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22 September 2026
Join us for a coffee chat with special counsel Jess Byrne from our insurance team and private client partner Scott Hay-Bartlem. ...

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Can employers require an employee to work on a public holiday?

In a major decision regarding the application of the public holiday provisions of the Fair Work Act, the Full Federal Court has found that terms of employment that require employees to work on a public holiday will not be consistent with the National Employment Standards. This is the case even in circumstances where an employer’s operations are conducted over 365 days per year and an employee’s remuneration includes compensation for the requirement to work on those days.

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Fair Work Commission confirms FBT payments are not earnings

In a recent decision, the Fair Work Commission has ruled that payments made on an annual basis by an employer to help reduce an employee’s fringe benefits tax liability are not counted as earnings. The decision resulted in the employee’s remuneration falling below the high-income cap and meant that it was open to the employee to pursue an unfair dismissal claim.

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