Based on what you've told us, it looks like you're covered by the Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089].
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:
- all of their accrued annual leave and then
- unpaid leave for the rest of the shut down.
An employee can also agree with their employer to take annual leave in advance.
An employer can shut down the business 2 times a year or up to 3 times a year where most of the employees agree. Check the Vehicle Award for full information on when a business shuts down, including how long the shut down period can be.
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 while on paid leave during a shut down period.
To find out more about who this award applies to, go to the Vehicle Award summary.
Source reference: Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089] clause 29.9, 29.6