Based on what you've told us, it looks like you're covered by the Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089].
An employee has to be paid public holiday rates for all time worked on a public holiday.
The exceptions are when an employee in the vehicle manufacturing sector starts work:
- at 10.45pm or between 10.45pm and midnight on a public holiday - they don't get paid public holiday rates for that shift
- 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.
When an employee in the vehicle manufacturing sector ends a shift on a public holiday and starts another shift on the same public holiday, they only get paid public holiday rates for the shift that has the major portion on the public holiday.
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 (other than a shiftworker) works on a public holiday they have to be paid for a minimum of:
- 1 hour plus the time spent travelling to and from work at public holiday rates for employees who:
- are maintenance employees in the vehicle manufacturing sector and
- maintaining the continuity of electric light or power
- 4 hours at public holiday rates for all other maintenance employees in the vehicle manufacturing sector
- 4 hours for drafting, planning and technical employees.
Check the Vehicle Award for the minimum daily hours when working overtime on a public holiday.
For the minimum daily hours for other employees in this award, go to Hours of work.
Substituting public holidays
An employer and an employee or 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.
Check the Vehicle Award for other entitlements that can apply when working a public holiday.
To find out more about who this award applies to, go to the Vehicle Award summary.
Source reference: Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089] clause 32 and 42.2