WORKPLACE RELATIONS ACT 1996 - SECT 613 Reasonableness of refusal

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 613

                   In determining whether an employee has reasonable grounds for refusing a request to work on a public holiday, regard must be had to:

                     (a)  the nature of the work performed by the employee; and

                     (b)  the type of employment (for example, whether full‑time, part‑time, casual or shift work); and

                     (c)  the nature of the employer's workplace or enterprise (including its operational requirements); and

                     (d)  the employee's reasons for refusing the request; and

                     (e)  the employee's personal circumstances (including family responsibilities); and

                      (f)  whether the employee is entitled to additional remuneration or other benefits as a consequence of working on the public holiday; and

                     (g)  whether a workplace agreement, award, other industrial instrument, contract of employment or written guideline or policy that regulates the employee's employment contemplates that the employer might require work on public holidays, or particular public holidays; and

                     (h)  whether the employee has acknowledged or could reasonably expect that the employer might require work on public holidays, or particular public holidays; and

                      (i)  the amount of notice in advance of the public holiday given by the employer when making the request; and

                      (j)  the amount of notice in advance of the public holiday given by the employee in refusing the request; and

                     (k)  whether an emergency or other unforeseen circumstances are involved; and

                      (l)  any other relevant factors.