Direction to take annual leave during a shutdown
An employee can be directed to take annual leave during a shutdown if their award or enterprise agreement allows it.
On this page:
- Shutdowns
- Stand downs
- Direction to take annual leave under an agreement
- Tools and resources
- Related information
Shutdowns
A shutdown is when a business temporarily closes, such as during the Christmas and New Year period.
Shutdowns under an award
Find information about when an employee can be directed to take leave during a shutdown in your award. Select your industry and award from the list below:
Shutdowns for award and agreement free employees
An employer can require employees who aren’t covered by an award or enterprise agreement to take paid annual leave if the requirement is reasonable. This includes when the employer’s business is being shut down temporarily between Christmas and New Year.
Stand downs
A shutdown isn't the same as a stand down.
A stand down is when an employer tells employees not to work because they can’t be usefully employed, for reasons outside the employer’s control.
Reasons for a stand down can include:
- equipment breakdown, if the employer isn’t responsible for it
- industrial action, when it’s not organised by the employer
- a stoppage of work for a reason that the employer can’t be held responsible for, such as a natural disaster.
Learn more at Stand downs.
Direction to take annual leave under an agreement
If you’re covered by an enterprise agreement, check the terms of your agreement for shutdowns.
Agreements can have rules about when an employee can be directed to take leave during a shutdown.
Search for your registered agreement on the Fair Work Commission – Find an agreement database.
Source reference for page: Fair Work Act 2009 section 93, 94
