14 Aug EKKA SHOW HOLIDAY- WHAT DOES THIS MEAN FOR YOUR BUSINESS
With the Ekka show holiday just around the corner for Brisbane, it is an important time to remember what obligations employers owe employees who would normally work on a public holiday.
The National Employment Standards (“NES”) provide an entitlement for employees to be absent from work on a public holiday, without loss of pay. The NES also protects an employee’s workplace right to reasonably refuse to work on a public holiday.
In determining whether refusal of such a request (or a request itself) to work on a public holiday is reasonable, the following must be taken into account:
1. the employee’s personal circumstances;
2. whether the employee could reasonably expect the employer might request for them to work on the public holiday;
3. the nature of the workplace (including its operational requirements) and the nature of the work performed by the employee;
4. the type of employment (for example, full-time, part-time or casual);
5. the amount of notice given by the employer in advance of the public holiday when making the request;
6. the amount of notice given by the employee in advance of the public holiday refusing the request; and
7. any other relevant matter.
If an employee is required to work on a public holiday, they should be paid the appropriate public holiday penalty rates. This is normally specified in the Modern Award, Enterprise Agreement or other registered agreement applicable to the employee’s employment.
Whilst the Ekka show holiday affects the Brisbane area only, other districts have show days as well. Be sure to check when your area has a show holiday.
If you have any questions about public holidays, contact the team at HR Law today.