End of year shutdown refresher for employers

If you have employees that are covered by the Electrical, Electronic and Communications Contracting Award 2020, you must provide a minimum of 2 month's notice in writing, should you intend to shut down your business for a specific time, including at the end of the year and start of the new year.

Under the Clerks (Private Sector) Award 2020, this minimum notice period is 28 days. This notice must be provided in writing. A shorter period may be agreed to with all employees concerned. 

In 2023, the directions an employer can give regarding the taking of annual leave during such a shut down period, changed. This affected the above Awards and many others. Employers may direct employees to take paid annual leave where they have accrued sufficient leave balance, however they may not direct an employee to take unpaid leave should they lack sufficient paid annual leave. Unpaid leave may be taken by agreement, or an agreement can be made regarding the taking of leave in advance. All such agreements should be recorded in writing. 

Disclaimer: This summary is a guide only and is not legal advice. For more information, call ECA Legal on 6241 6129 or email ecalegal@ecawa.org.au