Employers can often become confused about the rules surrounding public holiday work and with a number of state and national public holidays coming up, it is important for them to get it right. Employers should make themselves aware about what they can and can’t do in regards to public holiday work to avoid costly fines or consequences.
Public Holiday Payment
Payment for work on a public holiday is determined by the applicable modern award or enterprise agreement relevant to that employee. If an employee is award/agreement-free, then the payment for public holiday work is determined by the terms of the employee’s contract of employment.
Requirement to Work on a Public Holiday
The Fair Work Act (s114) states that an employer may request an employee to work on a public holiday if the request is reasonable. However, an employee can refuse to work on a public holiday if the request from an employer is unreasonable, or the refusal by the employee is reasonable. To determine whether a request or refusal of request is reasonable, the following must be considered:
- The nature of the employer’s workplace and the nature of an employee’s work
- An employee’s personal circumstances
- The type of employment – full-time, part-time, casual or shift work
- The amount of notice in advance of the public holiday given by an employer making a request
- The amount of notice given by an employee refusing to work on a public holiday
- Whether the employee could reasonably expect an employer to request them to work
- Whether an employee is entitled to receive overtime or other penalty payments
Rostered Day Off (RDO)
In some modern awards, there may contain a section which states that where a full-time employee’s ordinary hours are arranged to include an RDO and the day off falls on a public holiday, the employee is usually entitled to either:
- 6 hours of pay at the ordinary time rate
- 6 hours of extra annual leave, or
- A substitute day off on an alternative week day
For advice regarding public holiday work, please contact us on (08) 9316 9896 or firstname.lastname@example.org.