The ARA’s Top 5 Public Holiday Questions

1. What are the Public Holidays for this Christmas / New Year Period?
New South Wales, Victoria, Queensland, Western Australia, Australian Capital Territory
Christmas Day Friday, 25 December 2015
Boxing Day Saturday, 26 December 2015
Additional Boxing Day Monday, 28 December 2015
New Year’s Day Friday, 1 January 2016
South Australia
Christmas Eve Thursday 24 December (7pm –Midnight)
Christmas Day Friday, 25 December 2015
Substitute Boxing Day Monday, 28 December 2015
New Year’s Eve Thursday, 31 December (7pm – Midnight)
New Year’s Day Friday, 1 January 2016
Tasmania, Northern Territory
Christmas Day Friday, 25 December 2015
Substitute Boxing Day Monday, 28 December 2015
New Year’s Day Friday, 1 January 2016


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2. What is an additional Public Holiday and a substitute Public Holiday?
Additional Public Holiday
New South Wales, Victoria, Queensland, Western Australia, Australian Capital TerritoryIn these states an additional public holiday has been declared. This means that all work on both the Saturday or Monday must be paid at Public Holiday rates. For the General Retail Industry Award 2010 the Public Holiday rate is double time and a half.

Substitute Public Holiday
South Australia, Tasmania and Northern Territory

In these states a substitute public holiday has been declared. This means that Saturday 26th December 2015 will be treated as a normal Saturday and Monday 28 December will be a substitute public holiday. As such the relevant Saturday penalty rate will apply on Saturday 26 December whilst all work on Monday 28th December must be paid at the Public Holiday rate, which is double time and a half under the General Retail Industry Award 2010.


3. Public Holidays for Part Time Employees

I have a Part-Time Employee working in a store in Victoria. His rostered days are Tuesday,Wednesday and Thursday. Do they get paid on Monday 28th December (the additional Public Holiday) or do they receive an additional day off?

The answer is neither. An employee doesn’t get paid for a public holiday if they don’t normally work on the day that the public holiday falls. In the event that a public holiday is to fall on an employee’s rostered day off, they will not be entitled to be paid or be given an additional/alternative day off.


4. Public Holidays for Salaried Employees

If your salaried employee works on a public holiday, you need to make sure their salary incorporates payment for hours worked on a public holiday at the public holiday rate. If it hasn’t been calculated to include work on public holidays, you may have to make an additional payment to compensate them for their work that day.


5. Can I force my employee to work on a public holiday if they say they don’t want to?

As per section 114 of the Fair Work Act 2009 (Cth), all employees have a right to be absent from work on a day that is a public holiday. However, an employer may request an employee to work on a public holiday, only if that request is reasonable. If you request your employee to work on a public holiday, the employee may only refuse that request if:

  1. the request is not reasonable; or
  2. their refusal is reasonable.

When looking at whether a request or refusal of a request to not work on a public holiday is reasonable the following is generally taken into account:

  1. the operational requirements of the business;
  2. the employee’s personal circumstances e.g. family or carer’s responsibilities;
  3. whether employee could reasonably expect to be asked to work on the public holiday;
  4. whether the employee would be compensated with penalty payments, overtime etc; and
  5. the amount of notice in advance that was given by the employer when making the request, and by the employee when refusing the request.

Information provided by the Australian Retailers Association. http://www.retail.org.au/
For more details regarding Public Holidays please contact the ARA Employment Relations Team on 1300 368 041.