The Easter holiday is not far away, often raising planning, rostering, and payroll issues for employers. What public holidays apply, what penalty rates do you pay, and what can you do if an employee refuses to work on a public holiday?

 

April Public Holidays

  • Good Friday – Friday, 18 April (National)
  • Easter Saturday – Saturday, 19 April (except Tasmania and Western Australia)
  • Easter Sunday – Sunday, 20 April (except Tasmania)
  • Easter Monday – Monday, 21 April (National)
  • Easter Tuesday – Tuesday, 22 April (For government employees in Tasmania only)
  • Anzac Day – Friday, 25 April (National)

 

Public Holiday Penalty Rates

The applicable modern award or enterprise agreement determines payment for work performed by an employee on a public holiday. Pay for work performed on a public holiday for an award/agreement-free employee is subject to the employee’s contract of employment.

 

Work on Good Friday

Check the applicable modern award or enterprise agreement to determine the appropriate penalty rate for work performed on Good Friday. Some modern awards can provide up to triple time for work performed on Good Friday. Other awards can have a set penalty rate for the first four hours and triple time for longer.

Understanding the business resourcing needs and penalty rates will help assess the cost of opening a business on Good Friday and ensure employees are paid appropriately.  

 

Work on Easter Saturday

Easter Saturday (the Saturday following Good Friday) is a national public holiday except for Western Australia and Tasmania. In most jurisdictions, work performed on Easter Saturday will be paid at the appropriate public holiday penalty rate.

In Western Australia and Tasmania, work performed on Easter Saturday would attract the appropriate Saturday work penalty rate prescribed by the applicable modern award or enterprise agreement.

 

Work on Easter Sunday

All states and territories except Tasmania have Easter Sunday declared as a public holiday, which will attract the public holiday penalty rate prescribed by the applicable modern award or enterprise agreement.

Any work performed in the jurisdictions that do not have Easter Sunday as a public holiday is paid at the Sunday penalty rate per the applicable modern award or enterprise agreement.

 

Work on Anzac Day

This national public holiday for all states and territories will attract the public holiday penalty rate prescribed by the applicable modern award or enterprise agreement.

 

Refusing to work a public holiday 

The Fair Work Act (s114) states that an employer may request an employee to work on a public holiday if the request is reasonable. Likewise, an employee can refuse to work on a public holiday if the employer's request is not reasonable or the employee's refusal is reasonable. In the former situation, the onus of proof is on the employer. In the latter, it is on the employee(s).

There is nothing in the Fair Work Act regarding employees volunteering to work on public holidays. 

In determining whether an employer’s request is reasonable or a refusal of a proposal is reasonable, the following must be considered:

  • the nature of an employer's workplace and the nature of an employee’s work
  • an employee's personal circumstances, including family responsibilities
  • whether an employee could reasonably expect an employer to request work on a public holiday
  • whether an employee is entitled to receive overtime or other penalty payments or other compensation that reflects an expectation to work on public holidays
  • the type of employment of an employee (for example, whether full-time, part-time, casual, or shift work)
  • the amount of notice in advance of the public holiday given by an employer when making the request
  • the amount of notice an employee gives when refusing a request to work on a public holiday.

The relevance of each of these factors and the weight allocated will vary according to the circumstances. In some cases, a single factor will be of great importance and outweigh all others. In others, there will be a balance between the elements.