ARTICLE · 15 NOVEMBER 2025

Federal Court Orders Compensation For Christmas Holiday Work Breach

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Employers must make a reasonable request for public holiday work, not impose it.

AustraliaEmployment and HR

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The recent Federal Court decision in Mining and Energy Union v OS MCAP Pty Ltd (No 3) [2025] FCA 1372 (11 November 2025) sheds light on whether employees can be required to work at Christmas under section 114 of the Fair Work Act 2009 (Cth) (FW Act). The ruling required BHP's in-house labour hire company, OS MCAP Pty Ltd (OS MCAP), to compensate 85 production employees after unreasonably forcing them to work over the Christmas holidays without providing a reasonable right of refusal.

Relevant Provisions

Section 44 prohibits employers from breaching the National Employment Standards.

Section 114(1) provides employees with an entitlement to be absent from work on public holidays unless sections 114(2) and 114(3) apply:

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