Official form guide
Form sts notice of requirements to take annual leave for temporar: Sts notice of requirements to take annual leave for temporary shutdown
This form is a template letter for employers to notify employees that they must take annual leave during a temporary business shutdown (e.g., over Christmas). Use it when your award allows you to direct employees to take leave during a shutdown period.
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Form Overview
Fair Work Ombudsman Form sts notice of requirements to take annual leave for temporar - Sts notice of requirements to take annual leave for temporary shutdown
This form is a template letter for employers to notify employees that they must take annual leave during a temporary business shutdown (e.g., over Christmas). Use it when your award allows you to direct employees to take leave during a shutdown period.
Risk Radar
Scan points- 1The biggest mistake is not checking your award – if it doesn't allow this, the direction is invalid.
- 2Not checking your award to see if you can direct annual leave during a shutdown.
- 3Giving less notice than your award requires without employee agreement.
- 4Forgetting that public holidays during the shutdown don't count as annual leave.
- 5Not considering whether annual leave loading or penalty rates apply.
Plain English
If your business closes for a short time, like over Christmas, you might need to ask your workers to use their annual leave during that closure. This letter is a simple way to tell them. It's a template from the Fair Work Ombudsman, so you just fill in the blanks and give it to your employees.
Submission Date
- Filing date: You must give this notice before the shutdown starts. Most awards require at least 28 days' notice, but check your award for the exact minimum – you can give less if most employees agree.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When your business is planning a temporary shutdown (e.g., over Christmas/New Year) and you need to direct employees to take annual leave.
- When your award or enterprise agreement allows you to direct employees to take annual leave during a shutdown.
- When you need to provide written notice of the shutdown and the requirement to take leave.
- When you want to use a FWO-approved template to ensure compliance with notice requirements.
- When you need to document the dates and reason for the shutdown for your employees.
Form selector
Use this form or another form?
You are shutting down permanently
Temporary shutdown is different from permanent closure; different rules apply.
✓ Confirm the shutdown is temporary.
Notice of redundancy or termination
You are not directing employees to take annual leave but want to offer it
This form is for directed leave, not voluntary leave.
✓ Ensure you are not forcing leave if not allowed.
Employee does not have enough annual leave for the shutdown period
You need to agree on alternative arrangements; this form alone may not cover it.
✓ Discuss and document alternative arrangements.
Agreement for leave without pay or advance leave
You are considering a stand down instead of a shutdown
Stand down has different legal requirements and reasons (e.g., no useful work due to stoppage).
✓ Ensure you meet the stand down criteria under the Fair Work Act.
Deadline or filing window
Give the notice before the shutdown starts – usually at least 28 days, but check your award. If you give less, you need agreement from most employees.
Before you submit
- 1Confirm the shutdown is temporary and meets the definition.
- 2Check your award for the minimum notice period and any specific requirements.
- 3Fill in all placeholders: business name, employee name, dates, reason, award clause, etc.
- 4Provide the letter to the employee within the required notice period.
- 5Keep a copy of the letter for your records.
- 6If the employee has insufficient leave, discuss and agree on alternative arrangements and document them.
- 7Ensure the letter is signed and sent from a person (not an automated system) as per tips.
- 8Check that the letter includes the required information: dates, reason, and notice period.
How to file this form
- 1Step 1: Identify the applicable award or enterprise agreement and check the notice requirements for temporary shutdowns.
- 2Step 2: Determine the shutdown period and the reason for the shutdown.
- 3Step 3: Complete the template letter with the employee's details, your business details, the shutdown dates, the reason, and the award clause.
- 4Step 4: Provide the letter to the employee within the required notice period (e.g., 28 days before the shutdown starts).
- 5Step 5: Keep a copy of the signed letter for your records.
- 6Step 6: If the employee does not have enough annual leave, discuss and agree on alternative arrangements (e.g., leave in advance, unpaid leave) and document that agreement.
Known limitations
- 1This template is a general guide and does not constitute legal advice.
- 2It may not cover all circumstances, such as specific award requirements or enterprise agreements.
- 3It does not address situations where the employee does not have enough annual leave; you need to make separate arrangements.
- 4It assumes the shutdown is temporary and that you are directing leave in accordance with the award.
- 5It does not cover stand down situations, which have different rules.
Field map
Compact field-by-field guide
Applicant
1 items
Full name (and representative, if any), postal address, email, and phone number of the person or organisation lodging the application.
Respondent
1 items
The exact legal name and ABN of the employer or other party the application is made against.
The Matter
2 items
Identify the kind of matter — for example, unfair dismissal, general protections, or an agreement application.
A clear description of what happened, relevant dates, and the outcome you are seeking.
Dates
1 items
Relevant dates such as the date of dismissal or the date the issue arose — these determine whether you are within time.
Supporting
1 items
Any documents that support your application, such as letters, contracts, or notices.
Declaration
1 items
Sign and date the form. Applications may also require a fee or an application for a fee waiver.
Almost done reviewing the fields?
Fillable formOpen in Editor->This template letter from the Fair Work Ombudsman was last updated in May 2023. It is a current template for notifying employees about taking annual leave during a temporary shutdown.
What changed or needs a fresh check
- Check the specific award or enterprise agreement for the required notice period (often 28 days, but may be shorter if agreed).
- Verify that your award allows directing employees to take annual leave during a shutdown.
- Confirm the shutdown dates and reason are accurately stated in the letter.
- Ensure the employee's name and details are correctly filled in.
- Review the FWO website for any updates to this template since May 2023.
Quick Facts
Sources
- SRCThe form is a template letter from the Fair Work Ombudsman (FWO).
- SRCThe form is titled 'Notice of requirement to take annual leave for temporary shutdown'.
- SRCIt was last updated in May 2023.
- SRCIt defines a temporary shutdown as a business choosing to temporarily shut down all or part of the business for a period, e.g., Christmas/New Year.
- SRCIt distinguishes between temporary shutdown and stand down.
- SRCIt states that most awards require at least 28 days' written notice, but check your award.
- SRCThe letter should include the dates of the shutdown and the reason.
- SRCIt advises to provide the letter to the employee and keep a copy.
- SRCIt mentions that if the employee doesn't have enough annual leave, alternative arrangements like leave in advance or leave without pay may be agreed.
- SRCIt includes tips: sign the letter, send from a person, etc.
Common confusion points
Confusing temporary shutdown with stand down – they have different legal meanings and requirements.
Not providing the required notice period – check your award; it's often 28 days but could be shorter if agreed.
Not checking if your award actually allows directing annual leave during a shutdown.
Forgetting to include the reason for the shutdown in the letter.
Not keeping a copy of the letter for your records.
Assuming the employee has enough annual leave; if not, you need to agree on alternatives.
Using this template for a permanent closure or redundancy – it's only for temporary shutdowns.
Not updating the template if your award changes.
Source transparency
Copyright & Licensing — Australian Government Forms
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