Industrial Relations Act 2016

An employee is entitled to be absent from the employee’s employment on a day, or part of a day, that is a public holiday in the place where the employee is based for work purposes.

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

If the employer asks the employee to work on a public holiday, the employee may refuse the request if—

the request is unreasonable; or

the refusal is reasonable.

In deciding 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 calling or business, including its operational requirements;

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 ask the employee to 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, including, for example, whether the employment is full-time, part-time or casual, or involves shift work;

the period of notice given by the employer before the public holiday in making the request;

for a refusal of a request—the period of notice given by the employee before the public holiday in refusing the request;

any other relevant matter.