Can I mandate staff to take leave on public holidays?

Many Australian businesses decide to shut down operations, particularly over the Christmas and New Year period and Easter. If stipulated in your employment agreements and contracts, the Fair Work Ombudsman states you may be able to ask employees to take leave on days that they would usually have worked in between the public holidays. For example, 27 to 31 December are common shutdown days.

Australian Public Holidays: A Guide for Employers

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Australian public holidays include eight national holidays each year, while each state and territory has additional dates of its own. If you decide your business will open on a public holiday, you must ensure you follow the appropriate employment standards. These may include paying penalty rates to employees.

In this article about Australian public holidays, any employer can find out more about public holiday dates and the laws they need to follow.

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Australia’s national public holidays

The eight national public holidays generally recognise key religious and cultural dates of the year:

New Years Day – 1 January
Australia Day – 26 January
Anzac Day – 25 April
Christmas Day – 25 December
Boxing Day – 26 December

Easter also has three national public holidays, on Good Friday, Easter Sunday and Easter Monday. However, the dates vary each year.

Some states and territories recognise the same occasion on different dates. This may add a layer of complexity if your business has employees, clients or suppliers in different regions. For example, the King’s Birthday public holiday is observed in June by some regions and in October by others.

Understanding the landscape of public holidays is essential for effective workforce planning and compliance.

Public holidays by state

The Fair Work Ombudsman provides a helpful list of public holidays for all states and territories that is updated each year. It also outlines specific public holiday dates determined for the year ahead, which can help you plan.

Generally, these are the dates that you need to keep in mind in each state and territory. Some are always observed on an actual date. When these dates fall on a weekend, an additional public holiday on the Monday may be observed. Other public holidays are observed on a day, such as the first Monday of the month.

Australian Capital Territory

These are the dates observed as public holidays in the ACT:

New Year’s Day – 1 January
Australia Day – 26 January
Canberra Day – the second Monday of March
Good Friday – the Friday before Easter Sunday
Easter Saturday – the day after Good Friday
Easter Sunday – in March or April, determined by the Christian calendar
Easter Monday – the day after Easter Sunday
Anzac Day – 25 April
Reconciliation Day – the first Monday on or after May 27
King’s Birthday – the second Monday of June
Labour Day – the first Monday of October
Christmas Day – 25 December
Boxing Day – 26 December.

The ACT has two public holidays that are not celebrated in other regions – Canberra Day and Reconciliation Day.

New South Wales

These are the dates observed as public holidays in NSW:

New Year’s Day – 1 January
Australia Day – 26 January
Good Friday – the Friday before Easter Sunday
Easter Saturday – the day after Good Friday
Easter Sunday – in March or April, determined by the Christian calendar
Easter Monday – the day after Easter Sunday
Anzac Day – 25 April
King’s Birthday – the second Monday of June
Labour Day – the first Monday of October
Christmas Day – 25 December
Boxing Day – 26 December.

NSW recognises three public holidays in addition to the national days. These are Labour Day, Easter Saturday and King’s Birthday.

Northern Territory

These are the dates observed as public holidays in the NT:

New Year’s Day – 1 January
Australia Day – 26 January
Good Friday – the Friday before Easter Sunday
Easter Saturday – the day after Good Friday
Easter Sunday – in March or April, determined by the Christian calendar
Easter Monday – the day after Easter Sunday
Anzac Day – 25 April
May Day – the first Monday in May
King’s Birthday – the second Monday of June
Picnic Day – the first Monday in August
Christmas Eve – 24 December (from 7pm to midnight)
Christmas Day – 25 December
Boxing Day – 26 December
New Year’s Eve – 31 December (from 7pm to midnight).

The NT has two partial public holidays on Christmas Eve and New Year’s Eve.

Queensland

These are the dates observed as public holidays in QLD:

New Year’s Day – 1 January
Australia Day – 26 January
Good Friday – the Friday before Easter Sunday
The Day after Good Friday – the Saturday after Good Friday
Easter Sunday – in March or April, determined by the Christian calendar
Easter Monday – the day after Easter Sunday
Anzac Day – 25 April
Labour Day – the first Monday in May
Royal Queensland Show (Brisbane area only) – the second Wednesday in August
King’s Birthday – first Monday of October
Christmas Eve – 24 December (from 6pm to midnight)
Christmas Day – 25 December
Boxing Day – 26 December.

