As the end-of-year holiday season approaches, many businesses will get busier and require their employees to work extra hours and on public holidays, while other businesses may shut down (also known as ‘close down’) or reduce their staff numbers.
In either scenario, it is important to know how the rules and entitlements during this period could affect you. The Fair Work Ombudsman (FWO) can help!
Working overtime or on a public holiday
An employer can ask you to work overtime or work on public holidays if the request is reasonable. You can also refuse a request to work if you have reasonable grounds to do so. Whether an employer’s request to work, or an employee’s refusal is reasonable can depend on a number of factors, including:
- the needs of the business
- your role and responsibility
- your personal commitments, like family or caring arrangements
- how much notice your employer gives you about the extra hours
- what your contract says.
If you work overtime or on a public holiday, your award or registered agreement may give you additional entitlements such as penalty rates, overtime, or an alternative day off.
Find out when public holidays fall in your state.
Not working a public holiday
If you are a full-time or part-time employee, and a public holiday falls on your usual work day of work, your employer needs to pay you your minimum pay rate for your usual hours. This applies even when you are on paid annual leave during a shutdown.
Is your employer shutting down for the holidays?
An employer can direct their employees to take annual leave while the business has shut down if their award or registered agreement allows it.
Most awards have rules about how and when an employer can direct their employees to take leave. An award may require an employer to give you a minimum amount of notice to take annual leave. An award may also provide that a business can only close during certain periods.
Find out more
If you’d like to find out more, you can read the FWOs rights and entitlements during the holiday season article.
The FWO is also holding a FREE webinar on rights and obligations for working and employing during the holidays on 8 December 2022. To register, visit www.fairwork.gov.au/webinars.
You can find out more information about your workplace rights and entitlements at the FWO’s website www.fairwork.gov.au. To keep up to date or if you have a question, you can:
- Register with My account to make an online enquiry
- Subscribe to email updates
- Follow the FWO on Facebook, Twitter or LinkedIn
- Call the Fair Work Infoline on 13 13 94 or the free Translating and Interpreting Service on 131 450.
