Public Holiday policy

Objective

This policy is written in accordance with the Fair Work Act 2009 (Cth) (the Act) and the Registered and Licensed Clubs Award 2020. Under the Act all employees are entitled to be absent from work on a public holiday. However, the Club can reasonably request employees to work on a public holiday if the request is reasonable. 

As Strathfield Sports Club ABN 67000001178 (the Club) services the community it is customary that the Club remain open for the community on public holidays. The Club must therefore roster an adequate number of staff to satisfy the Club’s operational needs.

The objective of this policy is the outline the process as to how employees may be requested by the Club to work on a public holiday. 

Definitions

Club means Strathfield Sports Club.

Public Holiday means:  

• New Year’s Day 
• Australia Day 
• Good Friday 
• Easter Saturday 
• Easter Sunday 
• Easter Monday 
• Anzac Day 
• King’s Birthday 
• Christmas Day  •             Boxing Day

any other day declared, prescribed or under the law of a State or Territory.

Requesting to work on a public holiday

In accordance with the Act, the Club may reasonably request employees to work on a public holiday if the request is reasonable. 

The Club will aim to release a draft roster Three weeks before a public holiday. In this draft roster, employees who are provisionally rostered for this period will be required to advise the Club whether there are available to work the relevant public holiday shift or if they refuse to do so (and to provide reasons for the refusal).  

In all cases, if an employee’s circumstances change after indicating whether they are available or unavailable to work a particular public holiday shift, the employee must notify their relevant manager or supervisor in writing as soon as reasonably possible, and with a minimum of 21 days’ notice prior to the actual public holiday shift.

Note: A refusal does not automatically mean the employee will not be required to work that particular public holiday.  Similarly, an acceptance to work does not mean a shift will be offered on the public holiday.

Refusing to work on a Public Holiday

If an employee is requested to work on a public holiday they may refuse to work – however the Act requires them to provide a reasonable explanation as to their reason for the refusal to work on the relevant public holiday. 

The Club will then determine whether to the refusal to work on the public holiday is reasonable or not. The Club may seek additional information or evidence from the employee regarding their refusal. 

What is considered as reasonable?

In determining whether a request or a refusal of a request, to work on a public holiday is reasonable, factors that may be taken into account by the Club include, but are not limited to: 

• the nature of the Club’s workplace (including its operational requirements), and the nature of the work performed by the employee;
• the employee’s personal circumstances, including family responsibilities; 
• whether the employee could reasonably expect that the Club might request work on the public holiday; 
• whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday; 
• the type of employment of the employee (for example, whether full-time, part-time or casual); 
• the amount of notice in advance of the public holiday given by the Club when making the request;
• the amount of notice in advance of the public holiday given by the employee when refusing the request; and
• Any other relevant matter. 

Employees that unreasonably refuse to work on a public holiday may still be required to work their rostered shift. 

Review of the Policy

This policy may be amended or replaced at any time. If necessary, further changes and actions may be introduced.

Disclaimer

This policy does not form part of an employee’s contract of employment. 

Scope

This policy applies to all Club employees including casual, part-time and full-time.

Failure to work on a rostered Public Holdiay shift

If an employee is rostered to work a particular public holiday and their refusal is held to be unreasonable, the employee will be required to attend their rostered shift.

If the refusal has been assessed as unreasonable, attendance at a rostered shift is a reasonable direction by the Club. Therefore, a failure to do so may result in disciplinary action against the employee, up to and including termination of employment.