Business owners who usually schedule team members to work on public holidays should be aware that they can no longer assign employees to work these days by default. Instead, a request process must be implemented.
On 28 March 2023, the Federal Court ruled that employers are required to request an employee’s consent to work on a public holiday. This decision is effective immediately.
As a result, employers can no longer just go about rostering people on for public holidays without consent.
For those responsible for rostering, please consider, seriously, how you will manage this process moving forward.
Here are a few tips to ensure you comply with this recent change:
1. Review and update your rostering procedures and policies
a. Include a section that covers public holiday requests and provides clear steps on the response process.
2. Open communication
a. Inform your employees about the changes in the rostering process and have regular channels [team meetings, emails, internal messaging] where the process is repeated and there are opportunities for questions and responses.
3. Train people
a. Ensure that anyone responsible for rostering is aware of the new regulations and understands the correct procedures for requesting employees to work on public holidays.
It is difficult as an employer, to keep on top of things and we often don’t realise there has been a change to a process or a ruling. Get in touch to ask for advice or guidance to enable you to implement a change that is both practical for your business while following the legal requirements.
