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Australia Public Holiday Penalty Rates 2026: Modern Award Calculations & Rules

How Australian public holiday penalty rates work across Modern Awards. Step-by-step formulas, casual loading rules, refusal rights, and 2026-2027 pay rates.

The short answer

Under Australian workplace law and Modern Awards, public holiday penalty rates range between 200% and 250% of the base hourly rate for permanent employees, and up to 275% for casuals. Specific rates depend on the applicable award, employment classification, minimum shift lengths, and whether substitute day rules apply under the Fair Work Act.

On this page
  1. Public Holiday Penalty Rates at a Glance
  2. The Fair Work Act Framework & Modern Awards
  3. How Public Holiday Pay Is Calculated (Formulas & Steps)
  4. Visual Guide: Modern Award Multipliers
  5. Full-Time, Part-Time, and Casual Entitlements
  6. Is Public Holiday Pay Double Time? (200%, 225%, 250%)
  7. Public Holiday Overtime & Anti-Pyramiding Rules
  8. Can Your Employer Force You to Work?
  9. Substitute Holidays & Days in Lieu (TOIL)
  10. Public Holidays During Annual Leave and Sick Leave
  11. Good Friday, Christmas Day & Part-Day Holiday Pay
  12. Award-by-Award Penalty Rates Matrix
  13. Sources & Statutory Methodology
  14. Frequently Asked Questions

Public Holiday Penalty Rates at a Glance

  • Standard Permanent Rate (Full-Time / Part-Time): 225% to 250% of the base hourly wage (double time and a quarter to double time and a half).
  • Casual Loading Interaction: Casual penalty rates usually land between 250% and 275% of the base rate, which incorporates or supplements the standard 25% casual loading.
  • Unworked Public Holidays: Full-time and part-time staff who would ordinarily work on that calendar day receive their standard base pay without penalties under Section 116 of the Fair Work Act.
  • Right to Refuse: Under Section 114, employees hold the legal right to refuse a request to work if the request is unreasonable or if the employee refusal is based on reasonable grounds.
  • Annual Leave Protection: If a public holiday coincides with approved annual leave, it does not deduct from your annual leave balance under Section 89(2).

Public holiday penalty rates are statutory wage multipliers designed to compensate Australian workers for giving up personal rest time, community events, and family commitments. While many workers informally describe public holiday pay as "double time," Australian workplace law sets varied percentages across different industries.

Under the national workplace relations system administered by the Fair Work Ombudsman and the Fair Work Commission, your actual payment depends on your governing Modern Award, your employment status (full-time, part-time, or casual), and your agreed hours of work. If you are checking nationwide dates alongside this guide, review our Australia Public Holidays Calendar.

The Fair Work Act Framework & Modern Awards

Public holiday entitlements across Australia rest on a two-tier legal structure: the National Employment Standards (NES) contained in the Fair Work Act 2009 (Cth), and Modern Awards or Enterprise Agreements (EBAs).

1. The National Employment Standards (Part 2-2, Division 10)

The Fair Work Act establishes the baseline rule: employees have the right to be absent from work on a public holiday without loss of base pay if the day falls on their normal roster pattern. The NES defines statutory public holidays across Australia and provides the rules for reasonable work requests, employee refusals, and leave deductions.

2. Modern Awards and Enterprise Agreements

While the NES guarantees paid time off for permanent workers who do not work, it does not set the specific dollar rate for those who do work. That function is handled by 121 industry and occupational Modern Awards. Each award sets its own penalty rate percentages, minimum shift engagements, and rules for taking time off in lieu instead of premium pay.

How Public Holiday Pay Is Calculated (Formulas & Steps)

Calculating your public holiday pay requires four distinct steps. Following this sequence prevents the common mistake of compounding casual loading on top of an already loaded penalty rate.

Step 1: Identify Your Minimum Base Hourly Rate

Locate your classification level in your Modern Award to find your ordinary hourly rate. This must be the base rate, excluding casual loadings, weekend penalties, allowances, or overtime premiums.

Step 2: Find Your Award Public Holiday Percentage

Consult the overtime and penalty rate clause in your award. Modern Awards specify public holiday pay as a percentage of the minimum hourly rate (for example, 225%, 250%, or 275%).

