Workplace Relations

Shutdown rules for Modern Awards

Published 26 September 2024

With Christmas approaching, it may be time to think about when and for how long your practice may close over the Christmas and New Year period.  

The rules around directing and taking annual leave during a shutdown period under the Health Professionals and Support Services Award 2020 and the Nurses Award 2020 were updated last year. 

The Award includes the following:

  • employers may require employees to take paid annual leave during a temporary shutdown
  • employers must provide at least 28 days’ written notice of the temporary shutdown period to all impacted employees
  • the requirement to take annual leave must be reasonable 
  • notice periods can be reduced if the majority of affected employees and their employer agree
  • if an employee doesn’t have enough annual leave to cover all of the shutdown, the employee and employer can agree to alternative options for days not covered. This may include:
    • using other paid time off such as time off in lieu
    • annual leave in advance, or
    • taking leave without pay. 

Should public holidays occur during a shutdown period, employees are to be paid the public holidays during this period which fall on days they would normally work. 

All employees continue to accumulate annual leave during a shutdown period unless they’re taking leave without pay. 

The opportunities 
Here are some ideas on how to :

  • to gift annual leave - this is a nice way to assist new staff who may have not accrued enough annual leave to get through the shutdown period and acknowledge the hard work the wider team has put in during the year
  • to enable staff to take annual leave a few days in arears
  • being flexible enough for staff to request a mix of available leave as mentioned under the Awards but to consider leave without pay as a last resort as leave does not accrue on leave without pay.

Shutdown provisions in modern awards
Health Professionals and Support Services Award – Clause 27.5 Direction to take annual leave during shutdown 
Nurses Award – Clause 22.7 Direction to take annual leave during shutdown

Give the Workplace Relations Team on 07 3872 2264 if you have any questions regarding shutdown periods and how this applies to your practice or email us at workplacerelations@amaq.com.au