Public holidays provide much-needed time off for rest, family, and reflection. But whether you’re rostered to work or enjoying the day off, it’s important to know your rights. Understanding what counts as a public holiday and what you’re owed if you work one ensures you’re treated fairly and paid correctly. Here’s a breakdown of your rights and entitlements regarding public holidays in Australia.
What Counts as a Public Holiday?
Public holidays are officially recognised days of national or state significance. Common examples include:
- New Year’s Day
- Australia Day
- Good Friday and Easter Monday
- Anzac Day
- Christmas Day and Boxing Day
- Labour Day and the Queen’s/King’s Birthday
Each state and territory may also declare additional public holidays. For example, Melbourne Cup Day in Victoria or the Royal Queensland Show Day in Brisbane.
Your Rights on Public Holidays
If you’re a full-time or part-time employee and a public holiday falls on a usual workday, you are generally entitled to:
- A paid day off, or
- Penalty rates if required to work
Casual employees may be entitled to higher hourly rates if working a public holiday, depending on the relevant award or enterprise agreement.
Can You Be Forced to Work on a Public Holiday?
No. Under the Fair Work Act, an employer cannot automatically require an employee to work on a public holiday.
They must:
- Request your agreement, and
- Consider whether that request is reasonable
You have the right to refuse, provided your refusal is reasonable. This includes factors such as family responsibilities, health, and personal commitments.
What Should You Be Paid?
Your award or enterprise agreement determines the exact pay rate for public holiday work. Typically, it includes:
- Penalty rates (up to double time and a half)
- Minimum shift lengths
- Alternative days off (known as time off in lieu)
Check your relevant award or talk to your union to confirm.
Issues to Watch Out For
Some common problems include:
- Being scheduled without consent
- Not receiving the correct penalty rates
- Casuals missing out on entitlements
Public holidays are not being observed correctly for part-timers or shift workers
If this happens, you have the right to raise it with your employer or get support from your union.
How Unions Help with Public Holiday Disputes
Unions play a vital role in enforcing public holiday rights. They can:
- Help check your pay and entitlements
- Assist with disputes over rostering or penalty rates
- Negotiate better conditions in enterprise agreements
Public Holidays Are a Right, Not a Perk
Public holidays exist to recognise important national values and to ensure workers get rest and respect. You shouldn’t be pressured to work or underpaid for doing so.
If you believe your rights are being ignored, reach out to your union or contact the Fair Work Ombudsman for advice. Fair treatment on public holidays helps build a fairer, healthier workplace for everyone.