Step 3: Check Minimum Engagement Hours

Most awards require employers to pay for a minimum number of hours when a worker reports for duty on a public holiday, even if the shift finishes early. Common minimum engagement minimums are:

  • General Retail Industry Award: 3 hours minimum.
  • Hospitality Industry (General) Award: 2 hours for casuals; 4 hours for full-time and part-time staff.
  • Clerks Private Sector Award: 4 hours minimum.
  • SCHADS Award: 2 hours for casual home care; 4 hours for community service workers.

Step 4: Apply the Mathematical Formula

For permanent full-time and part-time staff:

Total Pay = Base Hourly Rate × Penalty Percentage × Hours Worked (or Minimum Engagement)

For example, consider a permanent Level 1 retail employee with an ordinary rate of $26.00 per hour working a 6-hour shift on Easter Monday under the General Retail Industry Award (225% penalty):

$26.00 × 2.25 × 6 hours = $351.00 total gross pay (Effective hourly rate: $58.50)

To calculate working days and plan schedules between public holiday dates, you can use our Working Days Calculator.

Visual Guide: Modern Award Multipliers

This chart illustrates how base wages scale across standard, weekend, and public holiday shifts under typical Australian awards:

Pay Multipliers by Shift Type (Percentage of Base Hourly Rate)
OrdinaryPermanent100%OrdinaryCasual (25%)125%SundayPermanent150-200%HolidayRetail & Hosp225%HolidayStandard Perm250%HolidayCasual / SCHADS250-275%

Full-Time, Part-Time, and Casual Entitlements

Your employment contract dictates whether you receive payment when you take a holiday off, as well as how your hourly rate calculates when you work.

1. Full-Time Employees

  • If you do not work: You receive your ordinary base pay for your standard hours (usually 7.6 hours) provided the holiday falls on a normal working day. No shift loadings, weekend premiums, or overtime are added.
  • If you do work: You receive the full award public holiday penalty rate for every hour worked, subject to the minimum engagement rule.

2. Part-Time Employees

  • If you do not work: You are entitled to be paid for the holiday only if the public holiday falls on a day you are normally rostered to work. If Monday is not part of your agreed working pattern, you do not receive payment for an Easter Monday or Labour Day closure.
  • If you do work: You receive the public holiday penalty rate for all hours worked, plus any agreed part-time allowances.
  • Roster alterations: Employers cannot adjust part-time rosters specifically to avoid public holiday pay obligations. If your roster is changed without valid operational reasons, you may challenge the adjustment under the Fair Work Act General Protections provisions.

3. Casual Employees

  • If you do not work: Casual employees have no entitlement to payment for public holidays on which they do not work.
  • If you do work: Casuals receive premium rates. Most modern awards deal with casual loading on public holidays in one of two ways: either the penalty rate is calculated as a single flat figure that incorporates the casual loading (for example, 250% of the base rate in the Clerks Award), or the award adds the 25% casual loading to a permanent penalty rate (250% + 25% = 275% in SCHADS).

Is Public Holiday Pay Double Time? (200%, 225%, 250%)

A widespread assumption in Australian workplaces is that public holiday work is always "double time" (200%). While double time was standard in mid-twentieth-century industrial determinations, modern Fair Work awards rarely set the rate at an even 200%.

Instead, the majority of Modern Awards mandate one of three tiers:

  • 200% (Double Time): Found primarily in select public sector agreements or specialized trade awards when accompanied by an alternative day off.
  • 225% (Double Time and a Quarter): The standard rate for permanent full-time and part-time staff under the General Retail Industry Award [MA000004], the Hospitality Industry (General) Award [MA000009], the Restaurant Industry Award [MA000011], and the Fast Food Industry Award [MA000003].
  • 250% (Double Time and a Half): The dominant benchmark across clerical, professional, and industrial awards, including the Clerks Private Sector Award [MA000002], the Manufacturing and Associated Industries Award [MA000010], and the Hair and Beauty Industry Award [MA000005].

For employees aiming to plan extended breaks around these penalty windows, explore our 2026 PTO Maximizer Tool to identify strategic leave dates.

