Based on what you've told us, it looks like you're covered by the General Retail Industry Award 2010 [MA000004].
An employee has to be paid public holiday rates for all time worked on a public holiday.
To calculate public holiday pay rates, use our Pay Calculator.
Alternative public holiday payments
Each time a full-time or part-time employee works a public holiday, they can agree with their employer to get one of the following, instead of the public holiday penalty loading:
- a day (or equivalent time) off with no loss of pay or
- an extra day (or equivalent time) to add to their annual leave.
If they choose time off with no loss of pay, the time off must be taken within 4 weeks of the public holiday, otherwise the time will be paid instead.
An employee has to be paid the public holiday penalty rate when no other agreement is made.
Minimum hours on public holidays
The Retail Award doesn't have specific minimum daily hours for public holidays.
For the minimum daily hours in this award, go to Hours of work.
Substituting public holidays
An employer and a majority of employees (including casuals) can agree to substitute a public holiday for another day.
If a public holiday is substituted, then the substitute day is regarded as the public holiday and penalty rates are paid on the substitute day.
However, where an employee works the actual public holiday and not the substituted public holiday they will still get paid public holiday rates on the actual public holiday.
If both days are worked, employees can elect to be paid public holiday rates for the actual public holiday or the substituted public holiday, but not both.
To find out more about who this award applies to, go to the Retail Award summary.
Source reference: General Retail Industry Award 2010 [MA000004] clause 29.4 (d) and 34