12/12/2025
๐๐๐ ๐๐๐ ๐๐ ๐
๐๐๐๐๐ ๐๐ ๐๐๐๐ ๐๐๐๐ ๐๐๐๐๐๐๐๐๐ & ๐๐๐ ๐๐๐๐?
Whether you're an employee counting down the days until your break, or an employer trying to keep a business open over Christmas โ what are the rules about working these holidays?
And if your workplace shuts over the holiday period, can you or your staff be made to use up leave?
Here's what the law says.
๐๐จ ๐ ๐ก๐๐ฏ๐ ๐ญ๐จ ๐ฐ๐จ๐ซ๐ค ๐จ๐ฏ๐๐ซ ๐๐ก๐ซ๐ข๐ฌ๐ญ๐ฆ๐๐ฌ?
Your boss must ask you.
If you're an employee, you have a legal entitlement not to work on a public holiday. If your boss asks you to work, you can say no if you have a reasonable reason to refuse the request.
The employer's request for you to work also has to be reasonable โ for instance, if they're running an emergency room, which needs to be open 24/7. But the employee's personal circumstances are relevant too.
There was an important court ruling about this earlier this month.
Mining giant BHP was ordered to pay 85 miners $A84,000 in compensation, after it made them work Christmas and Boxing Day in 2019 without giving them a chance to say no.
Among the miners forced to work was a single mother without family help, who said she had to go to "demeaning and heartbreaking" lengths to find a babysitter for her two daughters, 11 and 15, on Christmas Day.
What that court case made clear is that rostering people on, then expecting or even suggesting that's the end of the matter, does not meet the requirements of the Fair Work Act.
If you're the employer, you need to have a conversation about it, or produce a draft roster, with employees given the opportunity to indicate if they would not like to work. You can't just roster and forget it.
Whether you're an employee counting down the days until your break, or an employer trying to keep a business open over Christmas โ what are the rules about working these holidays?