The employer’s guide to public holidays in Australia

As an Australian employer, it’s vital to know when public holidays in your state and territory fall.

In order to be compliant, you need to be aware of your legal responsibilities and the key factors affecting the management of your employees during these public holidays.

What is a public holiday?

Australian public holidays come within the scope of the National Employment Standards (NES).

They can be taken by all employees covered by the national workplace relations system, regardless of awards, enterprise agreements, or employment contracts.

It’s important for you as an employer to be up to date on public holidays because it affects more than just your business opening hours or roster for the day.

For example, different pay and entitlements may apply to certain employees on public holidays, you may work in an industry that requires your doors to stay open on public holidays, and your employees stationed in different parts of the country may have questions about which public holidays apply to them.

So, let’s dive in.

What are the public holidays in Australia?

All Australian employees have the legal right to time off for public holidays and they shouldn’t face negative repercussions for reasonably refusing to work during a public holiday.

The range of public holidays that fall under the NES are:

• 1 January (New Year’s Day)

• 26 January (Australia Day)

• Good Friday

• Easter Monday

• 25 April (Anzac Day)

• King’s birthday holiday (differs between states and territories)

• 25 December (Christmas Day)

• 26 December (Boxing Day)

• Plus, any other day or part of a day declared as a public holiday within a state or territory

Certain states or territories may opt to substitute Australian public holidays for different days of the week.

For example, if New Year’s Day were to fall on a weekend an additional public holiday may be declared on the following Monday. Awards or registered agreement may provide for an employer and employee to agree to these substitutions.

Australian state and territory governments set specific public holidays for regional events, including:

• Royal Hobart Regatta - Second Monday in February (only observed in certain areas of Tasmania)

• Canberra Day - Second Monday in March

• Reconciliation Day - First Monday after or on 27 May

• Western Australia Day - First Monday in June

• Picnic Day - First Monday in August

• Royal Queensland Show - The 6th day of the Show in August (Brisbane area only)

• Friday before the AFL Grand Final - September

• Labor Day - A Monday in March, May, or October depending on the state or territory

• Melbourne Cup - First Tuesday of November

Your public holiday responsibilities as an employer

As mentioned, Australian public holidays are more significant than just making sure your shifts and rosters accommodate for the changes.

Employers need to make sure:

Employees receive their accurate pay entitlements

Employees who would ordinarily work on the day the public holiday falls but now get the day off need to be paid their base rate. This base rate won’t need to include penalty rates, overtime, or bonuses as they won’t be working on the day.

If an employee is working the public holiday, the award or other registered agreement that applies to them can provide them with certain entitlements. This may include extra public holiday pay rates, an extra day of annual leave, minimum shift lengths on public holidays, or a substitute public holiday day.

Paid/unpaid leave and public holiday entitlements

If a public holiday falls within an employee’s period of annual leave, the public holiday hours should not be deducted from their annual leave balance. The employee should also be paid as normal if the public holiday falls on a day they would ordinarily be working.

However, if an employee is on unpaid leave they generally will not be paid for any public holidays that fall during this period.

Managing employees working on a public holiday

Employees are entitled to the public holiday calendar of where they are based for work and not where they may find themselves on any given day. For example, if your company is based in Melbourne and your employee travels to New South Wales for work in November. They are entitled to take the Melbourne Cup public holiday despite not being in Melbourne on the day.

Some employees may be asked to work on a public holiday, when such a request is reasonable. Employees may also refuse the request to work, provided that they have reasonable grounds to do so.

These factors should be taken into account when requesting an employee to work on a public holiday or considering whether an employee’s refusal to work on a public holiday is reasonable:

• The nature of the workplace and the employee’s role

• The employee’s personal circumstances and household responsibilities

• The employee’s eligibility for overtime payments, penalty rates or other extra payments

• The employee’s working status(full-time, part-time, or casual)

• The amount of notice given in making and/or refusing the request

Steps should be taken to ensure fair rostering and the handling of employee requests for time off under Australian laws.

BrightHR’s staff holiday planner can help you save time and balance rapid changes to your schedule with a centralised calendar and instant notifications keeping your staff informed.

It will also flag holiday clashes, so you can make informed decisions when approving or denying holiday requests in an instant. You can look forward to boosting employee happiness with a system that’s as easy for them as it is for you.

Get help with employer and employee public holiday entitlements and obligations

It’s crucial to be aware of the public holidays that apply both across the Australian nation and within the separate states and territories. You must grant such holidays according to the NES and legislation such as the Fair Work Act 2009. Failure to do this will inevitably lead to staff dissatisfaction, with the potential for legal action and disputes.

You can ensure that you meet your obligations for the management of Australian public holidays with BrightHR. Accounting for the full range of Australian public holidays and giving you access to 24/7 employment relations advice, we offer everything that you need to make staff holiday management a breeze.

Get set for super-easy holiday planning with your free BrightHR demo.