Following a decision of the Fair Work Commission in late December 2022, the annual shut down provisions in the Transport awards will change. Clauses 24.9 Road Transport and Distribution Award 2020 and clause 20.4 Road Transport (Long Distance Operations) Award 2020 will be removed from 1 May 2023 and replaced by a provision that is more restrictive.
A forced shut down will only be able to be enforced for employees who have accrued annual leave. Agreement may be reached with employees who want to take leave in advance. But if employees want to work then they must be permitted to do so.
This is a major change and may affect the way in which employers view the taking of annual leave throughout the year. For clarification, please call a NatRoad advisor.
