Shifts worked over 2 days where 1 of the days is a public holiday
Does an employee get public holiday rates for the whole shift?
Unless the award, or registered agreement says otherwise, employees only get public holiday rates for the time worked on the public holiday. Time worked on the non-public holiday is paid at the usual rate that would apply for the hours worked.
Example
Joseph works full-time in a night club. He is covered by the Restaurant Award.
This year Australia Day is on a Tuesday. He works on Australia Day from 6pm until 2am the next morning.
Joseph is paid:
- public holiday rates for time worked from 6pm to midnight on Australia Day
- his base pay rate plus a 15% early morning penalty from midnight until 2am on Wednesday.
Does an employee get the minimum shift length or payment on each day?
No.
Some awards or registered agreements have minimum shift lengths or payments when working on public holidays.
Unless the award or registered agreement says otherwise, employees are only entitled to these once per shift. In other words, the minimum shift length or payment doesn't apply on each day of the shift.
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