As the holiday season approaches, a recent Federal Court decision against BHP highlights the importance of inviting employees to work on public holidays. Employers must offer the opportunity on each occasion, regardless of what an employment contract or workplace policy states.

Federal Court Justice Darryl Rangiah found that BHP Operations Services breached workplace laws by automatically rostering 85 workers at its Daunia Mine in Queensland on Christmas and Boxing Day without asking for their consent.

The judgment makes clear that employers cannot compel staff to work public holiday shifts without giving them a genuine chance to refuse. Although the employees’ contracts allowed BHP to require work on public holidays, the company did not provide them the option to decline on reasonable grounds, according to the Mining and Energy Union.

This is the first ruling of its kind following a 2023 judgment confirming that employees’ consent must be sought before assigning public holiday work, regardless of contract terms. The requirement applies across all sectors of the economy.

This case highlights the balancing act between respecting employees' personal needs and meeting the operational requirements of an employer.

As always, it pays to check before making a decision that could become costly to your business.

IR Support

Full Cotton Australia levy payers are entitled to a 15-minute IR consultation with Wayne Schwalbach from Employment Mediation Services (0447 935 416) to assist with workplace questions.