Annual Shutdown Arrangements for the year
Posted on 18 November 2009
Lucio Trentini - SEIFSA, Industrial Relations Executive
The time of the year is fast approaching where management will have to finalise annual shutdown arrangements. The key provisions of the Main Agreement and the respective leave pay and leave enhancement pay (leave bonus) calculations are set out in this article to assist management in completing this task as simply as possible.
The actual dates of the annual shutdown are determined
by management. However, the shutdown must occur
as near as possible within the same period as in the
The three consecutive weeks’ paid leave must be
taken over an unbroken period and must include four
weekends. In addition, the three weeks’ leave must be
extended with full pay for each public holiday which
falls during the shutdown period and which would
otherwise have been an ordinary working day. This
year, depending on the date of commencement of the
annual shutdown, the following public holidays fall into
Wednesday, 16 December..........Day of Reconciliation
Friday, 25 December.............................Christmas Day
Saturday, 26 December.......................Day of Goodwill
Friday, 1 January.................................New Year’s Day
All employees are entitled to their full leave pay and leave enhancement pay (bonus) on completion of 234 shifts worked on a five-day week basis or 283 shifts on a six-day week basis (excluding overtime).
However, because the dates of the annual shutdown change from year to year, an employee who works all available shifts during the year is entitled to full leave pay and leave enhancement pay (leave bonus) even where the shifts amount to fewer than 234 shifts (fiveday week) or 283 shifts (six-day week). This means that an employee who actually worked all available shifts during the period from the first day after the last year’s annual shutdown up to and including the last shift preceding the current shutdown is entitled to the full leave pay and leave enhancement pay.
For example, this year the election day fell on Wednesday, 22 April 2009 which increased the number of public holidays from 12 to 13. However, The Day of Goodwill falls on a Saturday (26 December) meaning that, for those companies that do not ordinarily work on a Saturday, the denominator in both the leave pay and leave bonus calculation remains 234 (i.e. 365 days in a year less 52 Saturdays; 52 Sundays; 15 days’ leave and 12 public holidays).
New employees and others who have not worked all available shifts during the year are entitled to pro rata leave pay and pro rata leave enhancement pay.
Employee absences on account of sickness of not more than 43 shifts (five-day week) or 52 shifts (sixday week) during the year will qualify as shifts worked. Management is, however, entitled to call upon an employee to produce a medical certificate in proof of cause of each absence before recognising the shift for leave and leave enhancement pay qualification purposes.
An employee qualifies for an additional week’s paid leave from his fourth and subsequent consecutive periods of annual leave and, by mutual arrangement between the employer and employee, the annual shutdown may be extended by an extra week or the employee may be paid out the monetary value of this extra week’s leave. Alternatively, and again by mutual agreement, the extra
week’s leave may be accumulated until the employee qualifies for such extra three weeks’ paid leave.
In cases where employees doing essential work continue working during the shutdown, the bargaining council must be informed of the names of these employees at least one month in advance. These employees must be given their paid leave within four months of the date of the shutdown.
The formulae to calculate full (or pro rata) leave pay and leave enhancement pay are as follows:
Annual shutdown arrangements for this year
By Lucio Trentini, SEIFSA Industrial Relations Executive
Click link below for original PDF document, Formula to calculate leave pay and Formula to calculate Leave enhancement pay.