Do you know what to do if an employee asks to swap the ANZAC Day public holiday?

ANZAC Day is next Thursday and many employers are considering the option of allowing employees to swap public holidays for various reasons, whether it be to accommodate personal beliefs or to recognise culturally significant events.

However, before implementing, it’s crucial to understand the legal considerations involved. Here’s what you need to do:

1. Consider Awards and Enterprise Agreements:
For employees not covered by modern awards or enterprise agreements, the substitution of public holidays is typically a matter of mutual agreement between the employer and employee.
In cases where awards or agreements do apply, employers must ensure that provisions exist permitting the substitution of public holidays and adhere to those terms.

2. Gain Employee Consent:
Employers cannot enforce their values on employees regarding the substitution of public holidays. Employees must agree to any proposed swaps voluntarily. Employers need to emphasise that the decision to swap public holidays is ultimately up to the employee and will be respected, fostering an environment of autonomy and inclusivity.

3. Promote Employee Choice:
Employers should refrain from exerting undue influence or pressure on employees regarding their holiday choices. Avoid making statements that could be interpreted as coercive or judgmental.

4. Avoid Adverse Action:
Employees who choose to swap or not to swap public holidays should not face any negative consequences or discrimination as a result of their decision.

5. Consider Reasonable Requests for Work:
While employees are generally entitled to be absent from work on public holidays, there may be circumstances where employers can request employees to work if deemed reasonable.

A recent decision by the Federal Court confirms that requiring employees to work on public holidays without consultation is a breach of the Fair Work Act.

That means you can’t force employees to work on public holidays. So, what does this mean for those who need employees to work on public holidays?

Any request to work on a public holiday must provide employees with an opportunity to consider and refuse the request, with factors such as personal circumstances and advance notice taken into account.

???? Firstly, you must ask your employees if they are willing to work on a public holiday;
???? You must also inform your employees that they have the right to say no;
???? After discussing or negotiating, you can require your employee to work on a public holiday if the request is reasonable, and their refusal is unreasonable.

Remember, requests to work on public holidays should be the start of a conversation, not the end. This ensures that all parties involved are clear on the terms and conditions of the request.

If you have any questions or concerns about this recent development, please don’t hesitate to contact us. We’re here to help!