Get the Australia Day public holiday right

This announcement is for: 
Employee / workerEmployer

If you are covered by the state industrial relations system, here is what you need to know about rates of pay for the Australia Day public holiday in 2019.

The public holiday for Australia Day in 2019 is Monday 28 January not Saturday 26 January.  Saturday 26 January is an ordinary working day and ordinary rates of pay are applicable. 

Under the Public and Bank Holidays Act 1972, Australia Day takes place on 26 January or when that day falls on a Saturday or Sunday, the first Monday following the 26 January.

Award free employees

Full time and part time employees

Award free full time and part time employees who would normally work on a Monday but who are not required to work solely because it is a public holiday, are entitled to be paid for that day.

There are no minimum entitlements to additional rates of pay for working on a public holiday for award free employees. However, award free employees may have contracts of employment which specify other arrangements for payment and paid time off for public holidays.

Casual employees

There are no minimum entitlements to additional rates of pay for award free casual employees working on a public holiday. However, award free employees may have contracts of employment which specify other arrangements for payment on public holidays.

Shop and Warehouse (Wholesale and Retail Establishments) Award

Full time and part time employees

Full time and part time employees who would normally be required to work on a Monday, but who are not required to work because it is a public holiday, are entitled to be paid for that day. If a full time or part time employee is required to work on Monday 28 January, public holiday pay rates will apply. See the Shop and Warehouse Award Summary for public holiday rates of pay.

The Shop and Warehouse Award also provides that when a public holiday falls on an accrued day off (known as a ‘rostered day off’ under the award), an employee is to be compensated in one of the following methods by agreement between the employer and employee:

  • payment of an additional day’s wages, or
  • another day shall be allowed with pay within twenty eight days, or
  • have another day added to their annual leave entitlement

The Shop and Warehouse Award provides that when a public falls on a day that a full time or part time employee is usually required to work less than one fifth of their ordinary weekly hours of duty, the employee is entitled to time off duty without deduction of pay equivalent to the difference between the time usually worked on that day and one fifth of their ordinary weekly hours.

Casual employees

Casual employees who are required to work on Monday 28 January must be paid at public holiday rates.

Restaurant, Tearoom and Catering Workers Award

Full time employees

Full time employees who would normally be required to work on a Monday but who are not required to work because it is a public holiday are entitled to be paid for that day.  If a full time employee is required to work on Monday 28 January public holiday rates will apply.  Please see the Restaurant, Tearoom and Catering Workers Award Summary for public holiday pay rates.

Part time employees

Part time employees who would normally be required to work on a Monday, but who are not required to work because it is a public holiday, are entitled to be paid for that day. If a part time employee is required to work on Monday 28 January, public holiday pay rates will apply.

If a part time employee would not normally be required to work on a Monday, there are no additional public holiday entitlements.

Hairdressers award

Read about public holiday information for Hairdressers award employees on the Wageline website.

For more information, visit the Wageline website, or contact Wageline via Wageline@dmirs.wa.gov.au or on 1300 655 266.

Labour Relations
Department News
16 Jan 2019

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