Are you aware of the important rostering rules this weekend for the Australia Day Public Holiday?

South Australian Business News  •  Industrial Relations
Elisa Luck
Thursday, January 23rd 2025
Timesheet

Public holidays are part of the National Employment Standards (NES). The NES apply to all employees covered by the national workplace relations system, regardless of any award, registered agreement or employment contract. 

Employees have the right to be absent from work on a day or part-day that is a public holiday and are protected from adverse action for reasonably refusing to work on a public holiday?

As the Australia Day public holiday is shortly upon us on us, it’s important that if you are planning to roster an employee to work on Australia Day, that you give them the choice to work or not. 

Whilst you can request an employee to work on a public holiday, the request must be reasonable and the employee can refuse a request to work if the employee has reasonable grounds, or request is unreasonable.

When deciding if an employee will be rostered to work on a public holiday, consider:

  • the nature of the workplace
  • the role and type of work of the employee does
  • employee’s personal circumstances (including caring responsibilities)
  • employment status (full-time, part-time or casual)
  • an expectation that they might be asked to work on the public holiday
  • any overtime, penalty rates or other payment the employee might receive
  • the amount of notice provided
  • any other relevant factor

Employers can require an employee to work a public holiday if the:

  • employer has made a reasonable request for the employee to work the public holiday
  • employee has unreasonably refused that request

It’s important that your employees are paid correctly and employees (except casual employees) who normally work on the day a public holiday falls will be paid their base pay rate for the ordinary hours they would have worked if they had not been away because of the public holiday. The base pay rate doesn’t include bonuses, overtime, penalty rates, loadings, any incentive-based payments, monetary allowances.

Need help in understanding your obligations? South Australian Business Chamber Members can call our Business Advice Hotline on (08) 8300 0000 (select option 1).

Author

Elisa Luck

General Manager, Programs and Consulting
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