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CHRISTMAS SHUTDOWN PERIOD
Many organisations close during the period surrounding Christmas Day and New Year’s Day.
Employers who are not constitutional corporations (and not respondent to a Federal Award) may be covered by a State Award and/or the Annual Holidays Act 1944.
Under the Workchoices reforms, employers who are constitutional corporations are no longer covered by State awards or certain State legislation that previously applied.
As a result, the provisions of the Annual Holidays Act 1944 may no longer apply to constitutional corporations and, instead, members may need to comply with the provisions of the Workplace Relations Act 1996.
Under the Annual Holidays Act:
You can temporarily close down your organisation or part of it (or reduce the staff to a minimum) for the annual holidays;
You must give each employee at least one month’s notice of the dates of the close down.
If any employees start working for your organisation less than a month before the close down period, inform them on the day they start;
You cannot close down more than once in each calender year.
Taking Annual Leave During a Shut Down
If the employee has sufficient accrued annual leave to cover the close down period they receive annual leave with pay in the normal manner
If the employee does not have sufficient accrued annual leave to cover the close-down period they receive the amount of paid annual leave that they have accrued and take the remainder of the close-down period as leave without pay;
If an employee has less than 12 month’s service with you at the date of closing down, the day the close down commenced will, in future, be their anniversary date for the purposes of accruing annual leave; and
If the employee has not accrued annual leave, you only have to pay them their pro rata entitlement for the close down.
Organisations should also check the provisions of the applicable industrial instrument as some awards and enterprise agreements contain specific provisions about close down and annual leave
For further information on which legislation you need to comply with please contact Human Resource Services of Uniting Resources, Go to contact page.
Awards
This section contains all the awards that apply to industries currently being operated within the NSW Synod. Any queries regarding interpretation or application of these awards should be referred to Human Resource Services of Uniting Resources for clarification.
NOTES
As all, bar a small number, of employers with workplaces based within NSW are unincorporated entities, they are not party to the federal Work Choices Legislation and are obligated to comply with the terms and conditions of employment contained within the NSW Awards for the industry in which they operate.
All employers with workplaces based within the ACT are automatically covered by the federal Work Choices legislation. Given this, the ACT awards contained on this site will continue to have application in conjunction with the Work Choices legislation until such time as the award is amended and/or the employer and employee mutually re-negotiate the terms and conditions of employment.
