Working on public holidays

Employees get paid at least their base pay rate for all hours worked on a public holiday.

Awards or registered agreements can provide entitlements for working public holidays, including:

  • extra pay (eg. public holiday rates)
  • an extra day off or extra annual leave
  • minimum shift lengths on public holidays
  • agreeing to substitute a public holiday for another day.

Find information about working on public holidays in your award by selecting from the list below.

Tell us more

*

* Please make a selection to find information tailored to you.

Show information tailored for me

You do not have javascript enabled. Please select your preferred industry from the links below, to view your tailored content for this section.

Requesting and refusing to work on public holidays

Employees don't have to work on a public holiday.

However, 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, (eg. family responsibilities)
  • whether the employee will get more pay (eg. penalty rates)
  • the needs of the workplace
  • the type of work the employee does
  • whether the employee's salary includes work on a public holiday
  • whether the employee is full-time, part-time, casual or a shiftworker
  • how much notice the employee was given about working
  • the amount of notice the employee gives that they refuse to work.

When requesting that an employee work on a public holiday, employers need to consider all relevant circumstances, including the ones listed above.

 

Source reference: Fair Work Act 2009 (Cth) sections 114 -116 external-icon.png

Think a mistake might have been made?

Mistakes can happen. The best way to fix them usually starts with talking.

Check out our Help resolving workplace issues section for practical advice on:

  • figuring out if a mistake has been made
  • talking to your employer or employee about fixing it
  • getting help from us if you can't resolve it.

Help for small business

Want to save this information for later?

If you might need to read this information again, save it for later so you can access it quickly and easily.

You might also be interested in

Page reference No: 1906