Pay for public holidays
Pay and entitlements for public holidays
Minimum entitlement
Full-time employees receive 10 public holidays each year. Part-time employees receive public holidays if the day falls on a day they would otherwise have worked.
The minimum entitlement under the Minimum Conditions of Employment Act 1993 is that a full-time or part-time employee who is not required to work on a day solely because that day is a public holiday is entitled to be paid as if he or she was required to work on that day.
Additional wages for work on public holidays
The Minimum Conditions of Employment Act does not provide a minimum entitlement to additional wages for work on public holidays. Under this Act, if a business is operating, employees are required to work for normal rates, unless a specific public holiday rate is agreed. Employees who would normally be rostered to work on a day that is a public holiday are entitled to a paid day off work if the business is closed because of the public holiday.
Many awards, agreements and contracts of employment provide extra wages for working on public holidays. Employers and employees should check the appropriate award or agreement to determine whether an additional rate applies for public holidays.
Substitution of days
The Minimum Conditions of Employment Act specifies that the actual day of the holiday is the public holiday, not any substitute day. This means that if a public holiday falls on a Sunday, for example, the Sunday is the public holiday, not the Monday. However, most awards and agreements do allow the substitution of the next weekday for the public holiday. Employers and employees should check the appropriate award or agreement.
Annual leave and public holidays
Some awards, agreements and contracts of employment provide for an additional day of annual leave when an annual leave day falls on a public holiday. Employers and employees should check the appropriate award or agreement.
Requiring employees to work on a public holiday
Full-time, part-time and casual employees can all be required to work on a public holiday to suit the requirements of the business, provided that the requirements of any applicable award, agreement or contract are met.
An employee can only be required to be on stand-by on a public holiday where it is allowed under the relevant award, agreement or contract employment.
It is advisable for employers and employees to discuss requirements for work well in advance of a public holiday to ensure that both parties have a clear understanding of each other's requirements and expectations.
Exclusions
Casual employees are not entitled to paid public holidays.
Certain types of employees are excluded from the public holiday provisions of the Minimum Conditions of Employment Act. However, these types of employees may be covered by an award or agreement that provides a public holiday entitlement. These exclusions are:
- disabled persons working in a supported employment service;
- persons paid wholly by commission or piece rates (per item);
- volunteers; and
- persons appointed under the National Trust of Australia (WA) Act 1964 as wardens.