Employer directions & notice rules
Shutdowns
- Some workplaces close for a period (e.g., Christmas/New Year). Awards/EAs commonly require minimum notice (often around 28 days) and set how employees are directed to take annual leave during the shutdown.
- If you don’t have enough accrued leave, the instrument may allow you to take unpaid leave or agree to take annual leave in advance.
Excessive leave balances
- Many awards/EAs define “excessive” balances (commonly ~8 weeks, or 10 weeks for shift workers) and provide a process requiring the parties to attempt to reach agreement before the employer can direct leave.
- Any direction must still be reasonable and consistent with the instrument and the NES.
Reasonableness checklist (illustrative)
- Operational needs and safety-critical coverage
- Employee’s personal circumstances (e.g., caring responsibilities)
- Timing (peak periods, prior approvals, equitable allocation)
- Compliance with award/EA notice steps and consultation