For Gen X’ers and older, seasons were clearly defined. You knew Christmas was imminent because the tinsel was up, Santa was painted onto the shop windows, and you could hear cicadas as you ran from the car trying not to burn your feet on the hot concrete. A couple of months later, fruit laden hot cross buns would appear at the bakery and chocolate eggs showed up at the supermarket heralding the imminent arrival of Easter.
These days, Christmas starts with the June toy sale at the major department stores and hot cross buns in all sorts of flavours (what the hell is Biscoff and how are they hot cross buns if they have NO fruit??) land in the supermarket on Boxing Day delivering three to four months of sweet bun temptations causing one to lose track on when Easter might finally land. Today, I had to check the calendar, and it appears we are less than two weeks away from Easter - which is closely followed by Anzac Day - and so it is timely to remind you all of the gazetted public holidays and what your obligations are as an employer.
Easter Public Holidays by State or Territory
| Friday 18 April Good Friday | Saturday 19 April Easter Saturday or Day After Good Friday | Sunday 20 April Easter Sunday | Monday 21 April Easter Monday | Friday 25 April ANZAC Day | |
|---|---|---|---|---|---|
| Australian Capital Territory | Public Holiday | Public Holiday | Public Holiday | Public Holiday | Public Holiday |
| New South Wales | Public Holiday | Public Holiday | Public Holiday | Public Holiday | Public Holiday |
| Northern Territory | Public Holiday | Public Holiday | Public Holiday | Public Holiday | Public Holiday |
| Queensland | Public Holiday | Public Holiday | Public Holiday | Public Holiday | Public Holiday |
| South Australia | Public Holiday | Public Holiday | Public Holiday | Public Holiday | Public Holiday |
| Tasmania * | Public Holiday | X | X | Public Holiday | Public Holiday |
| Victoria | Public Holiday | Public Holiday | Public Holiday | Public Holiday | Public Holiday |
| Western Australia * | Public Holiday | X | Public Holiday | Public Holiday | Public Holiday |
X = not a gazetted public holiday. Normal Saturday/Sunday rates apply.
* Note that Tasmania also recognises 22nd April 2024 (Easter Tuesday) as a public holiday but generally only for Public Service.
NORTHERN TERRITORY
The May Day public holiday falls on Monday 5th May 2024 so make sure you note that in your calendar as a gazetted holiday.
QUEENSLAND
Labour Day is coming up and also falls on Monday 5th May 2024 so remember to pencil in another public holiday over this period.
Do I need to pay my employee?
What you need to remember is that if your full or part time employee usually works on a day that is a gazetted public holiday, it is categorised as a ‘public holiday not worked’.
If the public holiday falls on a day that an employee is not normally rostered to work, you don’t need to do or pay anything.
For example, your part time customer support officer works only on Monday and Tuesday every week. When it comes to Easter, you do not pay him for Good Friday (18th April 2025) as he is not normally working. However, you will need to pay him his base rate of pay for his ordinary hours for Easter Monday (21st April 2024) while he enjoys a paid day off and then he will resume his normal work roster on the Tuesday (22nd April 2025).
It's really important to note that you cannot temporarily alter rosters to avoid paying public holiday pay.
Remember also that anyone who is working on days gazetted as a public holiday may be entitled to public holiday loading. This will be determined by the modern award or EBA relevant to your industry or specific business, and the conditions of the employee’s employment contract, so make sure you check everything to avoid problems with incorrect payments.
And one more thing…
An employer can request (not direct) their employee work on a public holiday if the request is reasonable. When determining whether an employer’s request for work on a public holiday is reasonable, the following is considered:
- The nature of the employer’s workplace (including its operational requirements), and the nature of the work performed by the employee.
- The employee’s personal circumstances, including family responsibilities.
- Whether the employee could reasonably expect that the employer might request them to work on a public holiday.
- Whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday.
- The type of employment of the employee (for example, whether full-time, part-time, casual or shift work) and
- The amount of notice in advance of the public holiday given by the employer when making the request.
An employee is only allowed to refuse an employer’s request to work on a public holiday if the refusal is reasonable taking into consideration the factors listed above.
If you are still unsure as to how to apply your respective award or EBA, contact the HR Staff n’ Stuff team for guidance. We’re always here to help – especially when it comes to managing any surplus chocky Easter eggs or hot cross buns!
