Public holiday rates are the increased pay rates that Australian employees receive for working on designated public holidays. These rates are typically set at 250% (double time and a half) of an employee’s base rate, though they can vary based on awards, enterprise agreements, or employment contracts. Public holiday rates compensate employees for working when most others have time off.

What are public holiday rates?

Public holiday rates are premium payments made to employees who work on nationally or regionally recognised public holidays in Australia. These enhanced rates of pay acknowledge the social and cultural significance of public holidays and compensate employees for working when most of the community is enjoying leisure time with family and friends.

Public holiday rates are higher than standard penalty rates for evenings, weekends, or overtime, reflecting the special nature of these designated days of public significance.

Legal framework

The entitlement to public holiday rates in Australia is governed by:

1. National Employment Standards (NES)
   The NES, contained in the Fair Work Act 2009, establishes the right to be absent from work on public holidays with pay (for permanent employees) and protections regarding work on public holidays. However, the NES does not specify the actual rate of pay for public holiday work.
   
2. Modern Awards
   Industry or occupation-specific awards define the public holiday rates applicable to covered employees. Most modern awards specify public holiday rates, typically at double time and a half (250%).
   
3. Enterprise Agreements
   Workplace-specific agreements negotiated between employers and employees may contain provisions regarding public holiday rates, which must leave employees better off overall compared to the relevant modern award.
   
4. Employment Contracts
   Individual employment contracts may specify public holiday rates, particularly for award-free employees, provided they meet or exceed any applicable minimum entitlements.
   

Public holidays in Australia

Australia has both national public holidays and additional state/territory public holidays:

National Public Holidays:

• New Year’s Day (1 January)
• Australia Day (26 January)
• Good Friday
• Easter Monday
• Anzac Day (25 April)
• King’s Birthday or Queen’s Birthday (varies by state/territory)
• Christmas Day (25 December)
• Boxing Day (26 December)

Additional State/Territory Public Holidays include:

• Labour Day/Eight Hour Day/May Day (varies by state/territory)
• Western Australia Day (WA)
• Picnic Day (NT)
• Melbourne Cup Day (VIC)
• Canberra Day (ACT)
• Adelaide Cup Day (SA)
• Royal Queensland Show Day (Brisbane area)
• Recreation Day (Northern Tasmania)

When a public holiday falls on a weekend, a substituted day may be declared as a public holiday, typically the following Monday.

Typical public holiday rates

Public holiday pay rates typically include:

1. For permanent employees (full-time and part-time):
   
   • Standard rate: 250% of the base hourly rate (double time and a half)
   • This is often broken down as 100% ordinary pay plus 150% loading
   • Some awards or agreements may provide for 200% (double time) plus an additional day off with pay
2. For casual employees:
   
   • Standard rate: 250-275% of the base rate
   • This typically includes the casual loading (usually 25%)
   • For example: 250% for the public holiday plus 25% casual loading, or a combined rate of 275%

Industry-specific variations

Public holiday rates can vary across different industries and awards:

Hospitality industry

Under the Hospitality Industry (General) Award:

• Full-time and part-time employees: 225% of the base rate
• Casual employees: 250% of the base rate (including casual loading)

Retail industry

Under the General Retail Industry Award:

• Full-time and part-time employees: 225-250% of the base rate
• Casual employees: 250-275% of the base rate (including casual loading)

Health services

Under the Health Professionals and Support Services Award:

• Full-time and part-time employees: 250% of the base rate
• Casual employees: 275% of the base rate (including casual loading)
• Shift workers may have different arrangements

Calculation examples

Example 1: Full-time retail employee

• Base hourly rate: $28.00
• Public holiday rate: 250%
• Calculation: $28.00 × 250% = $70.00 per hour
• For an 8-hour shift: $70.00 × 8 = $560.00

Example 2: Casual hospitality worker

• Base hourly rate: $25.00
• Casual loading: 25% (included in calculation)
• Public holiday rate: 250%
• Calculation: $25.00 × 250% = $62.50 per hour
• For a 6-hour shift: $62.50 × 6 = $375.00

Payment for non-worked public holidays

Permanent full-time and part-time employees who would ordinarily work on the day a public holiday falls are entitled to be paid their base rate of pay for their ordinary hours, even if they don’t work. This entitlement does not extend to casual employees, who are only paid for hours actually worked.

Example:

• Part-time employee regularly works Mondays and Thursdays, 8 hours each day
• If a public holiday falls on a Monday, they receive 8 hours of pay at their base rate without working
• If a public holiday falls on a Tuesday, they receive no additional payment as they wouldn’t ordinarily work that day

Right to refuse work on public holidays

Under the Fair Work Act, employees have the right to refuse to work on a public holiday if:

• The request is not reasonable, or
• The employee’s refusal is reasonable

Factors determining reasonableness include:

• The nature of the workplace and the employee’s role
• The employee’s personal circumstances
• Whether the employee could reasonably expect to work on the public holiday
• The amount of notice given
• The type of employment (full-time, part-time, casual, etc.)

Alternative arrangements

Some modern awards and enterprise agreements allow for alternative arrangements regarding public holiday work:

1. Time Off in Lieu (TOIL)
   Some agreements allow employees to take time off instead of receiving the public holiday penalty rate, typically at a rate of one hour worked equals 1.5-2.5 hours of time off.
   
2. Averaged or “Rolled-Up” Rates
   Some enterprise agreements may incorporate public holiday payments into a higher overall base rate of pay. However, this arrangement must leave employees better off overall compared to the award.
   
3. Substitution of Public Holidays
   By agreement between an employer and the majority of employees, a public holiday may be substituted for another day.
   

Frequently asked questions

Do part-time employees receive public holiday pay?

Yes, part-time employees are entitled to payment for public holidays that fall on days they would normally work, even if they don’t work on the day. If they do work, they receive public holiday rates.

Can an employer force me to work on a public holiday?

An employer can request that you work on a public holiday, but you have the right to refuse if the request is unreasonable or your refusal is reasonable. However, what constitutes “reasonable” depends on various factors including the nature of your work.

How do public holiday rates apply for shift workers?

For shift workers whose shifts span midnight, the public holiday rate applies to hours worked on the actual public holiday. If a shift starts on a public holiday and continues into the next day, only the hours worked on the public holiday attract the higher rate.

Are you paid public holiday rates if you’re on annual leave?

No, if you’re on annual leave during a public holiday, the day is counted as a public holiday, not as annual leave. You receive your ordinary pay for that day (not public holiday rates), and the day is not deducted from your annual leave balance.