Direction to take annual leave during a shut down
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.
Based on what you've told us, it looks like you're covered by the Fast Food Industry Award 2010 [MA000003].
Employees can’t be directed to take annual leave during a shut down under the Fast Food Award.
An employee can still agree to take annual leave, annual leave in advance or unpaid leave during a shut down.
However, if they don’t agree, they have to be paid their ordinary pay rate for the shut down. They can’t be forced to take unpaid leave.
Accumulating annual leave during a shut down
An employee will continue to accumulate annual leave only when on paid leave during a shut down.
For annual leave entitlements in this award, go to the Fast Food Industry Award 2010 [MA000003] clause 28 .
To find out more about who this award applies to, go to the Fast Food Award summary.
- 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
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