The NES provides an entitlement for employees to be absent from work on a day or part-day that is a public holiday and to be paid for any of the employee’s ordinary working hours which fall on the holiday.
Employers can request n employee to work a public holiday if the request is reasonable. In determining whether a request (or a refusal of such a request) to work on a public holiday is reasonable, the following must be taken into account:
- the nature of the employer’s workplace (including its operational requirements) and the nature of the work performed by the employee
- the employee’s personal circumstances, including family responsibilities
- whether the employee could reasonably expect that the employer might request work on the public holiday
- whether the employee is entitled to receive overtime payments, penalty rates, additional remuneration or other compensation that reflects an expectation of work on the public holiday
- the type of employment (for example, full-time, part-time, casual or shiftwork)
- the amount of notice in advance of the public holiday given by the employer when making the request
- the amount of notice in advance of the public holiday given by the employee in refusing the request
- any other relevant matter.
If an employee is absent from work on a day or part day that is a public holiday, the employer must pay the employee (other than a casual employee) the base rate of pay for the employee’s ordinary hours of work on that day or part-day. The base rate of pay to be paid excludes incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, or any other separately identifiable amounts.
Modern awards and enterprise agreements generally have penalty rates and minimum engagement periods that specifically apply for employees engaged to work on public holidays.
For more information: https://www.fairwork.gov.au/employment-conditions/public-holidays