Closure Countdown – Annual Leave and Shutdown Rule Changes
With Christmas less than 90 days away, employers should be turning their mind to planning and confirming their Christmas/New Year shutdown arrangements. What is a “shutdown”? A shutdown, sometimes referred to as a close down, occurs when an employer’s business (or part of the business) temporarily shuts down for a period of time. Shutdowns usually occur during holiday periods such as Christmas/New Year, when there is a decrease in general business activity or at other times when the specific business is not in demand. As part of the plain language review of modern awards, the Full Bench proposed a draft model clause in relation to annual leave shutdown provisions in modern awards. Previously, the modern awards contained different rules in relation to providing notice of taking annual leave during a shutdown and whether or not an employer could direct an employee to take annual leave in advance or leave without pay if there is insufficient accrued annual leave. In May 20...