Shutdown Award Provisions

by Apr 15, 2023View All, WH&S

Fair Work Commission Shutdown Provision update:

The Fair Work Commission recently reviewed the shutdown provisions in 78 modern awards. The Commission has now determined there are inconsistencies and these 78 awards require a model shutdown provision which will replace the existing clauses within these awards.

Previously an employer could direct an employee to take unpaid leave in the absence of required leave, this clause has now been removed. While the clause has been removed, the updated model clause allows the Employer and Employee to agree to a reasonable period of unpaid leave for a shutdown period. These changes will be in place from 1 May 2023, and will include holidays for example the Christmas and the New Year holiday period. The Awards these changes relate to are noted below.

A result of these changes are-

 

  • The employer cannot require an employee to take leave without pay where that employee has insufficient annual leave to cover the shutdown. Leave without pay can only be by agreement.
  • Employees may agree to take annual leave in advance where they have insufficient annual leave to cover the shutdown period.
  • Employees who do not have sufficient accrued annual leave to cover the full shutdown period and who do not agree to take annual leave in advance, or leave without pay, will be entitled to continue working or continue to receive wages during that period of the shutdown period.
  • An employer must give in writing at least 28 days notice of the shutdown unless a shorter period is agreed to between both parties.

With these impending changes, employers should identify opportunities to be proactive when reviewing and managing upcoming leave for employees, with leave processes and plans to include a sufficient annual leave balance (or relevant leave days within the employee’s current award) to provide leave coverage for any planned shutdown period.

Please feel free to give us a call on 1800 577 515, and we can work through the impact and the proposed steps forward for your team and business.

List of modern awards that will be varied to include the Model Clause – 

1.  Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 

2. Aircraft Cabin Crew Award 2020 

3. Airline Operations–Ground Staff Award 2020 

4. Alpine Resorts Award 2020 

5. Aluminium Industry Award 2020 

6. Ambulance and Patient Transport Industry Award 2020 

7. Animal Care and Veterinary Services Award 2020 

8. Aquaculture Industry Award 2020 

9. Asphalt Industry Award 2020 

10. Banking, Finance and Insurance Award 2020 

11. Black Coal Mining Industry Award 2020 

12. Broadcasting and Recorded Entertainment Award 2020 

13. Building and Construction General On-site Award 2020 

14. Business Equipment Award 2020 

15. Car Parking Award 2020 

16. Cemetery Industry Award 2020 

17. Cement, Lime and Quarrying Award 2020 

18. Cleaning Services Award 2020 

19. Clerks—Private Sector Award 2020 

20. Coal Export Terminals Award 2020 

21. Commercial Sales Award 2020 

22. Concrete Products Award 2020 

23. Contract Call Centres Award 2020 

24. Educational Services (Post-Secondary Education) Award 2020 

25. Electrical Power Industry Award 2020 

26. Electrical, Electronic and Communications Contracting Award 2020 

27. Fitness Industry Award 2020 

28. Food, Beverage and Tobacco Manufacturing Award 2020 

29.  Gardening and Landscaping Services Award 2020 

30. Gas Industry Award 2020 

31. General Retail Industry Award 2020 

32. Graphic Arts, Printing and Publishing Award 2020 

33. Hair and Beauty Industry Award 2020 

34. Health Professionals and Support Services Award 2020 

35. Higher Education Industry—General Staff—Award 2020 

36. Horse and Greyhound Training Award 2020

37. Hospitality Industry (General) Award 2020 

38. Hydrocarbons Industry (Upstream) Award 2020 

39. Joinery and Building Trades Award 2020 

40. Journalists Published Media Award 2020 

41. Legal Services Award 2020 

42. Local Government Industry Award 2020 

43. Manufacturing and Associated Industries and Occupations Award 2020 

44. Meat Industry Award 2020 

45. Mining Industry Award 2020 

46. Mobile Crane Hiring Award 2020 

47. Miscellaneous Award 2020 

48. Nursery Award 2020 

49. Nurses Award 2020 

50. Oil Refining and Manufacturing Award 2020 

51. Pest Control Industry Award 2020 

52. Pharmaceutical Industry Award 2020 

53. Plumbing and Fire Sprinklers Award 2020 

54. Poultry Processing Award 2020 

55. Premixed Concrete Award 2020 

56. Professional Employees Award 2020 

57. Racing Clubs Events Award 2020 

58. Racing Industry Ground Maintenance Award 2020 

59. Real Estate Industry Award 2020 

60. Registered and Licensed Clubs Award 2020 

61. Restaurant Industry Award 2020 

62. Road Transport (Long Distance Operations) Award 2020 

63. Road Transport and Distribution Award 2020

64. Salt Industry Award 2020 

65. Seafood Processing Award 2020 

66. Security Services Industry Award 2020 

67. Silviculture Award 2020 

68. Storage Services and Wholesale Award 2020 

69. Sugar Industry Award 2020 

70. Supported Employment Services Award 2020 

71. Surveying Award 2020 

72. Telecommunications Services Award 2020 

73. Textile, Clothing, Footwear and Associated Industries Award 2020 

74. Timber Industry Award 2020 

75. Vehicle Repair, Services and Retail Award 2020 

76. Water Industry Award 2020 

77. Wine Industry Award 2020 

78. Wool Storage, Sampling and Testing Award 2020

 

 We’re here to help, give us a call today and we will help you navigate these Award changes. 1800 577 515

 

 

 

 

 

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