Public Holiday Templates
23-065 | 24 April 2023
Relevant for Directors and CEOs
Member clubs are reminded that following a recent decision of the Full Court of the Federal Court of Australia*, when rostering for shifts to be worked on public holidays, clubs must “request” employees to work on a public holiday before requiring them to work on the relevant public holiday.
For further details regarding these changes, please refer to Circular 23-059.
Public Holiday Templates
ClubsNSW has prepared a suite of documents to assist clubs comply with this recent decision when seeking to roster staff over public holidays. These templates include a:
- Public Holiday Policy; and
- Working on Public Holidays Form.
Clubs can provide employees with the template Working on Public Holidays Request Form which allows them to indicate their availability for the public holidays and if not willing to work, outline reasons as to why they are refusing to work the relevant public holiday.
The ClubsNSW Workplace Relations team has also prepared an employment contract clause (below) that clubs can include in all employment contracts and issue for all new staff (and existing staff when new contracts are issued):
The [insert club name] operates as a hospitality venue and trades on public holidays. The Club may request you to work on a specific public holiday. If you refuse and your refusal is deemed unreasonable then the Club may require you to work on the relevant public holiday, if the Club’s request is reasonable.
Once the policy is issued, it is advisable for clubs to release a memo to all staff outlining that this public holiday change is now applicable to their employment (via the policy) and to direct them to contact appropriate members of the Club to raise any queries.
Get In Touch
If you need assistance with any of the above, the please contact the Workplace Relations team or ClubASSIST on 1300 730 001 or via enquries@clubsnsw.com.au.
*CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51