Employers now must ask staff to work public holidays

By CCIWA Editor 

A recent decision from the Federal Court will have a significant impact on employers who need their staff to work on public holidays.

Employers are now required to ask their staff if they wish to work public holidays before they roster them to do so.

This decision was made on 28 March 2023 in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51.

The position confirmed by the Court may be inconsistent with the understanding of many employers with rosters in place. Those employers should urgently review their existing practices.

CCIWA Members have access to a comprehensive factsheet with:

  • Explanation of the law;
  • What process must be followed when requesting employees to work public holidays;
  • Whether employment contracts can include terms that employees may be required to work on public holidays;
  • When a request or refusal is considered reasonable; and
  • Helpful flow chart to help employers understand their obligations.


If you need any further assistance or information, please contact our Employee Relations Advice Centre on 9365 7660.

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