HR Legal's Phoebe Tolich explains all the legalities.
Public holidays
Friday April 14 (Good Friday) and Monday April 17 (Easter Monday) are public holiday throughout Australia. In Victoria and New South Wales, Saturday April 15 and Sunday April 16 are also public holidays.
Employees who work on these days may be entitled to penalty rates, time in lieu or equivalent annual leave for each hour worked under the terms of any applicable modern award, enterprise agreement or employment contract.
Note: The Fair Work Commission’s recent decision to reduce penalty rates in the hospitality, retail and fast-food sectors will not take effect until July 1, 2017. This means full penalty rates are still in place and must be paid to employees over this Easter period.See the table below for more information.
Restricted trading
Most states adhere to limited trading over the Easter period. For example, in NSW there is restricted trading on Good Friday and Easter Sunday which means only "exempt shops" are permitted to open: for example, newsagencies, chemists, restaurants and cafes.
Requests to work
Employers have the right to ask their employees to work on a public holiday, so long as the request is reasonable. However, employees can refuse to work on a public holiday if they have reasonable grounds (for example, family responsibilities).
Entitlement to pay
Permanent employees who are absent from work on a public holiday should be paid their base rate of pay for the ordinary hours they would have worked. However, a permanent employee is not entitled to payment if the public holiday falls on a day they would not normally work. Casual employees have no entitlement to be paid if they do not work on a public holiday.
The Penalty Rates
If your business requires further assistance with checking the minimum pay rates and entitlements that apply at your workplace ahead of the Easter holidays, contact HR Legal.
