Australian Public Holiday Pay Entitlements 2026: Complete Guide

Understanding the Fair Work Framework

The Fair Work Act 2009 establishes the foundation for public holiday entitlements in Australia. This legislation, administered by the Fair Work Commission and enforced by the Fair Work Ombudsman, sets minimum standards that apply to most Australian workers regardless of their industry or occupation.

Under the National Employment Standards, all employees are entitled to be absent from work on public holidays. For permanent employees, this absence is paid at their base rate of pay for ordinary hours they would have worked. This protection ensures workers don't suffer financial disadvantage simply because a public holiday falls on their normal working day.

The specific public holidays recognised under the Fair Work Act include New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, and Christmas Day, along with Boxing Day. Additional state and territory holidays also receive protection under the relevant state legislation.

Importantly, these are minimum standards. Many enterprise agreements and awards provide more generous entitlements, including higher penalty rates or additional paid holidays. Always check your specific award or agreement for details that may exceed these minimums.

Permanent Employee Entitlements

Full-time and part-time permanent employees enjoy the strongest public holiday protections under Australian law. When a public holiday falls on a day you would ordinarily work, you're entitled to a paid day off at your base rate of pay.

Your base rate of pay includes your normal hourly rate but typically excludes overtime, penalty rates, bonuses, and allowances. For example, if you normally earn $30 per hour and would have worked eight hours on a public holiday, you receive $240 for that day without needing to work.

Part-time employees receive pro-rata public holiday pay based on their ordinary hours. If a public holiday falls on a day you regularly work, you're paid for the hours you would have worked. However, if the holiday falls on a day you don't normally work, you have no entitlement to additional pay or time off.

Some employers offer time in lieu arrangements, allowing employees to take a different day off instead of the actual public holiday. These arrangements must be genuinely agreed upon and cannot be imposed unilaterally by the employer. Ensure any time in lieu agreements are documented in writing.

Annual leave taken during a period that includes a public holiday receives special treatment. If a public holiday falls during your annual leave, that day is not deducted from your leave balance. Instead, you receive it as a separate public holiday entitlement, effectively extending your leave period by one day.

Casual Employee Rights and Penalty Rates

Casual employees don't receive paid public holidays for days they don't work, reflecting the flexible nature of casual employment. However, casuals who work on public holidays are entitled to penalty rates that compensate for working when others have the day off.

Penalty rates for casual employees working on public holidays vary by award but commonly range from 175% to 275% of the ordinary hourly rate. For instance, under the General Retail Industry Award, casual employees receive 275% of their minimum hourly rate for public holiday work, which includes their 25% casual loading.

These enhanced rates recognise that public holidays have special significance and that employees sacrifice personal and family time when working on these days. The higher pay compensates for this sacrifice and incentivises employers to carefully consider whether public holiday staffing is truly necessary.

Casual employees can refuse to work on public holidays if the refusal is reasonable. Factors considered include the nature of the work, personal circumstances including family responsibilities, the notice provided, and whether other employees are available to perform the work.

Long-term casual employees who work regular and systematic hours may be eligible for conversion to permanent employment. If converted, they would then receive the full public holiday entitlements available to permanent workers, including paid days off.

Working on Public Holidays

Employers can request employees to work on public holidays, but employees can refuse if the request is unreasonable. The Fair Work Act doesn't define "unreasonable" precisely, allowing consideration of individual circumstances in each case.

When assessing reasonableness, factors include the nature of the employer's business and whether it requires public holiday operations, the employee's personal circumstances including family responsibilities, the amount of notice provided, and whether the employee could reasonably expect to be required to work.

Employees who agree to work on public holidays are entitled to penalty rates in addition to or instead of their normal pay, depending on their award or agreement. Common arrangements include double time, double time and a half, or time and a half plus a day in lieu.

Essential services including hospitals, emergency services, public transport, and hospitality commonly require public holiday staffing. Workers in these industries often have specific award provisions addressing public holiday work, frequently including higher penalty rates and guaranteed minimum shift lengths.

If disputes arise about public holiday work requirements, employees can seek assistance from the Fair Work Ombudsman or their union. Resolution typically involves examining the specific award provisions and individual circumstances to determine whether refusal to work was reasonable.

When Public Holidays Fall on Weekends

Public holidays falling on weekends create complexity for both employees and employers. The treatment varies depending on state legislation, specific awards, and whether substitute holidays are declared.

Most states declare substitute public holidays when certain holidays fall on weekends. For example, if Boxing Day falls on a Saturday, the following Monday may be declared a substitute public holiday. Check our 2026 Australian Calendar to see which dates include substitute holidays for your state.

For employees who normally work weekends, a public holiday falling on Saturday or Sunday may still be observed on the actual day. These workers would receive public holiday penalty rates for working on the actual holiday, not the substitute day observed by Monday-to-Friday workers.

The interaction between weekend penalty rates and public holiday penalty rates can be complex. Generally, employees receive whichever rate is higher rather than stacking both rates together. Your specific award will clarify how these situations are handled in your industry.

Shift workers face particular complexity when public holidays fall on weekends. Shifts that span midnight may be partly on the public holiday and partly on a regular day, requiring careful calculation of entitlements for each portion of the shift.

Industry-Specific Considerations

Different industries have varying public holiday provisions reflecting the unique nature of their operations. Understanding your specific industry award helps ensure you receive correct entitlements.

Retail workers are covered by the General Retail Industry Award, which provides specific public holiday penalty rates and restrictions on when employees can be required to work. Easter Sunday and Christmas Day have additional protections limiting retail operations in most states.

Hospitality employees under the Hospitality Industry Award face high demand for public holiday work but receive corresponding penalty rates. The award recognises that restaurants, hotels, and bars are essential to public holiday celebrations and compensates workers accordingly.

Healthcare workers have special provisions acknowledging the essential nature of medical services. While hospitals and emergency departments operate continuously, employees receive enhanced rates for public holiday shifts to recognise their sacrifice.

Office-based workers typically have straightforward arrangements with paid days off on public holidays. However, those in global companies may face pressure to work Australian holidays when international colleagues are working. Know your rights and the specific provisions of your employment agreement.

Protecting Your Entitlements

Ensuring you receive correct public holiday pay requires understanding your entitlements and maintaining accurate records. Several strategies help protect your rights throughout 2026.

Keep copies of your employment contract, enterprise agreement, or relevant award. These documents specify your exact entitlements and provide evidence if disputes arise. Most awards are available through the Fair Work Commission website.

Review your payslips after each public holiday to verify correct payment. Payslips must show hours worked, pay rates, and any penalty rates applied. Discrepancies should be raised with your employer promptly.

If you believe your public holiday entitlements have been underpaid, the Fair Work Ombudsman provides free assistance. They can investigate complaints, recover unpaid wages, and take action against employers who breach workplace laws.

Union members can access additional support through their union representatives. Unions have extensive experience interpreting awards and enterprise agreements and can advocate on members' behalf in disputes with employers.