Public holidays sit at an interesting crossroads in workplace law. They’re important cultural markers, yet many industries keep their doors open while the rest of the country slows down. The Fair Work Act sets out firm rules about how employers must approach public holiday work – and recent court decisions have sharpened expectations. 

Employees are entitled to be absent on public holidays 

Every employee who ordinarily works on the day a public holiday falls is entitled to be paid their base rate even if the business closes. Think of a part-timer whose usual Monday shift disappears because the workplace is shut for Easter Monday – they still receive pay for their usual hours. 

By contrast, if the holiday falls on a day they don’t normally work, the entitlement doesn’t apply.

What happens when a business stays open 

If a business must remain open on a public holiday, employers can request staff to work – but this must be a request, not a demand. The Fair Work Act spells out that employees must be given a meaningful choice. The request must be reasonable, and the refusal can be reasonable too. 

A Federal Court decision underscored this point when a labour-hire business rostered dozens of workers for Christmas shifts without asking them first. Because no genuine choice was offered, the court found the employer had breached the National Employment Standards and ordered compensation for the employees, plus penalties for the business. 

What makes a request “reasonable”? 

The law doesn’t prescribe a rigid formula, but several factors guide the assessment. 

The nature of the work matters. Businesses which operate around the clock – such as healthcare, logistics, emergency services or mining – have stronger grounds to ask staff to work. The industry norms and the employee’s role also shape what is reasonable. A barista may expect public holiday shifts; an office receptionist likely wouldn’t. 

Notice plays a part – asking weeks ahead is very different from asking the day before. The level of compensation on offer is relevant too; penalty rates or salaries that take public holiday work into account strengthen the request, though they never cancel out the employee’s right to say no.

Personal circumstances sit in the mix as well. Caring duties, religious observance or other significant commitments can make a refusal entirely reasonable. 

What about rostering? 

A roster, on its own, is not a request. If a business simply publishes a roster showing staff allocated to a public holiday shift, the Fair Work Act treats that as meeting merely one of the requirements. Employers must also communicate the request separately and clearly enough that the employee understands they can decline. 

Many workplaces manage this by drafting the roster early, letting employees know which shifts the business needs filled, and then confirming only after employees accept. Others issue written requests alongside the roster so there’s no confusion about choice. 

Whether the request is delivered in writing, in person or through a rostering system, it must be directed to the employee as an individual. A generic “all staff” notice doesn’t cut it. 

Avoiding costly missteps 

Penalties for non-compliance can be significant. Individuals may face tens of thousands of dollars in fines and corporations can face amounts into the hundreds of thousands, depending on the scale of the breach. Courts can also award compensation for lost income or the personal impact of missing time with family. 

The financial risk is only part of the story. Requiring staff to work without asking first can also damage workplace trust and fuel disputes, particularly around high-value public holidays like Christmas Day or Boxing Day. 

Best practice for employers 

Employers who need people to work on a public holiday can reduce risk by adopting a clear and consistent process. Start with the assumption that staff won’t be working, then make a genuine request that gives them space to consider their answer. Explain why the shift is needed, provide ample notice, and document the exchange. 

A simple system that tracks requests, responses and final agreements helps avoid confusion. Policies and contracts should also be checked to ensure they don’t imply mandatory public holiday work. Language like “you may be required to work” can’t replace the legal need to ask. 

Practical support for employers 

Public holiday rules can feel deceptively simple but carry layers of nuance, particularly when balancing rosters, operational demands and individual circumstances. Employers looking to tighten their processes or navigate complex scenarios can seek guidance from Business Chamber Queensland’s workplace relations specialists, who offer advice, training and tools to help businesses stay compliant. 

Clear communication, early planning and genuine choice form the backbone of lawful public holiday rostering – and give businesses a smoother path through the busiest parts of the year.