CHRISTMAS – NEW YEAR CLOSE DOWN PERIODS ARE FAST APPROACHING

If your business is closing down over the Christmas – New Year period remember that you need to give employees prior notice, in writing, of this close down. Employees will be paid from their annual leave accrual (or RDOs by agreement) for this close down period.

Electrical, Electronic and Communications Contracting Award 2020

Under the Electrical modern award employers can declare a Christmas – New Year close down period by giving employees two months’ notice in writing.

Close down means a period of not less than two consecutive weeks and not more than four consecutive weeks, inclusive of public holidays.

You may like to consider your arrangements for ‘standby’ or ‘on-call’ rosters now in order to put the appropriate systems in place.

Clerks – Private Sector Award 2020

Under the Clerks modern award employers may require employees to take annual leave during a close down period by giving at least four weeks’ notice in writing.

Public Holidays falling during close down period

During the close down period permanent employees are entitled to be paid for public holidays during the close down period (if they would normally have had ordinary hours rostered on those days).

Under the model clause, which took effect from 1 May 2023, employers no longer have the overarching right to direct an employee to take leave without pay if they do not have enough annual leave accrued to cover the shutdown period. However, employees can still agree to take leave without pay.

Employers may, if there are no alternatives, direct a worker to perform work during the shutdown or pay them to be absent from work.

Most commonly, if there is a shortfall of leave this, can be managed through the use of banked rostered days off, time off in lieu of overtime, or granting requests to take annual leave in advance.

For further information contact the MEA Workplace Relations Team on 1300 889 198.