Based on what you've told us, it looks like you're covered by the Hospitality Industry (General) Award [MA000009].
Employees can be directed to take annual leave during a shut down. They have to be given at least 4 weeks notice before the leave needs to be taken.
If an employee doesn't have enough annual leave to cover the shutdown, they can agree with the employer to take
- annual leave in advance or
- unpaid leave.
If an 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.
Use the Notice of requirement to take annual leave for close down letter template (DOC 62KB) when directing employees to take annual leave during a shut down.
Accumulating annual leave during a shut down
An employee will continue to accumulate annual leave only when on paid leave during a shut down.
Catering in primary and secondary boarding schools and residential colleges
Employees providing catering in primary and secondary boarding schools and residential colleges can be directed to take unpaid leave during official term breaks, semester breaks and the summer Christmas holiday period.
They have to be given at least 1 weeks notice, in writing, before the leave needs to be taken.
If work within the employee’s skills and experience is available during these periods, they will be offered that instead of taking unpaid leave.
An employee can also agree to take accrued paid annual leave or long service leave during these periods. They will continue to accumulate annual leave, sick leave and long service leave while on paid or unpaid leave during these periods.
To find out more about who this award applies to, go to the Hospitality Award summary.
Source reference: Hospitality Industry (General) Award 2010 [MA000009] clause 34.3, 34.4