The recent ruling by the Federal Court that the National Employment Standards require employers to ask workers if they want public holidays will have ramifications for aged care employers.
The United Workers Union, which represents aged care workers, among others, told members before the Easter break they have “the right to be absent from work on a public holiday,” the Australian Financial Review has reported.
“Your employer CANNOT simply put your name on the roster and assume you will work,” a brochure said, with a slip attached that workers could use to indicate their refusal to work, the AFR revealed.
Australian Nursing and Midwifery Federation (ANMF) Federal Secretary Annie Butler said not being asked if workers want to work on public holidays has not been a major issue for the union.
“Clearly, the 24/7 nature of the major settings in which many ANMF members work renders it reasonable for employers to ensure staffing on public holidays, along with all other non-business hours times,” Annie told the AFR.
“What the decision does highlight and re-emphasise for ANMF members is the need for adequate consultation on rosters and for rosters to be developed with enough time to do this adequately,” she said.
The judgement can be read in full here.
