Festive season public holidays 2021/2022

10-November-2021

See the attached table for the public holidays for your state.

State

24 December

25 December

26 December

27
December

28
December

31 December

1
January 2022

3
January 2022

Qld 

Yes

Part day Christmas Eve

6:00 pm to 12 Midnight

Yes

Christmas Day

Yes

Boxing Day

Yes

Additional Christmas Day public holiday

Yes

Additional Boxing Day public holiday

No

Yes

New Year’s Day

Yes

Additional day for New Year’s Day

NSW  No

Yes

Christmas Day

Yes

Boxing Day

Yes

Additional Christmas Day public holiday

Yes

Additional Boxing Day public holiday

No

Yes

New Year’s Day

Yes

Additional day for New Year’s Day

ACT No

Yes

Christmas Day

Yes

Boxing Day

Yes

Additional Christmas Day public holiday

Yes

Additional Boxing Day public holiday

No

Yes

New Year’s Day

Yes

Additional day for New Year’s Day

Victoria No

Yes

Christmas Day

Yes

Boxing Day

Yes

Additional Christmas Day public holiday

Yes

Additional Boxing Day public holiday

No

Yes

New Year’s Day

Yes

Additional day for New Year’s Day

Tasmania No

Yes

Christmas Day

No

Yes

Additional Christmas Day public holiday

Yes

Substitute public holiday for Boxing Day

No No

Yes

Substitute day for New Year’s Day

South Australia

Yes

Part day Christmas Eve

7:00 pm to 12 Midnight

No

Yes

Boxing Day

Yes

Substitute public holiday

Christmas Day

Yes

Additional public holiday

Proclamation Day

Yes

Part Day New Year’s Eve

7:00 pm to 12 Midnight

No

Yes

Substitute day for New Year’s Day

WA No

Yes

Christmas Day

Yes

Boxing Day

Yes

Additional Christmas Day Public holiday

Yes

Additional public holiday

Boxing Day

No

Yes

New Year’s Day

Yes

Additional day for New Year’s Day

 

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 2020 (clause 25.2) 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 2020 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 shift work)
  • 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.

At Christmas, there are often competing priorities between business needs and personal circumstances. It is important for employees and employers to remember this and talk openly and respectfully to resolve any problems.