Does your business take a period of shutdown over the Christmas New Year Period? Whilst you may think that you can simply close the business, you may have Award obligations regarding notification of shut down periods to adhere to!

Generally speaking, a business may have the ability to require employees to take leave during periods where there is a closure of the business, particularly with regard  to Christmas holiday periods.

However, some awards have specific periods of notice that must be provided to employees regarding any shutdown period to enable them to accrue sufficient leave.

For example, the Building and Construction General On-Site Award required that an employer provide at least 2 months notice to the affected employees.

Accordingly, if you haven’t already advised your employees of the likely period of shutdown you intend to take over Christmas and New Years, we recommend you prioritise this matter as soon as possible, and take appropriate steps to notify your employees.

If you would like to discuss your obligations to notify of a shutdown period, whether you can mandate annual leave and or leave without pay specific to your circumstances, or you would like assistance to put together a memorandum to notify of your shutdown, send us an email to advice@ondemandhr.com.au

Thanks very much and looking forward to seeing you in the next update.