Working on public holidays

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Bottom line; it needs to be a ‘request’ to work on a public holiday. Not a requirement.

Employee cannot ‘unreasonably’ refuse. Both the nature of the request and the employee’s circumstances will be relevant.

The request may also open the door to a dialogue or negotiation.

Will be interesting to see how this one plays out.

MHA 👍


Edit: here’s a link to the list of factors that will be considered (s 114(4)). I’d suggest ‘personal circumstances including family responsibilities’ and the absence of penalty rates would be the two factors to play in favour of crew. The nature of the job, contract and expectations would be powerfully against.

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s114.html