Your Public Holiday Questions Answered

On 11 September 2022, Prime Minister Anthony Albanese announced that on Thursday 22 September, Australians would have a “one-off public holiday” – a national day of mourning to commemorate Queen Elizabeth II.
 
Just a reminder that the National Employment Standards (NES) under the Fair Work Act provides an entitlement for employees to be absent from work on a day or part-day that is a public holiday. The NES protect an employee’s workplace right to reasonably refuse to work on a public holiday and will guarantee payment where an employee is absent from work because of a public holiday. This may be a problem for some businesses, noting the public holiday is just around the corner.

Can you force your staff to work on the public holiday?

In short, you need to ask yourself this question – does the business have reasonable business grounds to make a request?

What should you pay employees who are working on a public holiday?

You will need to pay your employees the public holidays rates found within your relevant Award or Agreement.

What should you pay employees who aren’t working on a public holiday?

You will need to pay your permanent employees their ordinary rate of pay for ordinary hours of work on that day or part day (noting this excludes incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, or any other separately identifiable amounts). However, if the public holiday falls on day an employee does not work, they are not entitled to the payment. Casual employees won’t receive payment if they haven’t been rostered to work.

Can you substitute the public holiday for another day?

If your business is covered under an Award or Agreement, you and your employees may be able to agree to substitute the public holiday for another day. Please note, however, you cannot exert undue influence or pressure on an employee in relation to agreeing to substitute a public holiday for another day or part-day.