Direction to take annual leave during a shutdown

An employee can be directed to take annual leave during a shutdown if their award or registered agreement allows it.

Shutdowns

A shutdown is when a business temporarily closes, such as Christmas and New Year.

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:

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Stand downs

A shutdown isn't the same as a stand down.

A stand down is when an employer tell 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 a registered 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: Fair Work Act 2009 s.93 and s.94(5b) Only relates to award/agreement free employees

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Related information

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Check out our Fixing a workplace problem section for practical information about:

  • working out if there is a problem
  • speaking with your employer or employee about fixing the problem
  • getting help from us if you can't fix the problem.

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