With the Easter long weekend fast approaching, it is important to ensure that you understand how to pay your employees correctly for the public holidays, and particularly if an employee is required to work on a public holiday.
In all States and Territories across Australia, Good Friday and Easter Monday are public holidays. However, the other days over the ‘long weekend’ vary from state to state. Easter Saturday is a public holiday in the Australian Capital Territory, the Northern Territory and all states, except Tasmania and Western Australia. Easter Sunday is a public holiday in the Australian Capital Territory, New South Wales, Queensland and Victoria only.
For detailed information about public holidays in your state, visit the Fair Work Ombudsman website.
Employers may request employees to work on public holidays, but it is important to remember that employees may refuse such a request if they have reasonable grounds to do so.
Where a public holiday falls on a day that the employee does not usually work his or her ordinary hours, then the employee is not entitled to be paid for that day.
Road Transport and Distribution Award 2020:
A full-time or part-time employee who is absent from work on a public holiday is to be paid their base pay rate for the ordinary hours they would have worked on that day.
A full-time or part-time employee who is required to work on Good Friday must be paid 200% of the ordinary hourly rate, and for the other public holidays 150% of the ordinary rate (with a minimum payment of 4 hours).
A casual employee who is required to work on Good Friday must be paid, in addition to the casual loading, 300% of the ordinary hourly rate, and for other public holidays, in addition to the casual loading, 250% of the ordinary rate (with a minimum payment of 4 hours).
Road Transport (Long Distance Operations) Award 2020:
A full-time or part-time employee who is absent from work on a public holiday is to be paid 20% of the minimum weekly rate for the classification as set out at cl.16.1(a) of the Award.
A full-time or part-time employee who works on Good Friday is to be paid 30% of the minimum weekly rate, plus payment for the work at the cents per kilometre (CPK) or hourly driving rate. For the other public holidays, the employee is to be paid 20% of the minimum weekly rate, plus the payment for the work.
A casual employee who works on Good Friday is to be paid 30% of the minimum weekly rate for the classification as set out at cl.16.1(a) of the Award, plus payment for the work performed at the cents per kilometre (CPK) or hourly driving rate. For work on the other public holidays, a casual employee is to be paid 20% of the minimum weekly rate plus payment for the work performed at the cents per kilometre (CPK) or hourly driving. Please note that the CPK or hourly driving rate must include the 15% casual loading.
A casual employee is only entitled to the payment where the majority of the work undertaken on a particular journey is undertaken on a public holiday.
For specific advice about a particular situation please call the NatRoad advisors. This circular is general advice only, not legal advice.
NatRoad communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Our advisors are available to clarify any questions you have and provide the right advice for your business and workforce. Contact NatRoad on (02) 6295 3000.
