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How to correctly pay your staff for public holidays

 

When public holidays come up, it is important that you are aware of how to properly pay your staff.

With regards to the expectations of staff on public holidays, the National Employment Standards (NES) Division 10, Clause 114, outlines that an employee is entitled to be absent from his or her employment on a day or part-day that is a public holiday. However, an employer may request an employee to work on a public holiday if the request is reasonable.

Guidelines for when an employee is not working on a public holiday

If an employee is absent from his or her employment on a day that is a public holiday, the employer must pay the employee at their base rate of pay for the employee’s ordinary hours of work on the day. If an employee would not normally have ordinary hours on the day that falls on a public holiday, they would not be entitled to payment.

However, where an employee under the Nurses Award 2020, has a public holiday which falls on their rostered day off, Clause 28 prescribes that all full-time employees will receive a day’s ordinary pay, except where the public holiday falls on Saturday or Sunday with respect to Monday-Friday employees.

Penalty rates when working on public holidays

The necessary penalty rates associated with employees working on public holidays are respective to the Award they fall under, either the HPSS Award or the Nurses Award. A summary can be found below:

Health Professional and Support Services (HPSS) staff

The HPSS award states that any employee required to work on a public holiday will be paid 250 per cent of the minimum hourly rate to their classifications and pay point for all time worked.

Nurses Award
The Nurses Award outlines that employees will be paid at:

For a full-time and part-time employee 200 per cent of the minimum hourly rate applicable to their classification and pay point. For a casual employee, 200 per cent of the casual hourly rate.

If you would like some more guidance on ensuring you are paying your workers accordingly during public holidays, please get in touch with our Workplace Relations Team on (07) 3872 2222 or workplacerelations@amaq.com.au.