Working on public holidays

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

Awards, enterprise agreements and other 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.

Building and Construction Award

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 external-icon.png

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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 s.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.

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