New Fair Work Ombudsman guidance to help employers avoid potential holiday-related breaches
The Fair Work Ombudsman (FWO) has issued fresh guidance on the rules and entitlements ahead of the end-of-year holiday season, as it reminded employers and employees to start planning for closures.
The FWO said there are different rules that apply when a business shuts down or reduces staff numbers during the end-of-year season, with the rules depending on what covers an employee.
Employers can direct their employees to take annual leave during a shutdown if their award or enterprise agreement allows it.
Employees without enough annual leave to cover a shutdown can use annual leave before they've accrued it or take unpaid leave, depending on the award and the agreement between the employer and employee.
According to the FWO, some awards allow employers and a majority of employees to agree on a shorter notice period for a shutdown, while others can include rules about when a business can close.
"Many awards have clauses about annual leave during shutdowns. Each award and agreement is different, so employers should check theirs before they give employees any directions to use annual leave," the FWO said.
For employees with awards or agreements that do not cover the shutdown, the FWO said these employees can make an agreement with their employer to take annual leave.
"If no award or agreement applies, employers can only direct the employee to take annual...
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