Queen’s Birthday public holiday entitlements for 2021

This page is for: 
Employee / workerEmployer

The information below is only relevant to employers and employees in the WA state industrial relations system – sole traders, unincorporated partnerships, unincorporated trusts and some incorporated or not for profit organisations.

Find out more on the Guide to who is in the WA state system page. If you operate or are employed by a Pty Ltd business – you can find information on this topic on the Fair Work Ombudsman website.

In Western Australia, the public holiday for the Queen’s Birthday in 2021 is Monday 27 September.

This page provides information on public holiday entitlements for the Queen’s Birthday 2021 for:

  • award free employees
  • Shop and Warehouse (Wholesale and Retail Establishments) Award
  • Restaurant, Tearoom and Catering Workers Award  
  • Hairdressers Award. 

For information on other WA awards, please view the WA award summaries or contact Wageline on 1300 655 266.

Award free employees

Full time and part time employees

Award free full time and part time employees who would normally work on Monday 27 September 2021, 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, including Monday 27 September. 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, including Monday 27 September. 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 employees

Full time employees who would normally be required to work Monday 27 September 2021, 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 27 September, public holiday pay rates will apply. See the Shop and Warehouse WA Award Summary for public holiday rates of pay.

The Shop and Warehouse Award also provides that when a public holiday falls on a full time employee’s non-working day (known as a ‘rostered day off’) the 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;
  • another day shall be allowed with pay within twenty eight days; or
  • have another day added to their annual leave entitlement.

Example 1

Ahmad is a full time employee who works Tuesday to Saturday each week. Monday is therefore a rostered day off for Ahmad. In 2021, the Queen’s Birthday public holiday under the award (Monday 27 September) falls on Ahmad's rostered day off. To compensate for this, Ahmad and his employer can agree that Ahmad:

  • receives payment of an additional day's wages;
  • takes another paid day off within 28 days; or
  • has another day added to his annual leave entitlement.

Example 2

Harriet works 19 days over a four-week cycle (8 hours per day) and has an additional rostered day off every fourth Monday. In 2021, the Queen’s Birthday public holiday under the award (Monday 27 September) falls on Harriet's rostered day off. To compensate for this, Harriet and her employer can agree that Harriet:

  • receives payment of an additional day's wages;
  • takes another paid day off within 28 days; or
  • has another day added to her annual leave entitlement.

The Shop and Warehouse Award also provides that when a public holiday falls on a day that an 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. The following example illustrates how this works.

Example 3

Sue Lee is a full time employee who works an average of 38 hours per week. One fifth of Sue Lee's ordinary weekly hours are therefore 7.6 hours (38 divided by 5). Sue Lee normally works 6 hours on a Monday.

Sue Lee’s employer is closed on Monday 27 September 2021 due to the Queen’s Birthday public holiday. Sue Lee is entitled to be paid for the 6 hours she would normally have worked on that Monday.  Additionally, as the public holiday falls on a day that Sue Lee is usually required to work less than one fifth of her weekly hours (in this case 6 hours) Sue Lee is entitled to paid time off duty equivalent to 1.6 hours. This time off duty represents the difference between the time she usually works on a Monday (6 hours) and one fifth of her ordinary weekly hours (7.6 hours).

The time off duty may be taken at a time that is mutually agreed between the employer and employee, or it may be taken in conjunction with a period of annual leave.

Part time employees

Part time employees who would normally be required to work on Monday 27 September 2021, 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 27 September, public holiday pay rates will apply.

The Shop and Warehouse Award also provides that when a public holiday falls on a day that an 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. The following example illustrates how this works.

Example

Jeremy is a part time employee who works an average of 30 hours per week. One fifth of Jeremy's ordinary hours is therefore 6 hours (30 divided by 5). Jeremy normally works 4 hours on a Monday.

Jeremy's employer is closed on Monday 27 September 2021 due to the Queen’s Birthday public holiday. Jeremy is entitled to be paid for the 4 hours he would normally have worked on that Monday, and additionally, he is entitled to time off duty equivalent to 2 hours. The time off duty represents the difference between the time he ordinarily works on a Monday (4 hours) and one fifth of his ordinary weekly hours (6 hours).

The time off duty may be taken at a time that is mutually agreed between the employer and employee, or it may be taken in conjunction with a period of annual leave.

If a part time employee would not normally be required to work on Monday 27 September 2021, there are no additional public holiday entitlements.

Casual employees

Casual employees who are required to work on Monday 27 September 2021 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 Monday 27 September 2021, 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 27 September, public holiday rates will apply. Please see the Restaurant, Tearoom and Catering Workers WA Award Summary for public holiday pay rates.

If any public holiday under the award falls on an employee's non-working day (known as a 'rostered day off'), the public holiday is observed on the next rostered working day. In this situation the next rostered working day is considered to be a public holiday, while the non-working day is not. If the employee is required to work on the next rostered working day, they are entitled to be paid public holiday rates of pay.

Example

Cassandra is a full time chef who works from Tuesday to Saturday each week.

In 2021, the Queen’s Birthday public holiday falls on Monday 27 September. As this is a non-working day for Cassandra, the public holiday is observed on her next rostered working day. Cassandra is therefore entitled to a paid day off on Tuesday 28 September 2021. If she is required to work on this day, public holiday pay rates will apply.

Part time employees

Part time employees who would normally be required to work on Monday 27 September 2021, 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 27 September, public holiday pay rates will apply.

If a part time employee would not normally be required to work on Monday 27 September 2021, there are no additional public holiday entitlements.

Casual employees

Casual employees who are required to work on Monday 27 September must be paid at public holiday rates.

Hairdressers Award

Full time employees

Full time employees who would normally be required to work on Monday 27 September 2021, 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 27 September, public holiday pay rates will apply. Please see the Hairdressers WA Award Summary for public holiday pay rates.

If Monday 27 September 2021 falls on a full time employee’s non-working day (referred to as a ‘rostered day off’), then the rostered day off is to be taken on the employee’s next following working day, or by mutual agreement, another day within the same week.

Alternatively, the award allows the employer and employee to agree on the employee accumulating up to five rostered days off in any given year, which may be taken at a mutually agreed time.

Example

Nathan is a full time hairdresser and works Tuesday to Saturday each week.

In 2021, the Queen’s Birthday public holiday falls on Monday 27 September. As Monday is a non-working day for Nathan (i.e. a rostered day off), Nathan is entitled to another paid day off on his next working day, which is Tuesday 28 September 2021. Alternatively, Nathan and his employer may agree the paid day off be taken on another day that week, or another mutually convenient time.

Part time employees

Part time employees who would normally be required to work on Monday 27 September 2021, 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 27 September, public holiday pay rates will apply.

If a part time employee would not normally be required to work on Monday 27 September 2021, there are no additional public holiday entitlements.

Casual employees

Casual employees who are required to work on Monday 27 September 2021 must be paid at public holiday rates.

For more information visit the Public holiday pay and entitlements – state system employees page or contact Wageline on 1300 655 266.

 

Share this page:

Last modified: