With the Easter break fast approaching, businesses and employers should be aware of the upcoming public holidays and their potential influence on operational efficiency regarding employee entitlements and remuneration.
Working on a Public Holiday
Award and Agreement covered employees
If your employees are covered by an Award or Agreement, the Award/Agreement generally provides the entitlements for when employees work on a public holiday.
Most Awards and Agreements provide that the employees working on a public holiday are entitled to:
- minimum shift lengths for working on a public holiday; and
- public holiday penalty rates; or
- an extra day off or extra annual leave; or
- agreement to substitute a public holiday for another day.
Therefore, the relevant clauses from the applicable Award or Agreement must be followed by
the employers to avoid any underpayment claims.
Award and Agreement-free employees
Unless stated otherwise under an employment contract, an employer and an award or agreement-free employee can agree that the employee will work on a public holiday. No public holiday penalties apply nor is there a requirement for the employer to provide another paid day off instead unless stated in the employee contract.
What if an employee does not work on a public holiday?
If an employee, whether full-time or part-time, is absent from work on a public holiday, their employer is required to pay them at the standard base rate for their regular working hours on that day. The base rate of pay excludes incentive-based payments and bonuses, loadings, monetary allowances, overtime rates, penalty rates, and any other individually specified amounts.
Part-time employees are not entitled to payment for public holidays that fall on days when they typically do not work. For example, if a public holiday occurs on a Friday and a part-time employee’s usual working days are Tuesday to Thursday, they would not receive payment for that Friday.
What if the employee is on leave during a public holiday?
Section 116 of the Fair Work Act 2009 (Cth) provides that employees who take annual or sick leave are still entitled to public holiday pay if the holiday coincides with a day they would typically work.
An employee is not paid for public holidays if they are on an authorised unpaid leave, such as unpaid parental leave.
When employees are on long service leave and a public holiday falls on a day they would typically work, their leave is often extended by the equivalent number of days. For example, if a New South Wales employee, who normally works Thursdays, Fridays and Saturdays, is on long service leave during Good Friday and Easter Saturday, their leave would be extended by two days.
This rule for long service leave applies in most states, except for South Australia and the Northern Territory.
Sometimes, employees may not attend work either the day before or after a public holiday (eg due to personal leave). No modern award contains terms which permit an employer to deduct payment for a public holiday where the employee is absent the day before or after the public holiday without reasonable excuse.
While an unauthorised absence may be grounds for taking disciplinary action, an employee would still be entitled to payment for a public holiday that falls on a day the employee normally works.
Rostered day off (RDO) on a public holiday
Some employees (full-time or part-time) may have an RDO that falls on a public holiday. Employers will need to check the relevant award or enterprise agreement to see if payment or other arrangements are required. Most Modern Awards contain a provision that an RDO that falls on the same day as a public holiday will either get an extra day’s pay, a substitute day off on an alternative weekday or an extra day of annual leave.
What to do if employees usually work a ‘Short Day’ Friday?
If an employee works four (4) eight-hour days and a shorter six-hour shift on a Friday, and a public holiday coincides with that Friday, they will receive six hours of pay, equivalent to their regular working hours for that day.
What if an employee refuses to work on a public holiday?
An employer can ask an employee to work on a public holiday, if the request is reasonable. An employee may refuse a request to work if they have reasonable grounds.
The following need to be taken into account when deciding if a request is reasonable:
- the employee’s personal circumstances (like their family responsibilities)
- whether the employee will get penalty rates or additional compensation that reflects the expectation to work on a public holiday
- the needs of the workplace
- the type of work the employee does
- whether the employee’s existing employment contract and salary includes work on a public holiday
- whether the employee is full-time, part-time, casual or a shift worker
- how much notice the employee was given about working
- the amount of notice the employee gives that they refuse to work.
- whether the employee could reasonably expect the employer might request work on the public holiday.
When requesting that an employee work on a public holiday, employers need to consider all relevant circumstances, including the ones listed above. If an employee refuses to work on the requested public holiday, they must explain their reasons for refusing the request. Otherwise, the refusal may not be considered reasonable, even if the employee has good reasons for not wanting to work.
What if my employee is working outside our state or region on a public holiday?
An employee is entitled to public holidays depending on where they are based for work and not on where they are working on the day of the public holiday.
Example: Jane’s job is based in Melbourne Victoria. She travels for work to Tasmania over the Easter break. Jane will be entitled to payment on Easter Saturday which is a public holiday in Victoria even though it is not a public holiday in Tasmania.
What public holidays remain for 2025?
Below are the upcoming Public Holidays in 2025 under the NES. Please note that there are other additional holidays under each State or Territory.
– Friday 18 April – Good Friday
– Monday 21 April – Easter Monday
-Friday 25 April – Anzac Day
– Thursday 25 December – Christmas Day
– Friday 26 December – Boxing Day
– any other day or part-day declared as a public holiday within a State or Territory.
You can find a full list of public holidays for each State and Territory on the Fair Work Ombudsman’s Public holidays page.
If you have any questions on public holidays or how they are paid for in accordance with a modern award, agreement or contract, please contact BetterHR’s experienced HR consultants, and qualified lawyers on 1300 659 563 or visit: Subscribe to BetterHR.
Happy Easter Break!
