Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—plain language re-drafting—shutdown provisions
(AM2016/15)

AIRLINE OPERATIONS–GROUND STAFF AWARD 2020
[MA000048]

4 yearly review of modern awards –plain language re-drafting –shutdown provisions –Airline Operations–Ground Staff Award 2020 –variation to clause 26.6.

A. Further to the decision issued by the majority of the Full Bench on 22 December 2022 [[2022] FWCFB 246],the above award is varied as follows:

1. By deleting clause 26.6 and inserting the following:

26.6 Direction to take annual leave during shutdown

(a) Clause 26.6 applies if an employer:

(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period);and

(ii) wishes to require affected employees to take paid annual leave during that period.

(b) The employer must give the affected employees 3 months’written notice of a temporary shutdown period,or any shorter period agreed between the employer and the majority of relevant employees.

(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 26.6(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.

(d) The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e) A direction by the employer under clause 26.6(d):

(i) must be in writing;and

(ii) must be reasonable.

(f) The employee must take paid annual leave in accordance with a direction under clause 26.6(d).

(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 26.6(d),an employer and an employee may agree,in writing,for the employee to take leave without pay during that part of the temporary shutdown period.

(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 26.3.

(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement,any period of paid annual leave taken in advance by the employee,in accordance with an agreement under clause 26.3,to which an entitlement has not been accrued,is to be taken into account.

(j) Clauses 26.7 to 26.9 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 26.6.

2. By updating the cross-references accordingly.

B. This determination comes into operation on 1 May 2023. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 May 2023.

PRESIDENT

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