Enter your email and password to access secured content, members only resources and discount prices.
Did you become a member online? If not, you will need to activate your account to login.
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
Enables quick and easy registration for future events or learning and grants access to expert advice and valuable resources.
Enter your details below and create a login
The annual shutdown during the Christmas and New Year holiday period is industry practice for the residential building industry, but this year employers must prepare for some changes in practice. If you have employees covered by a modern award, there are new rules and requirements that must be followed when preparing for the shutdown period.
Previously, employers were able to direct employees to take unpaid leave during the annual shutdown period where an employee did not have sufficient annual leave for the period.
From 1 May 2023, amendments to modern awards will mean that employers must only direct employees to take paid annual leave (where available).
If an employee does not have sufficient annual leave to cover the shutdown, the employee may elect to take leave without pay or annual leave in advance.
It is important for businesses to start preparing for the annual shutdown period by:
Businesses should monitor and manage employees annual leave during the year to determine which, if any, employees will not have sufficient leave to cover the shutdown period.
Does your business have a policy which deals with:
The annual shutdown period:
If you don’t, now is the time to get these workplace policies in place. HIA’s HR Docs can assist you with workplace policies.
The Fair Work Act provides employers with the right to refuse annual leave requests, provided the refusal is not unreasonable. Businesses may need to consider refusing annual leave requests if the taking of annual leave will result in employee’s not having sufficient leave to cover a shutdown period.
As the shutdown period is an established feature of the building industry, it is unlikely to be considered unreasonable for an employer to refuse annual leave requests during the year, unless there are strong reasons to support the employees leave request. When receiving and responding to annual leave requests, it is best practice to document the request and response also.
If your employee doesn’t have sufficient annual leave, there are other leave entitlements the employee may choose to cover the shutdown period (at their own election), including:
On termination employers are permitted to deduct any money due to the employer that is equal to the amount paid to the employee for leave in advance that has not yet been accrued.
Can’t find what you need, check out other resources that might be closer to the mark.
No matter the size of the job, a watertight building contract is critical to protect your business, and the current climate presents a great opportunity to go digital with your contracts.