Based on what you've told us, it looks like you're covered by the Restaurant Industry Award 2010 [MA000119].
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 25% loading on their ordinary pay rate and
- 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 is taken either:
- during the week of the public holiday, or
- within 28 days of the public holiday.
An employee being paid an annual salary must get paid time off or time added to their annual leave (that is equal to the time worked) if they work on a public holiday.
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 for full-time and part-time employees; and
- 2 hours for casual employees.
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.
Christmas Day substitute public holiday
A full-time or part-time employee who works on Christmas Day, when Christmas Day falls on a weekend and the day is not a prescribed public holiday will get:
- the Saturday or Sunday penalty loading
- an additional 25% loading on their ordinary pay rate for the hours they work on Christmas Day
- a substitute day.
Check the Restaurant Award for other entitlements that can apply when working a public holiday.
Restaurant Industry Award resources
We’ve made it easier for you to find information about your pay and entitlements under the Restaurant Industry Award. For more tailored information about your Award, visit our interactive tool.
We've got new and improved templates to help people in the Restaurant Industry. Try our interactive template tools.
To find out more about who this award applies to, go to the Restaurant Award summary.
Source reference: Restaurant Industry Award 2010 [MA000119] clause 28.1(c), 34.4 and 38