Are you being illegally forced to work public holidays? A change in Federal law may mean yes

As the holiday season approaches, so too do a string of public holidays. But with a recent change in the law affecting rostering across these days, are you aware of your rights?

Earlier this year, the Federal Government made a significant change in the Fairwork Act stating that all employers must ask their staff whether they are available to work public holidays, as opposed to the traditional way of simply allocating days as per the usual roster.

Instated back in March, it is assumed that by now, all business owners have introduced a request system for their employees and while this can make things difficult, especially if a business is already short-staffed, professionals are saying the change is a natural progression as we move towards a more balanced work-life. Director of Cairns-based HR Dynamics, Phoebe Kitto agrees. “We are in a time of the flexible workplace and the more conversations we can have about what this looks like for both employers and employees, the better,” she said.

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If necessary, seeking professional advice, whether you are a business owner or employee, is a safe way to guarantee you aren’t breaking any laws and being treated fairly. HR Dynamics is there to support businesses in navigating Fair Work compliance and can be contacted here.

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So, the question remains: Are you getting a fair go when it comes to expectations around working public holidays? If you’ve been unfairly rostered to work on an upcoming holiday, Ms Kitto says that while you have the right to say something, there is a correct way to go about it. “You don’t want to cause unnecessary conflict which could erode the ongoing employment relationship,” she said. “My recommendation is to try and resolve the situation amicably by asking to speak with your employer, explain why you want the time off and, if required, gently let them know that you have the right to request public holidays off.”

Ms Kitto continued by saying that while the law must be adhered to, the HR industry realises that it can be difficult for industries that are required to open on public holidays and that there is a learning process in play to navigate this new way of rostering.

If necessary, seeking professional advice, whether you are a business owner or employee, is a safe way to guarantee you aren’t breaking any laws and being treated fairly. HR Dynamics is there to support businesses in navigating Fair Work compliance and can be contacted here.