Is your business closing over Christmas and the New Year?

Is your business closing over Christmas and the New Year?

Did you know many Modern Awards and agreements allow employers to direct their staff to take annual leave (or unpaid leave when annual leave has been exhausted) during a close down period.

There are different requirements under each Modern Award and agreement that detail the minimum notice period that you are required to provide to your staff.

It is important to review the requirements around shutdowns and comply with the correct notice periods set out in any Modern Award or agreement applicable to your employees.

Most Modern Awards will require that an employer provide their employees with no less than four weeks’ notice of:

  • the intention to close down the business for a defined period; and
  • the requirement for employees to take annual leave.

However, it is important to note that some industrial instruments do require that a greater period of notice be provided. 

It is important to get onto this fast as Christmas is fast approaching!

If no Modern Award or agreement applies, employers can only direct the employee to take annual leave if the direction is reasonable.

For assistance ensuring you are meeting your obligations regarding your Christmas shutdown, please get in touch with the team at HR Law by calling 07 3211 3350 or sending an email to:

The content of this article is intended to provide a general guide to the subject matter.  Specialist advice should be sought about your specific circumstances.

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