The Union wants to be clear about our message to members on 8-hour Monday to Friday shifts around working on a public holiday.
Under the National Employment Standards, you have the right to be absent from work on a public holiday without loss of pay.
However, your employer may roster or request you to work on a public holiday if the request is reasonable.
You may refuse to work the public holiday if the employer’s request is not reasonable OR if your refusal is reasonable.
Whether a request or refusal is reasonable depends on a range of factors including:
- the operational requirements of the workplace, and the nature of your work;
- your personal circumstances, including family responsibilities;
- whether you could reasonably expect the employer to ask you to work on a public holiday;
- whether you receive penalty rates for working the public holiday;
- whether you are casual, full-time or part-time, or whether or not you work shiftwork;
- how much notice your employer gives you that you have to work the public holiday, and how much notice you give your employer when refusing to work; and
- anything else that could be relevant.