The agreed indicative minimum Christmas closedown for those covered by the terms of the CFMEU Pattern EBA 2016-2018 (the EBA) is from 22 December 2018 until 8 January 2019 inclusive. Under the EBA, employees who have not accrued sufficient pro-rata annual leave at the time of the agreed Christmas closedown may be stood down by the employer in order to give them the minimum leave of absence required. Without the accrual of sufficient annual leave, an employee will be on unpaid leave. In order to plan financially for a period of unpaid leave it is advisable that employees are notified in advance of the requirement to be stood down over the Christmas / New Year period.

Where necessary, work may be performed during Christmas closedown, with the applicable conditions and procedure dependent upon which version of the EBA applies. Members intending to work during the period are encouraged to contact the IR Department for more information.

Members should also note that under the EBA, an employer terminating an employee due to lack of work must in addition pay any public holiday, or group of public holidays, falling within 10 calendar days after the termination. Therefore, employers intending to terminate an employee due to lack of work are encouraged to ensure that the termination has taken effect on or before 14 December 2018, in order to avoid any obligation to pay the public holidays of Christmas Day, Boxing Day and New Years Day.