Can employers in Australia ask staff to work on public holidays?

With the upcoming holiday season, the ongoing economic uncertainty and work pressures, businesses look to ensure continuity of operations, but at the same time, they also hope to give employees enough time to take a break. 

For some countries, working on public holidays is strictly prohibited or looked down upon. For others, it is a norm and rather appreciated. However, with the recent disruptions in work priorities and the push for improving employee well-being, it is time for leaders to examine their policies for working during year-end holidays. 

What does the Fair Work Ombudsman say?

“Employees have a right to be away from work on a public holiday.”

Given employees’ basic right not to work on public holidays, what happens if an employer requires the employee to carry out important tasks during that period? When is it reasonable to ask employees?

Getting paid for your work

The FWO states that employees (except casual employees) who normally work on the day a public holiday falls will be paid their base pay rate for the ordinary hours they would have worked if they had not been away because of the public holiday. Employers should note that an employee's roster can't be adjusted to deliberately avoid this payment. Click here for more information.

Before asking employees to work on public holidays, employers need to consider all relevant circumstances. Some of the justifiable grounds for staff to work during holidays or overtime include:

• The needs of the business
• How much notice the employee receives about working extra hours
• What the employee’s contract says

The request must be made after taking into consideration the employee’s personal commitments, like family care duties. 

In case an employee works overtime or on a public holiday, their award or registered agreement may give them additional entitlements such as:

• Penalty rates
• A different day off
• Extra annual leave

Additionally, there are specific guidelines for working on holidays for different types of industries, adjusted based on the nature of their work. In manufacturing, a shift worker who is on duty for the majority of their shift on a public holiday will be paid public holiday rates for that rostered shift. 

If only a fraction of their shift falls on a public holiday, then they will be paid public holiday rates for that shift. On the other hand, employees in retail are entitled to be paid public holiday rates for all hours worked on a public holiday. 

To ensure compliance and maintain a healthy work environment, in which all staff members are valued, HR leaders, must carefully design work policies for the year-end.