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Public holidays are a great time for rest and celebration, but they also come with important considerations for employers. Whether you’re planning business operations, rostering staff, or managing payroll, it’s crucial to stay on top of your obligations.
Public Holiday Dates
Under the National Employment Standards (NES), the following public holidays apply nationwide:
- 1 January – New Year’s Day
- 26 January – Australia Day
- Good Friday (Date varies)
- Easter Monday (Date varies)
- 25 April – Anzac Day
- King’s Birthday (Date varies by State/Territory)
- 25 December – Christmas Day
- 26 December1 – Boxing Day
- any other day or part-day declared as a public holiday within a State or Territory.
For full details, visit Fair Work Ombudsman – Public Holidays.
Edwards HR is based in Queensland, and while we service clients nationwide, the majority of our clients operate in Queensland. To make it easier for employers to plan ahead, here’s a list of Queensland’s public holidays for 2025.
Queensland Public Holidays for 2025:
- Wednesday 1 January – New Year’s Day
- Monday 27 January – Australia Day
- Friday 18 April – Good Friday
- Saturday 19 April – The day after Good Friday
- Sunday 20 April – Easter Sunday
- Monday 21 April – Easter Monday
- Friday 25 April – Anzac Day
- Monday 5 May – Labour Day
- Wednesday 13 August – Royal Queensland Show (Brisbane area only)
- Monday 6 October – King’s Birthday
- Wednesday 24 December – Christmas Eve (from 6 pm to midnight)
- Thursday 25 December – Christmas Day
- Friday 26 December – Boxing Day
Select below for other states and territory public holiday dates
Payments
Generally, full-time and part-time employees should be paid for a public holiday if it falls on their usual workday. If they work on a public holiday, penalty rates will likely apply, depending on the relevant Award or Agreement. Employers should review the applicable terms to ensure correct payments.
For example, if a part-time employee usually works Mondays and a public holiday falls on a Monday, they should be paid their usual rate for that day. However, if it is not their regular workday, they are not entitled to public holiday pay unless otherwise stated in their Award or Agreement.
Casual employees generally do not receive payment for public holidays unless they work on the day, in which case penalty rates typically apply. Be sure to check the applicable Award or Agreement to confirm.
If you have employees in multiple states, be sure to check the applicable public holiday dates in each location.
Be sure to check the Fair Work Public Holiday Entitlements here.
Requesting Staff To Work A Public Holiday
A 2023 Federal Court decision in CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51, changed how employers can require employees to work on public holidays.
Now, employers must request that employees work on a public holiday.
Failure to request that the public holiday be worked could result working on the public holiday being unlawful. It is no longer possible to simply roster an employee to work the public holiday, assume they are accepting of this and consider the matter closed.
Employees can refuse the request if:
- The request is not reasonable; or
- Their refusal is reasonable.
An employer can, of course, have a roster which includes public holidays. However, just publishing a roster does not constitute a request, therefore the employer must ensure its employees understand either:
- the roster is in draft requesting those employees who have been allocated to work on the public holiday are to indicate whether they accept or refuse that allocation, or
- where a request is made before the roster is finalised.
To manage this effectively, employers should:
- Clearly communicate rostering expectations in advance.
- Ensure that any public holiday roster is first issued as a draft to confirm availability.
- Document employees’ acceptance or refusal of the request.
- Have contingency plans in place if employees decline to work.
For more details, visit Fair Work Ombudsman – Working on Public Holidays.
Clear Communication With Your Team
It’s essential to confirm whether your business will be open or closed on public holidays. If you require staff to work, now is the time to communicate:
Employers should have processes in place for:
- Requesting employees to work public holidays well in advance.
- Documenting whether employees accept or refuse a public holiday shift.
- Managing refusals and making alternative resourcing plans.
- Ensuring compliance with the Fair Work Act and relevant Awards/Agreements.
Employers cannot rely solely on contract terms or enterprise agreements that require employees to work on public holidays. Transparent discussions will help ensure smooth operations and avoid compliance risks.
If your business relies on rosters for public holiday staffing, ensure that employees understand that these are requests to work, not automatic requirements.
Payroll Processing Adjustments
If your usual payroll processing falls on a public holiday, consider adjusting schedules to avoid delays. This might mean processing payroll a day earlier than usual. Be sure to notify your team in advance of any changes.
Considerations should also be made for businesses that pay employees under a flat rate agreement. These employees must be better off overall compared to the Award or Agreement, especially on public holidays where penalty rates apply.
For employees paid a flat rate that incorporates penalty rates, employers should conduct regular audits to ensure their pay remains compliant with the Award or Agreement. This includes checking:
- The employee’s total earnings across a pay period.
- Whether their flat rate fairly compensates for penalty rates they would otherwise receive on a public holiday.
Need Assistance?
If you need guidance or advice on public holiday entitlements, rostering, or compliance, our team is here to help. Contact us on 07 3568 0866 for expert support on managing public holiday compliance in your business.
For more employer updates, and employer resources, visit our website: www.edwardshr.com.au/latest-news.
Get in touch with our team today to discuss how we can help.
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