Federal Court makes huge change to Public Holiday work

A landmark ruling in the mining industry will have a positive impact on all workers, with employers no longer permitted to automatically roster staff on public holidays, regardless of any contract or agreement to the contrary.

The Federal Court has ruled that BHP's labor hire outfit had breached the Fair Work Act by requiring miners to work Christmas and Boxing Day. The court affirmed the National Employment Standards mandate that employers can only make reasonable requests to work public holidays instead of automatically rostering them on.

Industry groups have claimed the decision is going to have a detrimental impact on companies that rely on shift work and have slammed the increased burden on employers.

"The case demonstrates the unworkable complexity of our workplace relations system," said Australian Industry Group chief Innes Wilcox, arguing it was very common in a wide array of industries for employees to have to work on public holidays.

"It provides an example of our workplace relations laws leading to mistakes being made - even by Australia's largest employers and our courts - when determining precisely what is required by the laws."

"(The decision) could have really big implications for staff and industries that often keep going through public holidays like hospitality or healthcare," added 7NEWS Finance Editor Gemma Acton.

The judges said the decision helped address the increasing imbalance in the relationship between employers and employees.

"By virtue of this imbalance, employees will often feel compelled, and not understand, that they have the capacity to refuse a request that is unreasonable - or when their own refusal is reasonable," read the decision.

"The requirement that there be a 'request' rather than a unilateral command prompts the capacity for discussion, negotiation and a refusal."

While the decision admitted it may be "administratively burdensome" on BHP to request staff work Public Holidays and negotiate, "an employer never has complete certainty of operation regarding what it would like in the future to demand of its employees".

According to the decision, difficulties with staffing public holidays "is an ordinary predicament for any employer asking employees to work non-standard hours." 

BHP are currently weighing up the value of an appeal, though it appears unlikely.

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