Public Holiday Overtime & Anti-Pyramiding Rules

What happens if an employee works overtime hours on a gazetted public holiday? For example, if a full-time employee works 10 hours instead of their standard 7.6 hours, do they receive overtime on top of the holiday penalty rate?

The Anti-Pyramiding Principle

Virtually all Modern Awards contain an anti-pyramiding clause. This rule states that penalty rates, overtime rates, and special allowances do not multiply on top of one another unless explicitly stated in the award text.

Instead, the employer applies the higher single applicable rate:

  • If ordinary public holiday work pays 250%, and normal overtime pays 150% for the first two hours and 200% thereafter, the employee receives 250% for all hours worked. You do not calculate 250% × 150% (which would produce an inaccurate 375%).
  • Certain awards (such as the Building and Construction General On-Site Award) specify dedicated public holiday overtime rates, often setting overtime worked on a public holiday at 250% for all hours, including meal break penalties.

Can Your Employer Force You to Work on a Public Holiday?

This is one of the most contentious workplace questions in Australia. Under Section 114 of the Fair Work Act 2009, an employer cannot simply order an employee to work on a public holiday. The law requires a specific interaction:

  1. The employer must first make a reasonable request that the employee work.
  2. The employee has the legal right to refuse the request if the request is not reasonable, or if the refusal is reasonable.

What Makes a Request or Refusal Reasonable?

Section 114(4) lists the statutory factors courts evaluate:

  • Nature of the Workplace: Is the business an essential or continuous operation, such as a hospital, aged care facility, hotel, or emergency service?
  • Personal Circumstances: Does the employee have family caring responsibilities, childcare issues, or religious commitments on that date?
  • Remuneration: Does the worker receive penalty rates, overtime, or a salary that fairly reflects working on public holidays?
  • Advance Notice: Did the employer give sufficient notice when requesting holiday work, and did the employee give sufficient notice when refusing?
  • Employment Category: Is the worker full-time, part-time, or casual?

In 2023, the landmark Federal Court decision in CFMEU v OS MCAP Pty Ltd reaffirmed that employment contracts cannot contain blanket clauses forcing staff to work all public holidays automatically. An employer must make an actual request, giving the worker an opportunity to accept or reasonably decline.

Substitute Holidays & Days in Lieu (TOIL)

State and federal legislation allows for public holidays to be substituted or taken as alternative days off under specific rules.

1. State-Declared Substitute Holidays

When major holidays land on a Saturday or Sunday, state governments proclaim substitute days. For example, if Australia Day (January 26) falls on a Sunday, the statutory public holiday transfers to Monday, January 27. When this occurs, penalty rates apply to the official substitute Monday in most award jurisdictions. For a detailed breakdown of state rollover mechanisms, see our guide on Weekend Holiday Rollover Rules.

2. Award-Based Day in Lieu (DIL) Agreements

Many awards permit an employer and an individual employee to agree to alternative arrangements instead of receiving high cash penalties:

  • Payment at 100% plus Time in Lieu: The worker is paid standard base rates for hours worked on the holiday and receives equivalent paid time off (TOIL) added to their leave balance.
  • Payment at 125% plus Annual Leave Day: Under the Hospitality Award, an employer and permanent employee can agree to work at a lower penalty rate (such as 125%) in exchange for an extra day of paid annual leave.

Public Holidays During Annual Leave and Sick Leave

Australian workplace legislation strictly protects leave balances when public holidays occur during personal leave blocks.

Public Holidays During Annual Leave (Section 89)

Under Section 89(2) of the Fair Work Act, if a gazetted public holiday falls during an employee period of approved paid annual leave, the employee is taken not to be on annual leave on that day. The employer must pay the employee base pay for the public holiday, and no deduction can be made from their accumulated annual leave balance.

Public Holidays During Sick Leave (Section 98)

Under Section 98, if a public holiday occurs while an employee is taking paid personal or carer leave, the employee is treated as observing the public holiday. The day is paid as a public holiday, and no deduction is made from their sick leave balance.

Good Friday, Christmas Day & Part-Day Holiday Pay

Not all public holidays carry identical operational rules across Australian states and territories.

