How employees are paid over the Christmas and New Year period depends on:

the award or agreement they're covered by

whether they're working or on leave.

Directing an employee to take annual leave

An employee can be directed to take annual leave during a shut down if their award or registered agreement allows it.

Most awards have rules about how and when an employer can direct an employee to take leave. For example, an employer may need to give the employee a set amount of notice (eg. 4 weeks) that they will need to take annual leave.

Employers with workers covered by any of the following Awards are required to provide 1-2months notice:

Building and Construction General On-site Award 2010

Electrical, Electronic and Communications Contracting Award 2010

Joinery and Building Trades Award 2010

Plumbing and Fire Sprinklers Award 2010

Aboriginal Community Controlled Health Services Award 2010

Aircraft Cabin Crew Award 2010

Alpine Resorts Award 2010

Aluminium Industry Award 2010

Ambulance and Patient Transport Industry Award 2010

Animal Care and Veterinary Services Award 2010

Asphalt Industry Award 2010

Banking, Finance and Insurance Award 2010

Black Coal Mining Industry Award 2010

Broadcasting and Recorded Entertainment Award 2010

Business Equipment Award 2010

Car Parking Award 2010

Cement and Lime Award 2010

Children’s Services Award 2010

Cleaning Services Award 2010

Clerks—Private Sector Award 2010

Coal Export Terminals Award 2010

Commercial Sales Award 2010

Concrete Products Award 2010

Contract Call Centres Award 2010

Food, Beverage and Tobacco Manufacturing Award 2010

Gardening and Landscaping Services Award 2010

Gas Industry Award 2010

General Retail Industry Award 2010

Graphic Arts, Printing and Publishing Award 2010

Hair and Beauty Industry Award 2010

Horse and Greyhound Training Award 2010

Hospitality Industry (General) Award 2010

Journalists Published Media Award 2010

Legal Services Award 2010

Local Government Industry Award 2010

Manufacturing and Associated Industries and Occupations Award 2010

Miscellaneous Award 2010

Mobile Crane Hiring Award 2010

Pest Control Industry Award 2010

Pharmaceutical Industry Award 2010

Poultry Processing Award 2010

Premixed Concrete Award 2010

Quarrying Award 2010

Racing Clubs Events Award 2010

Racing Industry Ground Maintenance Award 2010

Registered and Licensed Clubs Award 2010

Restaurant Industry Award 2010

Road Transport and Distribution Award 2010

Road Transport (Long Distance Operations) Award 2010

Seafood Processing Award 2010

Security Services Industry Award 2010

Silviculture Award 2010

Storage Services and Wholesale Award 2010

Sugar Industry Award 2010

Supported Employment Services Award 2010

Surveying Award 2010

Telecommunications Services Award 2010

Timber Industry Award 2010

Water Industry Award 2010

Wine Industry Award 2010

Find out if your award allows an employer to direct an employee to take annual leave over Christmas and New Year by calling us on 1300 789 132.

If an employee isn't covered by an award or an agreement, their employer can direct them to take annual leave if the direction is reasonable.

What if an employee doesn't have enough annual leave?

If the award or agreement provides for it, an employer can direct an employee to take annual leave in advance of accrual, or unpaid leave, for some or all of the time.

What if an award or agreement doesn't have rules about shut downs?

If your award or agreement doesn't have rules about annual leave during shut downs, an employer can't direct an employee to take leave.

However, an employer and employee can agree that the employee takes annual leave (including in advance of accrual) or unpaid leave for the shut down time. The employee can't be forced to take unpaid leave, so if an agreement can't be reached with their employer, they need to be paid their ordinary pay for the time.

What happens if a public holiday falls during an employee's annual leave?

If a public holiday falls during an employee's annual leave, they need to be paid for the public holiday - not annual leave. This means that an employee should be paid their base pay rate for the day and it shouldn't be taken off their annual leave balance.

Working during a shut down

If employees continue to work when a business shuts down they should be paid as normal. If any of the days are public holidays, these days are treated as public holidays. This means the employee should be given the day off without loss of pay or they should be paid public holiday rates as per their award or agreement.