When it comes to public holidays, business owners have the responsibility of getting it right. When determining workplace entitlements that apply on public holidays employers should refer to the terms of the relevant industrial instrument (i.e. award, agreement or employment contract) and the National Employment Standards under the Fair Work Act 2009.

Australian public holidays

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Under the National Employment Standards (NES), the following days are public holidays depending on your state or territory:

• 1 January (New Year’s Day)
• 26 January (Australia Day)
• Good Friday
• Easter Monday
• 25 April (Anzac Day)
• King’s birthday holiday (celebrated on different days for each State or Territory or a region of a State or Territory)
• Labour Day
• 25 December (Christmas Day)
• 26 December (Boxing Day)
• Any State or Territory (or a region of a State or Territory) specific public holidays.
• Country area show days.

Requests

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Employers can ask their staff to work on public holidays if it is required, however, an employee can refuse the request if it considered unreasonable.

Fair Work Australia reminds business owners to decide if the request is reasonable by considering:

• the nature and needs of the workplace
• the employee’s personal circumstances
• whether the employee will get more pay
• the type of work
• whether their salary includes work on a public holiday
• their employment status (full-time, part- time, casual, etc.)
• how much notice is given
• the notice an employee gives when refusing to work on a public holiday.

Pay on public holidays

Most employees are entitled to penalty rates for working on a public holiday, these are set by the award or enterprise agreement the employee is under. Some awards and agreements allow staff and employers to agree to substitute the public holiday for a different day, get time in lieu or accrue ADOs.

When a public holiday falls on a day or part- day that an employee would usually work, you must pay the employee their base rate of pay for their ordinary hours of work.

Other considerations

Public holidays that fall on an employee’s paid leave do not get treated as annual leave; the day is still treated as a public holiday and the employee must be paid at least their base rate of pay for the day.

Seek advice

If you unsure about public holidays pay rates or entitlements, please refer to the relevant awards. Find my award, is a useful link to determine the relevant award. If you are unsure, please check contact your accountant or business advisor on 02 4923 4000.