What you must know before closing your business over Christmas
In a year that has brought about so many challenges and changes to the HR landscape this year, including the introduction of the JobKeeper payment, a well-planned communication strategy will help deliver your end of year plans to staff.
Here are some of the things you and your business need to consider if you are planning to temporarily close your business over the holiday period:
Modern award clauses
Review your modern award to identify any provisions which will influence the steps you will need to take to close the business temporarily. Many awards will contain notice provisions within an “annual shutdown” or “closedown” clause. These provisions need to be adhered to.
By way of example, the Manufacturing and Associated Industries and Occupations Award 2020 requires employers to provide “not less than four weeks” notice of a closedown.
If you are unsure what modern award applies to you or whether it contains an annual closedown clause, contact the Workplace Relations Advice Line on 03 8662 5222.
Enterprise agreement or common law contract clauses
If your business has an enterprise agreement or employment contracts, these will also need to be reviewed and complied with before implementing a closedown.
Contact the Workplace Relations Advice Line on 03 8662 5222 for further assistance with navigating these any additional obligations.
Payment for the period of a close down
Before directing staff to take annual leave or unpaid leave, check the provisions of your modern award, enterprise agreement and/or employment contract.
To explore how the leave will be treated and what to do if an employee doesn’t have a sufficient leave accrual contact the Workplace Relations Advice Line on 03 8662 5222.
Businesses entitled to the JobKeeper payment will be obliged to continue making the payment to staff during the period of authorised annual leave.
During the festive season the following public holidays fall:
|Christmas Day||Friday, 25 December|
|Boxing Day||Saturday, 26 December|
|New Year's Day||Friday, 1 January|
Considering Boxing Day falling on a Saturday this year, we strongly recommend businesses check the applicable state legislation to understand if an additional public holiday has been proclaimed. To understand what payments need to be made to employees in respect of public holidays, including those on JobKeeper please contact the Workplace Relations Advice Line on 03 8662 5222.
How we can assist
Our experienced staff are here to give you over-the-phone advice about human resources and workplace relations issues at any time. We can help you with issues, such as:
- Modern award and enterprise agreement interpretation
- Wages and penalty rates
- Disciplinary processes, performance management and termination
- Personal illness and injury
- Parental leave and flexible working arrangements
Lean on our experts who will provide accurate information and general advice over the phone on all workplace relations issues. Our advisors are trained to give up-to-date information for your business, whatever your industry or size.
Complete Members have unlimited access to the Advice Line as part of their membership. Networker and Essentials members are welcome to utilise their free calls to speak to our knowledgeable advisors.
Contact the Workplace Relations Advice Line on 03 8662 5222.
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