13/11/2025
🎄 CHOICE AND CONTROL… UNLESS IT’S CHRISTMAS DAY? 🎄
A new Federal Court ruling has confirmed that workers can now legally refuse to work on public holidays — even if their contracts say otherwise.
It’s a big win for fairness and work–life balance.
But for NDIS participants, it could mean something very different this Christmas. 🎅
Because if your support worker says no to Christmas or Boxing Day shifts… your “choice and control” might suddenly disappear.
No care. No backup. No one to help with meals, meds, or personal care — just because there’s no rostered staff.
People with disability don’t get a holiday from needing support.
Yet this ruling now makes it crystal clear that providers can’t compel staff to show up, even when essential supports are needed.
Providers must ask — not order — workers to work public holidays.
And if they say no (for family, religion, mental health, or any reasonable reason), that’s it.
💬 This isn’t about blaming workers. They deserve rest too.
But it shows how fragile our system really is — when one legal decision can leave participants without support at the most important, and often loneliest, time of the year.
Maybe it’s time the NDIS and Fair Work Commission looked at essential disability support as more than “just another job roster.”
Because Christmas care shouldn’t come down to luck, guilt, or who says yes.
🔹 Landmark legal win for workers as court announces major ruling about public holidays - and bosses are going to be upset
https://www.dailymail.co.uk/news/article-15281955/Landmark-legal-win-workers-court-announces-major-ruling-public-holidays-bosses-going-upset.html
📘 Official Fair Work Sources:
🔹 Fair Work Ombudsman – Not working on public holidays:
https://www.fairwork.gov.au/employment-conditions/public-holidays/not-working-on-public-holidays?
🔹 Fair Work Act 2009 – Section 114 (Right to refuse public holiday work):
https://www5.austlii.edu.au/au/legis/cth/num_act/fwa2009114/s114.html?
🔹 Fair Work Ombudsman – Rules and entitlements during end-of-year holiday season:
https://www.fairwork.gov.au/newsroom/news/rules-and-entitlements-during-end-year-holiday-season?