s114: s 114 Allow absence on public holidays; request work only reasonably
An employee is entitled to be absent on a public holiday in the place where the employee is based; the employer may request work on a public holiday only if the request is reasonable, and the employee may refuse if the request is unreasonable or the refusal is reasonable, weighing the nature of the workplace and work, personal circumstances, whether the employee could expect the request, compensation through penalties or remuneration, the type of employment, the notice given by each side, and other relevant matters.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s114. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Public holiday rosters showing requests made with notice; Records of employee refusals and how they were handled; Public holiday calendar per work location including State and regional holidays
What usually goes missing
Employees rostered on public holidays as a requirement rather than a request; Refusals punished; Regional public holidays missed
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.