Christmas shutdown - prepare your staff

There were changes made to some Awards during 2023 which employers should be aware of.

The specifics vary with each Award, but there are certain actions that employers should take to make sure they are covered.

For Businesses Shutting Down over the Christmas Period

Give employees written notice of up to 28 days of business shutdown period. The periods are different under each Award but 28 days is the maximum. You should check relevant awards for details. The notice period can be reduced through an agreement between the employer and the majority of impacted employees.

Employee Leave during shutdown period

Where employees have enough annual leave to cover the shutdown period, employers can direct employees to take paid annual leave during the shutdown period, but this must be in writing.
For employees who do not have enough leave there are 3 choices and the final agreement must be in writing:

• The employee can agree to take leave without pay for those days. The employer cannot force the employee to do this.
• The employer can offer annual leave in advance to the employee to cover the period. The written agreement should include a proviso that, should the employee terminate employment before they have accrued enough leave to cover the advance, then any balance can be taken out of the final pay.
• The employee can use accrued time off

It is important that employers check each relevant award as different rules can apply. 

For Businesses Staying Open on Public Holidays

• Employers may make a request for employees to work on public holidays if the business is not closing over Christmas. Employees are entitled to refuse that request if they have a reason. Lack of childcare would be considered a reason.
• This “request” must be made separately and before any roster is finalised.

The best approach – both legally and for good staff relationships – is to communicate very clearly in writing with your employees. The staff should know what will be required from them over the Christmas period and what they can expect in terms of work hours.

This information is provided by Australian Bookkeepers Network Pty Ltd www.austbook.net”