A recent decision from the Federal Court has changed the way employers manage their rosters. Effective from 28 March 2023, employers now need to make sure, in advance of any public holiday, that they have asked an employee if they will be available to work that public holiday, as opposed to just rostering them - even if the day forms pay of a regular shift rotation. There are important guidelines around how these requests to employees are framed and it's important that requests provide adequate time for employees to consider the request and offer their reasons for refusal if they wish to do so.

It is worth noting that it is not sufficient to include a term in an employment contract stipulating that they agree to work on public holidays, as contracts cannot override employees' rights in the National Employment Standards.

This rule has arisen out the successful appeal brought by the CFMMEU against OS MCAP Pty Ltd.