In addition to the specified national public holidays in the National Employment Standards (NES), State and Territory governments can also specify other public holidays. These can apply throughout the State or Territory, or only in a specific region.
A State or Territory government can also substitute another day for the public holiday. For example if a public holiday falls on a weekend, a State or Territory government may either declare a ‘substitute day’ for the public holiday, or declare an ‘additional day’ to the public holiday.
What is the difference between a substitute day and an additional day?
- Substituted public holiday - If a public holiday is substituted, then the substitute day is regarded as the public holiday. This substitute day is the only one that attracts the relevant penalty rates for working on public holidays (subject to the industrial award / agreement / contract that applies)
- Additional public holiday - The actual public holiday and the additional day are both public holidays and both days attract the relevant penalty rates for working on public holidays (subject to the industrial award / agreement / contract that applies).