Good Friday and Christmas Day

Good Friday and Christmas Day hold special status under retail trading legislation in states such as New South Wales, Victoria, and Western Australia. Most major retail establishments are prohibited from opening, with exceptions for essential services like service stations and pharmacies. Where businesses do operate, standard Modern Award public holiday penalty rates apply.

Christmas Eve and New Year Eve Part-Day Holidays

South Australia and the Northern Territory have gazetted part-day public holidays from 7:00 PM to midnight on Christmas Eve (December 24) and New Year Eve (December 31). Employees working during these five evening hours must be paid full public holiday penalty rates, while day shifts prior to 7:00 PM are paid at standard ordinary rates. You can inspect opening schedules for essential retail and services in our What Stays Open on Public Holidays Guide.

Award-by-Award Penalty Rates Matrix

This reference matrix outlines public holiday rates across key Australian industries. Percentages represent multiples of the minimum base hourly rate.

Modern Award NameAward CodeFull-Time & Part-Time RateCasual Penalty RateMinimum Engagement
General Retail Industry AwardMA000004225%250%3 Hours
Hospitality Industry (General) AwardMA000009225% (or 125% + DIL)250%2 Hours (Casual) / 4 Hours (Perm)
Restaurant Industry AwardMA000011225%250%2 Hours
Fast Food Industry AwardMA000003225%250%3 Hours
Clerks Private Sector AwardMA000002250%250%4 Hours
SCHADS (Social & Disability Care)MA000100250%275%2 Hours
Manufacturing & Associated IndustriesMA000010250%250%4 Hours
Hair and Beauty Industry AwardMA000005250%250%3 Hours
Building & Construction General On-SiteMA000020250%250%4 Hours
Professional Employees AwardMA000065100% (or DIL per agreement)250% (if applicable)Standard roster

To check whether today is currently an active public holiday in your state or territory, review the live status feed on our Today Worldwide Status Page.

Sources & Statutory Methodology

Pay rates, penalty benchmarks, and leave provisions in this guide are derived directly from the Fair Work Act 2009 (Cth), Part 2-2, Division 10 (National Employment Standards), authoritative wage determinations from the Fair Work Commission, and published Modern Award pay guides for the 2025 to 2026 financial years. Individual enterprise bargaining agreements (EBAs) or registered contracts may establish higher conditions than the modern award floor.

Written by Sahin Choudhury

Founder and lead researcher at HolidayExplore. Researching statutory calendars, central banking clearing schedules, and workplace award regulations.

Frequently Asked Questions

What is the standard public holiday penalty rate under Australian Modern Awards? ▾
Under most Australian Modern Awards, permanent full-time and part-time employees working on a public holiday are entitled to 225% to 250% of their base ordinary hourly rate (double time and a quarter to double time and a half).
Do casual employees receive penalty rates when working on a public holiday in Australia? ▾
Yes. Casual employees typically receive between 250% and 275% of their base rate, which incorporates both the public holiday penalty rate and their standard 25% casual loading.
What happens if a public holiday falls on a weekend in Australia? ▾
Under state and territory public holiday acts, when fixed-date holidays (such as Australia Day, Christmas Day, or New Year's Day) fall on a weekend, statutory substitute holidays roll forward to the following Monday, triggering penalty rates on the substitute day.
Can an Australian employer force an employee to work on a public holiday? ▾
Under Section 114 of the Fair Work Act 2009, an employer can make a reasonable request for an employee to work on a public holiday, but the employee has the statutory right to refuse if the refusal is based on reasonable grounds.
Are full-time employees entitled to payment if they do not work on a public holiday? ▾
Under Section 116 of the Fair Work Act, a permanent employee who would normally work on the day the holiday falls is entitled to be absent with ordinary base pay (excluding overtime or incentive payments).
How does public holiday pay work for part-time workers whose rostered day off falls on a holiday? ▾
If a public holiday falls on a day a part-time employee is not normally rostered to work, they generally do not receive holiday pay, unless their specific Modern Award contains an alternate day off entitlement.
How do state-specific public holidays affect national workplace contracts? ▾
Public holidays are declared by individual state and territory governments. If a worker is physically performing duties in Victoria on Melbourne Cup Day, Victorian public holiday rates apply, regardless of where the employer's head office is based.

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