ARTICLE · 06 JULY 2023

Can staff be directed to work on a public holiday?

Hall Payne Lawyers

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A roster that includes a public holiday is only a draft, until staff have had a chance to review and refuse.

AustraliaEmployment and HR

Jennifer Mitchell

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A March 2023 decision of the Federal Court has reaffirmed employees' entitlement to a paid day off on a public holiday. It has also clarified s 114 of the Fair Work Act 2009 (Cth) (FWA) regarding how an employer can reasonably request staff to work on a public holiday, when an employee can reasonably refuse such a request, and the distinction between a request and a requirement.

The decision

On 28 March 2023, the Federal Court handed down its decision in CFMMEU v OS MCAP PTY LTD [2023] FCAFC 51 (the Decision).

The employer, OS MCAP runs a coal mining operation at the Daunia Mine, near Moranbah in central Queensland. Around 85 employees were required to work on Christmas Day and Boxing Day 2019.

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