In a recent decision by the Fair Work Commission, the Commission considered and amended clauses in various industry awards dealing with the treatment of compensation for working on public holidays.

The decision means that employers in the fast food, hospitality and beauty industries can now pay workers time in lieu for working on public holidays, provided that the employee grants consent to being paid out with extra time.

Deputy President Smith of the Fair Work Commission emphasised:

  • “To access the alternative there must be mutual consent and employees cannot be pressured into agreeing as that would not constitute genuine consent.”

The full decision by the Fair Work Commission in [2013] FWC 5369 can be found here.

To find out how Armstrong Lawyers may assist you in relation to your employment matter, feel free to browse our Employment Matters page.