With Australia Day fast approaching employers should be aware that the public holiday this year (2019) is on Monday 28 January NOT Australia Day (26 January).

Award employees working on 26 January should not be paid penalty rates.

Pastoral Award 2010 employees working on 28 January should be paid the penalty rate of double time. This applies to ALL award employees including part time employees and casual employees.

The National Employment Standards provide for all employees (including non-award 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 calculated at the base rate of pay for ordinary hours.

• -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.

Employees who are on IFAs which have incorporated public holidays into a flat hourly rate paid under the IFA do not receive penalty rates. Remember that you need to be able to show that you have incorporated this public holiday into the hourly rate.

The Pastoral Award 2010 (clause 26.2(b)) allows employers and award employees to agree to the employee taking another day as a public holiday instead.

Further information about requesting an employee to work on a public holiday is available here