Working on public holidays: What employers and employees need to know

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Public holidays can raise practical and legal questions for optometry practices, particularly around rostering, staffing needs and employee entitlements. Understanding how the Fair Work Act applies can help practices navigate these situations confidently and lawfully. 

Employees’ entitlement to be absent on public holidays 

Under the Fair Work Act 2009 (Cth), employees are generally entitled to be absent from work on a public holiday. While employers may request that an employee work on a public holiday, that request must be reasonable. 

Similarly, an employee may refuse a request to work on a public holiday if: 

• the request itself is not reasonable, or
• the employee’s refusal is reasonable in the circumstances.

The law requires a balanced assessment of both the employer’s needs and the employee’s circumstances. 

What makes a request or refusal “reasonable”? 

When determining whether a request (or refusal) is reasonable, a range of factors must be considered, including: 

• the operational requirements of the business 
• the nature of the work being performed 
• the employee’s personal circumstances (for example, family or caring responsibilities) 
• whether there was a reasonable expectation that work might be required on the public holiday 
• any penalty or overtime rates that apply 
• the type of employment (full-time, part-time or casual) 
• the amount of notice given by the employer 
• the notice provided by the employee if they refuse the request 
• any other relevant matters. 

No single factor is determinative – the overall context is what matters. 

Consultation and notice are critical 

Importantly, if an employer fails to properly consult with employees or does not provide adequate notice, a request to work on a public holiday may be considered unreasonable. 

Recent case law has reinforced that employers must actively make a request for employees to work on a public holiday. Simply rostering staff on without discussion does not satisfy the requirements of the Fair Work Act. Employees must be given a genuine opportunity to accept or refuse the request. 

When can an employer require an employee to work? 

If an employer’s request is reasonable and an employee’s refusal is not reasonable, the employer may lawfully require the employee to work. However, the default position under the Fair Work Act remains that employees are entitled to be absent from work on a public holiday. 

Practical guidance for employees 

Employees who have a reasonable basis for refusing to work on a public holiday should communicate this to their employer as early as possible. Doing so in writing, and clearly referencing personal circumstances or prior expectations, can help avoid misunderstandings. 

If an employer persists without proper consultation or fails to respect employees’ rights under the National Employment Standards (NES), there may be legal consequences, including exposure to penalties. 

Additional considerations for employers and managers  

Managers play a key role in ensuring that legal obligations are observed in practice — not just in principle. This includes: 

• supporting genuine consultation processes 
• ensuring staff receive sufficient notice and a real opportunity to accept or refuse public holiday work 
• clearly documenting decisions and communications. 

It is also prudent to keep records of discussions with senior management about public holiday operations and any concerns raised by staff. Where a proposed course of action appears legally or practically problematic, documenting those concerns — including potential legal risks and staff impacts – can demonstrate that managerial obligations have been met and that actions were taken in good faith. 

Need help? 

If you have questions about public holidays, rostering, or broader HR and employment law issues, Optometry Australia members can access support through: 

• Optometry Advisor Help Desk, or 
•  Industry Legal Group (ILG) for HR and employment law queries. 

Early advice can help prevent disputes and ensure your practice remains compliant while supporting your team. 

For more information or assistance, contact Optometry Australia today.  

Related news:  

• Read: Annual leave and blackout periods