Sarah Lenihan

Navigating Public Holidays for Employers

Managing a business means juggling a variety of responsibilities, and understanding public holidays is a crucial piece of the puzzle. Not only do these dates affect staffing and payroll, but they also carry specific legal obligations under the Fair Work Act 2009. Let’s break down what employers need to know to stay compliant and keep operations running smoothly.

Why Public Holidays Matter

Public holidays impact your business in several key ways:

  • Staffing Needs: Adjusting schedules to account for employee absences or increased customer demand.
  • Payroll Considerations: Calculating appropriate pay rates, including penalty rates for those who work on public holidays.
  • Employee Entitlements: Ensuring employees receive their lawful benefits, whether they’re working or taking the day off.

Understanding the landscape of public holidays helps you make informed decisions and fosters a fair workplace environment.

National Public Holidays in Australia (2025)

Under the National Employment Standards (NES), the following public holidays are observed nationwide:

  • 1 January – New Year’s Day
  • 26 January – Australia Day
  • Good Friday – (18 April 2025)
  • Easter Monday – (21 April 2025)
  • 25 April – Anzac Day
  • 25 December – Christmas Day
  • 26 December – Boxing Day

Note: Dates for Good Friday and Easter Monday vary each year.

Queensland-Specific Public Holidays (because this is where I am based.)

In addition to the national holidays, Queensland has several state-specific public holidays:

  • Easter Sunday – (20 April 2025): Recognised as a public holiday in Queensland.
  • Labour Day – (5 May 2025): Celebrating the achievements of workers.
  • King’s Birthday – (6 October 2025): Observed on the first Monday of October.
  • Regional Show Holidays: Celebrating local agricultural shows, dates vary by region.

Understanding Regional Variations

Queensland’s diversity means public holidays can differ not just from other states but within its own regions. For example:

  • Brisbane Show Day (Ekka People’s Day): Typically the second Wednesday in August. In 2025, it’s on 13 August.
  • Cairns Show Day: Scheduled for 18 July 2025.
  • Mount Isa Rodeo Day: Taking place on 8 August 2025.

These regional holidays are proclaimed in local areas, so it’s essential to know which dates apply to your employees based on their primary place of work.

Determining Employee Entitlements

An employee’s entitlement to a public holiday is based on their usual work location, not necessarily where they perform duties on a particular day.

Scenario Example:

  • Situation: Rob is employed at your office in Brisbane but is temporarily working on a project in Rockhampton during the Rockhampton Show Day on 13 June 2025.
  • Entitlement: Rob is entitled to the Brisbane Show Day public holiday (13 August 2025), not the Rockhampton Show Day.
  • Explanation: Since his primary place of employment is Brisbane, his public holiday entitlements align with Brisbane’s schedule.

This distinction is crucial for payroll accuracy and legal compliance.

Making Reasonable Requests to Work on Public Holidays

Under Section 114 of the Fair Work Act 2009, you can request an employee to work on a public holiday, provided the request is reasonable. Likewise, employees can refuse unreasonable requests based on reasonable grounds.

Factors Influencing Reasonableness:

  • Nature of the Workplace: Essential services like hospitals may require staff on public holidays.
  • Employee’s Personal Circumstances: Family commitments, health issues, or pre-planned events.
  • Expectation of Work: Whether working on public holidays is customary in the industry or was outlined in the employment contract.
  • Compensation Offered: Provision of penalty rates or time off in lieu.
  • Notice Given: Adequate advance warning about the requirement to work.

Legal Precedent

In the landmark case Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd, the Federal Court clarified that:

  • Employers must request—not require—employees to work on public holidays.
  • The request should be a genuine inquiry, allowing the employee the opportunity to accept or decline.
  • Employees can refuse if they have reasonable grounds.

This case underscores the importance of respectful communication and adherence to legal obligations.

Best Practices for Employers

  1. Plan Ahead: Identify all relevant public holidays for your business locations well in advance.
  2. Open Communication: Discuss public holiday schedules with your employees early, especially if you anticipate needing staff to work.
  3. Document Agreements: Keep records of all communications regarding public holiday work arrangements.
  4. Respect Employee Rights: Be prepared to accommodate reasonable refusals without penalizing the employee.
  5. Update Policies: Ensure your HR policies reflect current laws and clearly outline procedures regarding public holidays.

Additional Considerations

  • Penalty Rates: Familiarize yourself with the applicable award or enterprise agreement to correctly calculate pay for employees working on public holidays.
  • Casual Employees: While they don’t accrue paid leave, casual employees are entitled to penalty rates if they work on public holidays.
  • Cultural Diversity: Recognize that some employees may observe additional cultural or religious days. While not legally required, offering flexibility can boost morale and inclusivity.

Stay Informed

Keep abreast of public holiday dates and any legislative changes by consulting:

Looking Beyond Public Holidays

Understanding public holidays is just one aspect of effective workforce management. Consider also:

  • Staff Training: Educate your management team on handling leave requests and rostering around public holidays.
  • Employee Well-being: Use public holidays as an opportunity to promote work-life balance, which can improve productivity and retention.
  • Technology Solutions: Implement workforce management software to streamline scheduling, especially for businesses operating across multiple regions.

By keeping these insights in mind, you’re not just complying with the law—you’re building a fair and enjoyable workplace for everyone involved.

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