![]() However, the conversation must start with a request. What is reasonable will depend on the particular circumstances but will have regard to factors including the amount of notice given, industry, occupation, work demands and personal circumstances of the employee. To hose down fears that employers are up the proverbial creek without a paddle when it comes to meeting public holiday work demands, the Federal Court made it clear that an employer does not have to accept an employee’s refusal of a request to work a public holiday if the refusal is unreasonable. With OS MCAP employees having little to no wriggle room to discuss or say no to scheduled public holiday work, the Federal Court threw out the suggestion that OS MCAP made a genuine "request" and in those circumstances, it breached employees’ rights. ![]() If an employer wants to disrupt that, the Fair Work Act is clear that an employer can request, and not require, public holiday work. ![]() The problem is, the Fair Work Act recognises everyone’s right to partake in a little two-up, search for Easter eggs, or otherwise celebrate each public holiday in a way that doesn’t concern work. An understanding they got through their induction, roster notification cards, and the terms of their employment contract. The shift workers understood that they would be required to work on public holidays as part of their standard roster. The employer, OS MCAP, employed shift workers at BHP's Daunia mine in Central Queensland. As we approach the Easter long weekend and Anzac Day, the Federal Court has handed down an aptly timed judgment that reminds employers that they can request, not require, employees to work public holidays.
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