If a rostered day off falls on a public holiday, is an employee entitled to an alternative day off or additional leave or pay?

Generally, a modern award that allows for a Rostered Day Off (RDO) system usually provides that the RDO cannot fall on a public holiday. It is to be taken at some other mutually agreed time. This is because the public holiday provisions of the Fair Work Act and the relevant state or territory public holiday law determine which day or days are proclaimed as a public holiday.

The applicable modern award will usually refer to the National Employment Standards with respect to the observance of public holidays and provide for an arrangement for when a day off for the public holiday is to be taken by an employee.

 

Case study: RDOs and public holidays

Employees at a food manufacturing company work on an RDO system, which allows them to take a day off every four weeks based on a weekly average of 38 hours. The RDO is usually taken on a Monday. The company has premises in New South Wales, Victoria and Queensland.

There are often public holidays on a Monday, which coincides with the rostered day off. 

In this case, employees are covered under the Food, Beverage and Tobacco Manufacturing Award 2020, which states a full-time employee’s ordinary hours of work are structured to include a day off. If such a day falls on a public holiday, an employee is entitled to either:

  • 7.6 hours of pay at the ordinary time rate or
  • 7.6 hours of extra annual leave, or
  • a substitute day off on an alternative week day.

Where an employee has accumulated credited time, it should not be taken as a day off on a public holiday. 

 

Check your award or enterprise agreement.

If you’re unsure what applies to your situation when an employee’s RDO lands on a public holiday, check the applicable modern award or enterprise agreement to determine what arrangements may be agreed to or seek advice from a workplace relations specialist.