As Australians, we love a well-deserved public holiday.
However, workers in many industries like hospitality and healthcare may have to work, while we enjoy a day off with our friends and families.
It’s important for those workers, particularly people engaged in casual or shift work, to check their entitlements to additional pay - or penalty rates - when working on public holidays.Especially now more than ever, with the costs of living and inflation rising that it is important to consider and confirm that you’re able to receive all your entitlements.
As reported by the Australian Bureau of Statistics (ABS), in over the past 12 months, all living cost indices have risen between 7.1 percent and 9.6 percent for all households, compared to a 7 percent annual increase in inflation.
Most employees who are rostered to work on public holidays may be entitled to public holiday entitlements such as extra pay. Different rates may be applicable on different days.
Anyone intending to work on public holidays should check their award or employment agreement to find out what level of increased pay they should receive on the various days.
Tips for anyone working on public holidays:
Most workers should be entitled to be paid penalty rates for any work performed on any gazetted public holiday.
Some workers may also be entitled to be paid for a minimum "shift", even if they work fewer hours on that day.
Workers should check their relevant Award or Enterprise Agreement to confirm that they are paid their full entitlement for working on these days.
If a worker believes they have not been paid correctly, they should contact the union that covers their industry or the Fair Work Ombudsman.
For a lot of casual workers, penalty rates for working weekends and public holidays are an important source of income.
Please also consider that public holidays are part of the National Employment Standards (NES) which applies to all employees covered by the national workplace relations system, regardless of any award, registered agreement or employment contract.
Also, employees do have the right to be absent from work on a day or part-day that is a public holiday. Employees are protected from adverse action for reasonably refusing to work on a public holiday, as stated on the Fair Work Ombudsman website.
Short-changing someone on their penalty rates, or just not paying them, is against the law.
Ensure your employer is meeting the requirements and providing you with your entitlements during Public Holiday trades.
Check what you're entitled to by visiting the Fair Work Ombudsman's website.
Or if you’d like to learn more about Employment Law potential rights and entitlements click here
Just entering the workforce and unsure what rights you have?
We’ve created this handy info page for you.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.
