Pay rates for public holidays
The information on this page applies only to employers and employees in the WA state industrial relations system. The state system covers businesses which operate as sole traders, unincorporated partnerships, unincorporated trust arrangements as well as any incorporated associations or not for profit bodies that are not trading or financial corporations. The Guide to who is in the WA State System has more detail.
This information does not apply to any business which operates as a Pty Ltd business and is a trading or financial corporation nor to any incorporated association or not for profit body that is a trading or financial corporation. These businesses and organisations are in the national fair work system and should visit the Fair Work Ombudsman website for information on employment laws.
Visit the Easter 2017 public holiday arrangements page for details on the Easter 2017 public holidays for state system employers and employees.
Frequently asked questions about payment for public holidays
Who is entitled to a paid day off for a public holiday?
Full time and part time employees who are not required to work on a day solely because that day is a public holiday are entitled to be paid as if they were required to work on that day. Part time employees receive public holidays if the day falls on a day they would normally work.
Should an employee be paid for every public holiday?
If a full time or part time employee is ordinarily required to work on a day on which a public holiday falls, then they will be entitled to a paid day off for that day. If they are not ordinarily required to work on a day on which a public holiday falls, they will not be entitled to a paid day off for that day. For example, where a full time employee ordinarily works Tuesday to Saturday they would not be entitled to a paid day off for a public holiday that falls on a Monday as this is not a day they would normally work.
An employee normally works on the day of a public holiday, but the employer has changed the roster for that week. Should the employee still be paid for the public holiday?
Full time and part time employees who would ordinarily be required to work on a day that is a public holiday are entitled to a paid day off for that day. A roster change for one week is of no effect if that day is a day the employee would ordinarily work - changing a roster for one week does not mean the employee no longer ordinarily works that day.
An employer’s ability to change the employee's roster may also be restricted by the rostering provisions in any WA award which applies. For help in working out which provisions apply, contact Wageline.
Rostering for casual employees is more flexible, and casual employees are not usually entitled to a paid day off on public holidays. However, you should check the award, registered industrial agreement or written contract of employment to determine whether it provides casual employees with an entitlement to paid public holidays.
How much are employees paid for working on a public holiday?
Most WA awards specify rates of pay for working on a public holiday. An award may, for example, require the payment of public holiday penalty rates such as double time, or double time and a half, for all hours worked on a public holiday. If an employee covered by a WA award works on a public holiday the minimum they must be paid for the hours they work on that public holiday is the wage rate specified in the award or agreement, including any public holiday penalty rates, even if they are paid above award rates.
If an employee is award free, there are no minimum entitlements to additional rates of pay for working a public holiday. If a written employment contract applies to the employee, check what the contract specifies regarding public holidays.
Public holidays and public holiday penalty rates (if applicable) apply to apprentices and trainees as they do to other employees.
Should an employee be paid for the same hours they normally work on a day if it is a public holiday?
Full time and part time employees are entitled to be paid for days off on public holidays as if they had worked the same hours they ordinarily work.
Casual employees are generally not entitled to a paid day off on public holidays.
The public holiday was on the weekend but is being observed on a weekday. Does the employee get paid for both days?
The entitlement in this situation will depend on whether a WA award applies to the employee. If a WA Award applies, it will generally deal with the employee's entitlement in one of three ways:
- The public holiday observed on the weekday is substituted for the weekend public holiday, meaning only the observed weekday is treated as a public holiday, and there is no entitlement to a paid day off or public holiday rates for working on the weekend public holiday; OR
- The day observed during the week is an additional public holiday, meaning both the original public holiday on the weekend and the weekday on which the holiday is observed will be considered public holidays for the purpose of determining employee entitlements to paid time off or public holiday penalty rates. If this type of provision applies, an employee would be entitled to a paid day off on both the actual and the observed substitute day (assuming they would normally be rostered work on both days). If the employee works on either the actual or the substituted public holiday, any public holiday rates of pay would apply to both days; OR
- The actual public holiday on the weekend will be treated as a public holiday, so that the observed public holiday on the weekday has no effect on employees’ entitlements to a paid day off or public holiday penalty rates.
Check the relevant award to determine what an employee must be paid or which days off the employee is entitled to in this situation.
If no WA Award applies, then in most cases only the actual day will be considered a public holiday. Award free full time and part time employees who would normally work that day, but do not work solely because the business is closed due to the public holiday, are entitled to be paid as if they were required to work that day. Payment for working on the day would depend on employment conditions (eg the contract of employment) and penalty rates would only apply if the employment conditions so provide.
It should be noted that if a business chooses not to trade on a day which has been declared a public holiday, but which is not considered a public holiday under the relevant award or contract of employment, the employer may still have a contractual obligation to pay full time and part time employees for the hours they would normally have worked if the business was open.
Is an employee entitled to penalty rates for working Easter Saturday?
Easter Saturday is not a public holiday in Western Australia. However, some WA awards provide for Easter Saturday penalty rates of pay. You should check the relevant WA award to determine whether a penalty rate applies to work on Easter Saturday.
We are in a regional area and the Queen's Birthday public holiday is on a different day to the rest of WA. Which day should the employee be paid public holiday penalty rates or be provided with a paid day off?
In some regional areas within Western Australia the Queen’s Birthday is celebrated on a different day to the rest of the State. This is to coincide with a day of regional significance (for example, a festival or race cup day). In the regions where this occurs, the nominated alternative Queen’s Birthday public holiday is observed instead of the Queen’s Birthday public holiday observed in the rest of WA.
An employee who lives in such a region, and who is entitled to be paid more for working on a public holiday, is not entitled to public holiday rates for working on both Queen’s Birthday public holidays. Rather, they are entitled to be paid public holiday rates for working on the Queen’s Birthday public holiday day that applies in their region.
Similarly, an employee who lives in a region with an alternative Queen’s Birthday public holiday, and who is entitled to a paid day off for that day, is only entitled to a paid day off for the alternative Queen’s Birthday public holiday.
You will need to check the relevant award, or written contract of employment to determine whether there is an entitlement to be paid more for work on any public holiday, including the alternative Queen’s Birthday public holiday.
If a public holiday falls during a period an employee is on annual leave, is the day paid as a public holiday or annual leave day?
An employee on annual leave is entitled to take a public holiday that falls during their period of annual leave as a paid public holiday, not as a paid annual leave day.
If a public holiday falls during a period that an employee is on sick leave, is the day paid as a public holiday or a sick leave day?
All state system employers are legally required to keep employment records that detail time worked, leave taken and pay received by employees.
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