Annual Shut Down Clause Imminent
78 modern awards will be varied by the Fair Work Commission in advance of typical annual close down periods over the Christmas / New Year / holiday period.
On 25 August 2022, the Fair Work Commission handed down a decision as part of its plain language 4 yearly review. The decision confirmed a new annual shut down model clause will be inserted into several modern awards including the HPSS Award, Nurses Award and Hair and Beauty Industry Award.
Currently only reasonable notice needs to be given, however under the proposed changes businesses & practices will need to provide at least 28 days’ notice of the date of the temporary closure and direction to take annual leave. The proposed model clause also confirms the types of leave the person can take during the shutdown period. For example, annual leave (if accrued & owed), LWOP or a combination of the two.
HIES will keep members in the loop and let you know once the proposed model clause has been finalised & inserted into the awards.
