Home About Our Blog What is and what is not a public holiday?

 

Australia has national public holidays, which are New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Christmas Day and Boxing Day. These days are public holidays no matter what state of Australia you are in.  

 

You will note that Easter Saturday is not included as a national public holiday, however it is a public holiday in NSW, ACT,NT,QLD, SA and VIC. 

 

 

Many employers have argued with me, when I have highlighted the need to pay penalty rates on Easter Saturday. They argue that it is not a public holiday, but unless you are in Tassie or WA, it is.

 

It is all about being fair to your workers and protecting your business from claims and understanding the law, so you can make informed and smart business decisions.

 

If you are opening on a pubic holiday, what rights do you workers have to refuse to work and what can you do about it?

 

The Fair Work Act gives the right to employers to make reasonable requests to an employee to work on a public holiday. 

 

The employee is also provided the right to refuse a request to work on a public holiday if:

 

The Fair Work Commission would assess the nature of the workplace, the nature of the work performed by the employee and how much notice the employee has been given, in regards to the need to work public holidays. 

 

They also take into account the employees family responsibilities and personal situation. Is there a general expectation for the workers in this type of business to need to work on a public holiday, and are the workers fairly and correctly remunerated for their work on public holidays?

 

When considering the rights of an employee to refuse to work the public holiday, the amount of notice given by the employee to the business is also deliberated upon.

 

As with all human resource advice, always act in a fair and reasonable manner, ensure fair consultation with workers and keep written records of notification, meetings and discussions.

 

If done correctly, you can have your egg and eat it too at Easter!

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