With the approaching Easter and Anzac Day public holidays, employers should be aware of the appropriate entitlements and other scenario dependant considerations which can include determining the ordinary pay rate for full-time employees, making sure RDOs don’t fall on a public holiday, the interaction between a period of paid leave and public holidays, substituting a public holiday for another day and the penalty rates under the relevant Award or applicable Enterprise Agreement.
The approaching public holiday dates are:
Friday, 15 April – Good Friday
Saturday, 16 April – Saturday before Easter Sunday
Sunday, 17 April – Easter Sunday
Monday, 18 April – Easter Monday
Monday, 25 April – – Anzac Day
- Ordinary Pay Rates and RDOs
Employees other than casuals who normally work on a day a public holiday falls will be paid their base pay rate for the ordinary hours they would have worked. This base pay rate does not include:
- incentive based payments;
- shift loadings;
- monetary allowances;
- overtime;
- penalty rates.
If a part-time employee normally works Monday to Wednesday each week, they wouldn’t be paid for the Good Friday public holiday.
Under the Electrical Award, specifically, if an RDO falls on a public holiday, employees are entitled to take the next day off instead. An employer and employee can also agree to take an alternative day off in the current or next work cycle. With the Clerks Award, an employee may also substitute their scheduled RDO for another day with the agreement of the employer or may work on that day at the relevant penalty rates and bank the RDO for future use.
- Public Holidays during a period of Leave
If a public holiday falls during a period of annual leave, employees must be paid for that day and not have those hours deducted from their annual leave balance. This will also apply if an employee is on paid personal leave on either side of a public holiday if it would be a day they would normally have worked.
Employees will not be paid for public holidays if they are on a period of unpaid leave, including unpaid parental leave.
- Rates for Working on a Public Holiday
Under the relevant Award, employees don’t have to work on a public holiday, but an employer can ask them to do so if the request is reasonable. Whether this is a reasonable request will depend on the company’s operational requirements, personal considerations of the employee, increased rates of pay, the type of work the employee does and the amount of notice given.
An employee required to work overtime on a public holiday must be paid a minimum of 4 hours at the appropriate penalty rate under the Electrical Award. Under the Clerks Award, an employee required to work on a public holiday is entitled to a minimum of 4 hours pay.
A shiftworker who works the major portion of their shift on a public holiday will be paid public holiday rates for that rostered shift.
The appropriate public holiday penalty rates are:
| Employee Classification | Electrical Award – Wage rates (as % of the ordinary hourly rate) | Clerks Award – Wage rates (as % of the ordinary hourly rate) |
| Full and part-time | 250% | 250% |
| Casual | 312.5% | 275% |
| Full and part-time continuous shiftworker | 200% | – |
| Casual continuous shiftworker | 250% | – |
| Full and part-time non-continuous shiftworker | 250% | – |
| Casual non-continuous shiftworker | 312.5% | – |
| Full and part-time shiftworker | – | 150% |
| Casual shiftworker | – | 175% |
- Other Considerations
Employers must check any applicable Enterprise Agreement to determine if other entitlements will apply for working on a public holiday. This can include accruing an extra day off, minimum shift lengths, or accruing additional annual leave.
Under the relevant Award, an employer and employee can agree to substitute a public holiday for another day.
If you have any questions on the above, please contact Constructive Employment Solutions at info@portal.businesssolutionshub.com.au or on 1300 445 687.
