Based on what you've told us, it looks like you're covered by the Building and Construction General On-site Award 2010 [MA000020].
An employee has to be paid public holiday rates for all time worked on a public holiday.
The exceptions are when a shiftworker working in the civil construction sector starts work:
- between 11pm and midnight on a public holiday - they don't get paid public holiday rates between 11pm and midnight
- before midnight (eg. starts at 11pm) on the day before a public holiday - they get paid public holiday rates for the hours worked on the day before the public holiday.
A shiftworker who works the major portion of their shift on a public holiday will be paid public holiday rates for that rostered shift.
To calculate public holiday pay rates, use our Pay Calculator.
Minimum hours on public holidays
Regardless of how long they actually work, when an employee works on a public holiday they have to be paid for a minimum of 4 hours of work at public holiday rates.
Minimum hours on part-day public holidays
Minimum shifts or payments usually mean that an employee is entitled to be paid for a minimum number of hours per shift, even if they don't work the full shift.
This will usually apply for every time an employee attends work, even if a shift is spread across a public holiday and a non-public holiday.
Substituting public holidays
An employer and a majority of employees 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 only paid on the substitute day.
To find out more about who this award applies to, go to the Building and Construction Award summary.
Source reference: Building and Construction General On-site Award 2010 [MA000020] clause 34.2(l), 37.9 and 41