Direction to take annual leave during a shut down
Due to the impacts coronavirus is having on the community, a number of unions and employer associations are applying to the Fair Work Commission to increase award flexibility.
This may affect the entitlements on this page.
For a list of determinations and to see if your award is affected go to Temporary changes to workplace laws during coronavirus.
An employee can be directed to take annual leave during a shut down if their award or registered agreement allows it.
What is a shut down?
A shut down is when a business temporarily closes during slow periods of the year, such as Christmas and New Year. It is also called a 'close down'.
Find information about when an employee can be directed to take paid and unpaid annual leave during a shut down in your award by selecting from the list below.
We don't have extra information here for your choice.
We only have extra information here for our most common industries. You'll need to check your award for minimum entitlements and obligations.
If you know your award you can access it from our List of awards page. If you don't, you can use our 3 step form to help you Find your Award.
You can calculate entitlements and obligations for all awards using our:
If you're covered by a registered agreement, check the terms of your agreement for information. To find a registered agreement, go to the Fair Work Commission website.
If an employee is covered by an agreement or an award that is not in the list that:
- states they can be directed to take annual leave during a shut down, but
- doesn't set out rules about what to do if they don’t have enough annual leave to cover the shutdown.
then the employee can agree with the employer to take:
- annual leave in advance or
- unpaid leave.
If the employee doesn't agree to either, they have to be paid their ordinary pay rate for the shut down. They can’t be forced to take unpaid leave.
- Building, construction and on-site trades
- Contract cleaning services
- Don't know
- Hair and beauty
- Health support services
- Real estate
- Road Transport
- Social, community, disability and home care services
- Storage services and wholesale
A shut down isn't the same as a stand down. A stand down is when an employer sends employees home if there is no useful work for them to do. Reasons for stand down include events out of the employer’s control like a natural disaster. See Pay during inclement weather and stand down for more information.
Direction to take annual leave under an agreement
If you’re covered by a registered agreement, check the terms of your agreement for information about when an employee can be directed to take annual leave during a shut down. To find a registered agreement, go to the Fair Work Commission website
Think a mistake might have been made?
Mistakes can happen. The best way to fix them usually starts with talking.
Check out our Help resolving workplace issues section for practical advice on:
- figuring out if a mistake has been made
- talking to your employer or employee about fixing it
- getting help from us if you can't resolve it.
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