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ARTICLE · 17 JUNE 2023

FWC announces changes to shutdown provisions in modern awards

Cooper Grace Ward
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Discusses how employers can incorporate the amendments into workplace procedures and prepare for shutdown periods.

AustraliaEmployment and HR
Elaina Betzel
Elaina Betzel
Belinda Winter
Belinda Winter
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Employers with employees covered by any of the 78 modern awards impacted by the 1 May 2023 overhaul of business shutdown provisions by the Fair Work Commission should review their arrangements to ensure compliance.

Introduction

On 22 December 2022, the Full Bench of the Fair Work Commission determined to significantly vary, and ultimately standardise, the shutdown clauses in 78 modern awards.

The new shutdown provisions, which relate to a period when a business temporarily closes (such as during the Christmas and New Year period) took effect from 1 May 2023. A model clause (as shown in paragraph 82 of the FWC decision) was issued to replace the existing provisions within the awards.

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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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