Holiday Working Rates in Australia: What You’re Actually Entitled To

Public holidays are meant to be a break, not a grey area where pay gets quietly “misinterpreted”.

Yet every year, thousands of Australian workers are underpaid, pressured to work, or confused about what they’re entitled to when public holidays roll around.

Here’s what the law actually says and where people get caught out.

1. Public Holidays Are a Legal Right, Not a Favour

Under the Fair Work Act, public holidays are part of the National Employment Standards (NES).

This means:

• You generally have the right to not work on a public holiday

• Your employer can request you work — but only if it’s reasonable

• You can refuse without punishment if you have reasonable grounds

If your workplace treats public holidays as “mandatory availability”, that’s a red flag.

2. If You Don’t Work. You Still Get Paid (Most of the Time)

If you’re full-time or part-time and:

• The public holiday falls on a day you normally work

• You’re not rostered on due to the public holiday

You must be paid your base rate for those ordinary hours.

Important nuance:

• This is base pay only (no penalties, bonuses or loadings)

• Casuals usually aren’t paid if they don’t work — unless an award or agreement says otherwise

If your employer skips this payment entirely? That’s not “policy”, it’s potentially unlawful.

3. Working a Public Holiday ≠ Ordinary Pay

There is no single public holiday rate in Australia.

Your pay depends on:

• Your modern award

• Or your enterprise agreement

Common examples:

• Full-time / part-time: 150% – 200%+

• Casuals: often 175% – 225%+ (including casual loading)

Some awards even require double time.

If your payslip shows ordinary hours on a public holiday with no penalty applied — something is wrong.

4. Salaries Don’t Cancel Penalty Rates

A common myth:

“You’re on a salary, so public holidays don’t matter.”

Reality:

• Salaries can include penalties only if total pay still meets or exceeds award minimums

• If your salary doesn’t compensate for public holiday work, the employer can still be underpaying you

This is one of the most common causes of wage theft in Australia.

5. “Reasonable Requests” Cut Both Ways

Employers often quote “operational needs”.

Employees can rely on:

• Family responsibilities

• Health or caring obligations

• Religious observance

• Prior commitments

• Work-life balance considerations

If refusal leads to threats, reduced shifts, or retaliation, that’s not lawful management.

6. Why This Matters

Public holiday breaches often sit quietly because:

• Employees don’t want to “rock the boat”

• Pay structures are deliberately confusing

• Workers assume the employer knows better

But Fair Work disputes repeatedly show:

👉 Not knowing your entitlements doesn’t remove them

Before the next public holiday, ask yourself:

• Do I know which award or agreement covers me?

• Do I know the actual penalty rate?

• Does my payslip reflect it?

If the answer is no, that’s where underpayment usually starts.

Knowing your rights isn’t being difficult.

It’s protecting your time, your labour, and your pay.