Business legal guide
Public Holiday Pay Australia
Public holiday work is not simply a compulsory roster entry. National-system employers must consider reasonable requests and refusals, and use the applicable award or agreement to determine pay.
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In short
Public holiday work is not simply a compulsory roster entry. National-system employers must consider reasonable requests and refusals, and use the applicable award or agreement to determine pay.
Content updated 25 October 2026 · Published by Envision Legal.
Can employees refuse to work on a public holiday?
Under the National Employment Standards, an employee may be absent on a public holiday. An employer may request work if the request is reasonable. An employee may refuse where the request is unreasonable or their refusal is reasonable. A contract clause saying public holiday work is required does not replace this assessment.
Relevant factors include the nature of the workplace and role, the employee’s personal circumstances and family responsibilities, whether work could reasonably be expected, employment status, additional payment and the notice given of the request or refusal.
Request, roster and record the decision
Give staff a genuine opportunity to respond to a request, consider their circumstances and keep a record. A blanket assumption that every employee has agreed to every public holiday can create problems. Check consultation and roster-notice requirements under the award or agreement as well.
Pay when the employee does not work
A non-casual employee is generally entitled to their base rate for ordinary hours they would normally have worked on that public holiday. This is not generally overtime, allowances, bonuses or penalty rates. Employees who do not normally work that day do not automatically receive an additional paid day. Casual employees generally do not receive payment merely because they are absent on a public holiday.
Pay when the employee works
The applicable award or enterprise agreement may provide penalty rates, minimum engagement periods, time off or additional leave. There is no universal “double time” or “triple time” rule for every Australian employee. Check classification, employment status, ordinary hours versus overtime and the applicable instrument.
Use the Fair Work Pay and Conditions Tool. For casual employees, confirm whether the published rate already includes casual loading.
Which state’s holiday applies?
Public holidays differ by state, territory and sometimes region. The relevant place where the employee is based for work matters; an employer’s head-office address is not a universal answer. Substituted holidays and part-day holidays need separate checks under the law and instrument.
Examples for employers
A salon with Monday closures should not assume a Monday public holiday creates an extra paid day for every employee. A logistics business requesting holiday shifts must consider reasonableness and safety as well as pay. A SaaS business with an on-call roster should check whether the instrument treats standby and actual work differently. These are checking points, not determinations of individual entitlement.
Check the contract before the next roster
Review ordinary hours, instrument coverage, public-holiday requests, salary set-offs and roster consultation. A salary clause cannot simply erase minimum entitlements. Our Sydney and Melbourne employer contract services are fixed-fee advisory services, not tribunal representation.
Official sources: Fair Work’s public holidays guide, not working on public holidays, public holiday penalty rates and Fair Work Act sections 114–116. Check system coverage first.
Frequently asked questions
Can an employer require public holiday work?
An employer may make a reasonable request. The employee may refuse if the request is unreasonable or the refusal is reasonable. The statutory factors and the employee’s circumstances must be considered.
Does everyone get double time on a public holiday?
No. Pay for work depends on the applicable award, enterprise agreement and other relevant terms. Check employment status, classification, hours and any minimum engagement rules.
Is a casual employee paid when not working on a public holiday?
Generally not merely for being absent on the holiday. For a non-casual employee, NES payment generally concerns ordinary hours they would normally have worked that day.
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