2020 Australia Day public holiday
The Australia Day public holiday is observed on Monday 27 January, NOT Sunday 26 January in all states across Australia.
Information about working on public holidays
Employers are advised to check the list of public holidays carefully – visit the Fair Work Ombudsman
You can also read about the substitution of public holidays by agreement
The Pastoral Award 2010 (clause 26.2(b)) allows employers and employees to agree to the employee taking another day as a public holiday instead.
Entitlements for working on a public holiday
If your business operates on a public holiday, employees who are covered by the Pastoral Award 2010 must be paid penalty rates
(double time) if they work on that day.
Non award employees (managers) are not entitled to penalty rates for work on public holidays.
Read more about public holiday pay rates (inc casual rates)
Entitlements for not working on a public holiday
The National Employment Standards provide for employees who do not attend work on public holidays to receive the base rate
of pay they would have received for ordinary hours of work as follows:
- -Full-time employees are entitled to a paid day off for public holidays.
- -Part-time employees are entitled to be paid for the hours they would normally work on public holidays. If they do not normally
work on the day of the public holiday they are not entitled to pay.
- -Casual employees are not entitled to pay for public holidays unless they are rostered for work on that day.
Can I require my employees to work on a public holiday?
You can request an employee to work on a public holiday, as long as the request is ‘reasonable’. An employee can refuse your request if the request is not reasonable or if the refusal is reasonable.
To decide whether a request or refusal is ‘reasonable’, you need to consider a number of things including:
- -the nature of the business and its operational requirements
- -the employees’ personal circumstances, including family responsibilities
- -the employee’s expectations about a requirement to work on the public holiday
- -whether the employee is entitled to penalty rates or other compensation for working on the public holiday
- -employee status (whether they’re full-time, part-time, casual or work shiftwork)
- -the amount of notice you gave them when asking them to work on the public holiday
- -the amount of notice given by the employee if they do not want to work on the public holiday.
It is important for employees and employers to remember this and talk openly and respectfully to resolve any problems.
What about penalty rates / public holidays on an Individual Flexibility Agreement (IFA)?
Remember, that if you are paying a flat rate per hour worked using an IFA and you have built public holidays into the Flat Pay Rate Calculator, then you do not have to pay the penalty rate for the public holidays worked.