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ARTICLE · 02 MAY 2023

Standardised Award shutdown provisions from 1 May 2023

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Changes to 78 awards will impact how employers manage their employees' annual leave during business shutdowns.

AustraliaEmployment and HR
Michael Selinger
Michael Selinger
Julia Wyatt
Julia Wyatt
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If you're an employer with employees covered by one of 78 Awards, you have until 1 May 2023 to review your arrangements for directing employees to take unpaid leave during any business shutdown periods, including the Christmas/New Year break. This follows from a raft of changes made by the Fair Work Commission (FWC) last year.

Background

On 22 December 2022, the Full Bench of the FWC decided to standardise shutdown provisions in a majority of Awards (Decision). In doing so, the FWC issued a model clause to replace the existing shutdown clauses in the 78 Awards subject to the Decision (extracted in paragraph [82] of the Decision).

On 3 March 2023, the FWC published over 70 individual determinations which separately outlined the exact clauses to be inserted into each Award. These new clauses will commence on 1 May 2023.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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