Can employees and employers agree to make a different day a public holiday?
Yes, if their modern award or enterprise agreement provides a term that allows an employer and employee to substitute a public holiday for another day by agreement.
An award or agreement free employee and their employer may also substitute a public holiday for another day by agreement.
Depending on the terms of the modern award or enterprise agreement, the agreement for a substituted public holiday can be made between an employer and majority of employees, or an employer and an individual employee.
Where a public holiday has been substituted by another day by agreement between the employer and employee (or majority of employees), then the actual day will not be a public holiday but is replaced by the day agreed between the employer and employee(s).
What does an employee get paid if they work on a public holiday that has been substituted by agreement?
The terms of the modern award or enterprise agreement must be read carefully as it may address specific entitlements for work performed on the substituted or actual public holiday, or when work is performed on both days.