Public holiday rostering. What employers need to know.

What employers need to know when rostering staff on public holidays

As we move into 2026, HR teams and business leaders are turning their attention to Australia Day in January and Easter in April, as key public holidays that impact staffing and operational planning. 

Cold chain logistics, hospitality, healthcare, emergency services, and 24/7 operations all need robust rosters. But recent legal precedents have shown that rostering employees to work on public holidays is no longer as simple as pressing a button to publish a roster.

The legal background remains firm

The Full Federal Court’s landmark ruling in CFMMEU v OS MCAP [2023] FCAFC 51 confirmed that:

• Employers must formally request that employees work on public holidays;
• Simply publishing a roster and allocating an employee to the shift alone does not meet this legal requirement; and
• Employees retain the right to reasonably refuse such requests under section 114 of the Fair Work Act 2009.

This position was reaffirmed by the High Court’s refusal to grant OS MCAP (a labour hire division of BHP) special leave to appeal the Federal Court’s decision in late 2025. 

What public holidays are approaching

Australia Day

• Monday, 26 January 2026.

A national public holiday, this year creating a long weekend for NSW and other states.

Easter Weekend

• Good Friday: 3 April 2026
• Easter Saturday: 4 April 2026 (except in Tasmania and WA)
• Easter Sunday: 5 April 2026 (except in Tasmania))
• Easter Monday: 6 April 2026

Seven tips for Rostering Public Holidays

1.    Early Engagement
As soon as public holiday period rosters are considered, discuss availability, preferences, award conditions, and operational needs with all staff.

2.    Request, Don’t Impose

• Turn proposed rosters into formal requests: invite employees to work on Australia Day or Easter public holidays, with flexible wording that allows acceptance or refusal.
• Provide reasonable notice (e.g. minimum 2-4 weeks) so staff have time to assess personal commitments.

3.    Volunteer Approach First

Ask who wants to work public holidays. Prioritise volunteers before resorting to broader requests.

4.    Record Clear Agreements

• Keep written logs: emails, forms, rosters with signed acceptance.
• Avoid assuming that silence equals consent. Ambiguity could become legally problematic.

5.    Handle Refusals with Care
Evaluate every refusal against s 114(4) of the Fair Work Act, considering: 

• nature of the work and workplace
• personal/family circumstances
• timing of the request
• applicable penalty rates
• type of employment (full-time, casual, shift)

Unless a refusal is unreasonable, employees retain the right to decline. 

6.    Finalise Rosters Only After Agreement
After all requests and responses are in, publish the final roster. Ensure no one is later deemed to have been "required" without due process.

7.    Policy or Procedure Ready
Develop internal guidelines that:

• Define the request/refusal process
• Specify timelines, notification forms, escalation paths
• Ensure consistent management across teams and public holidays

Why This Matters Now

With Australia Day on a Monday in late January and Easter forming a four-day weekend in April, many organisations experience peak demand or perform critical operations at these times. However, non-compliance with s 114 of the Fair Work Act can bring:

• Breaches of the National Employment Standards
• Penalty risk orders and fines
• Employee grievances and disputes
• Reputational damage

By integrating the request-based approach into your 2026 planning, you reduce legal risk, maintain workforce goodwill and gain operational predictability.

Final Takeaways

• Rostering ≠ Requesting: A shift on a roster is not a lawful request.
• Timing matters: Seek employees’ consent well ahead of time.
• Document thoroughly: Capture both acceptance and reasonable refusal.
• Stay consistent: Apply the same policy for Christmas, Australia Day, Easter and beyond.

By starting early, engaging openly, and legally securing working arrangements, your business can manage public holiday staffing efficiently, and in full compliance.