Fair Work Act 2009

An employee is entitled to be absent from his or her employment on a day or part‑day that is a public holiday in the place where the employee is based for work purposes.

However, an employer may request an employee to work on a public holiday if the request is reasonable.

If an employer requests an employee to work on a public holiday, the employee may refuse the request if:

the request is not reasonable; or

the refusal is reasonable.

In determining whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account:

the nature of the employer’s workplace or enterprise (including its operational requirements), and the nature of the work performed by the employee;

the employee’s personal circumstances, including family responsibilities;

whether the employee could reasonably expect that the employer might request work on the public holiday;

whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;

the type of employment of the employee (for example, whether full‑time, part‑time, casual or shiftwork);

the amount of notice in advance of the public holiday given by the employer when making the request;

in relation to the refusal of a request—the amount of notice in advance of the public holiday given by the employee when refusing the request;

any other relevant matter.