Recent Federal Court decisions have reinforced an important point for Queensland employers: staff cannot be requiredto work on a public holiday. Under the Fair Work Act, employers may only request public holiday work — and employees retain the right to refuse on reasonable grounds.
For businesses across Rockhampton, Yeppoon and the wider Capricorn region, this clarification has practical implications for rostering, communication and compliance.
The key takeaway
A “request” must be just that — a genuine question that gives employees a meaningful choice. Simply placing someone on a roster for a public holiday is not compliant, even if their contract says they may be required to work. Employers must ask, provide adequate notice, consider refusals, and document the process.
Why this matters
Courts have recently issued compensation and penalties where employees were rostered without being given the option to decline. Non-compliance can expose businesses to significant financial penalties, reputational risks and strained workplace relationships.
What employers should do
To stay on the right side of the Fair Work Act, employers should:
- Make genuine requests, not directives
- Provide clear notice and explain operational needs
- Consider personal circumstances when assessing refusals
- Update contracts and policies to reflect employees’ right to decline
- Keep records of all requests and responses
More information
Business Chamber Queensland has published a detailed breakdown of the legal obligations, recent case law, and practical steps for employers.
View the full article here: https://businesschamberqld.com.au/article/why-employers-must-request-not-require-employees-to-work-on-public-holidays/