QLD recognises Easter Saturday under a different name. It also has a public holiday that is only observed by businesses located in its capital city in August. Christmas Eve is also a partial public holiday.

South Australia

These are the dates observed as public holidays in SA:

New Year’s Day – 1 January
Australia Day – 26 January
Adelaide Cup Day – the second Monday in March
Good Friday – the Friday before Easter Sunday
Easter Saturday – the day after Good Friday
Easter Sunday – in March or April, determined by the Christian calendar
Easter Monday – the day after Easter Sunday
Anzac Day – 25 April
King’s Birthday – the second Monday of June
Labour Day – the first Monday in October
Christmas Eve – 24 December (from 7pm to midnight)
Christmas Day – 25 December
Proclamation Day – 26 December
New Year’s Eve – 31 December (from 7pm to midnight).

SA has its own public holiday in March and has two partial public holidays on Christmas Eve and New Year’s Eve. It also observes Proclamation Day on 26 December instead of 28 December.

Tasmania

These are the dates observed as public holidays in Tasmania:

New Year’s Day – 1 January
Australia Day – 26 January
Royal Hobart Regatta Day (southern Tasmanian regions only) – the second Monday in February
Eight Hours Day – the second Monday of March
Good Friday – the Friday before Easter Sunday, determined by the Christian calendar
Easter Monday – the day after Easter Sunday
Easter Tuesday (generally Tasmanian Public Service only) – the Tuesday after Easter Sunday
Anzac Day – 25 April
King’s Birthday – the second Monday of June
Recreation Day (northern Tasmanian regions only) – the first Monday in November
Christmas Day – 25 December
Boxing Day – 26 December.

Tasmania has two public holidays, Royal Hobart Regatta Day and Recreation Day, that are only observed in certain areas of the state. It also observes Eight Hours Day.

Victoria

These are the dates observed as public holidays in VIC:

New Year’s Day – 1 January
Australia Day – 26 January
Labour Day – the second Monday of March
Good Friday – the Friday before Easter Sunday
Saturday before Easter Sunday – the Saturday before Easter Sunday
Easter Sunday – in March or April, determined by the Christian calendar
Easter Monday – the day after Easter Sunday
Anzac Day – 25 April
King’s Birthday – the second Monday of June
Friday before the AFL Grand Final – the date varies, subject to AFL schedule (although usually it is the last Friday in September)
Melbourne Cup Day – the first Tuesday in November
Christmas Day – 25 December
Boxing Day – 26 December.

VIC has two of its own public holidays to observe significant sporting events, the Friday before the AFL Grand Final and Melbourne Cup Day.

Western Australia

These are the dates observed as public holidays in WA:

New Year’s Day – 1 January
Australia Day – 26 January
Labour Day – the first Monday in March
Good Friday – the Friday before Easter Sunday
Easter Sunday – in March or April, determined by the Christian calendar
Easter Monday – the day after Easter Sunday
Anzac Day – 25 April
Western Australia Day – the first Monday in June
King’s Birthday – the fourth Monday of September or the first Monday of October for most areas, although regional areas may observe it on a different date
Christmas Eve – 24 December (from 7pm to midnight)
Christmas Day – 25 December
Proclamation Day – 26 December.

WA observes the King’s Birthday in September or October, on a date determined by the state’s governor. However, in some regional areas, it may be observed on another date during the year that coincides with a significant regional date or event.

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FAQs about Australian public holidays

If you want to open your business and trade on a public holiday, you must ensure that your business is legally permitted to do so. Most state and territory governments have each specified that some Australian public holidays are restricted trading days on which only certain businesses can operate unless they have an exemption.

Information is available about public holiday trading for the following regions:

In the Australian Capital Territory, businesses can trade without restrictions on public holidays because trading hours are deregulated.

Businesses in some industries, such as the retail sector and the hospitality industry, tend to remain open on most public holidays. Good Friday and Anzac Day may have their own restrictions. This means that you may require your staff to work on public holidays. Keep in mind that you may have to pay a higher rate on public holidays under the National Employment Standards.

Under these standards, your employees also have a right to reasonably refuse to work. This means they are protected from adverse action for refusing to work if their refusal is deemed reasonable.

For example, if the employee does not work for religious reasons, they are protected from adverse action, such as having their total number of shifts reduced.

To help boost your employer brand, consider the following when it comes to working on public holidays:

Consider your staff’s family commitments and personal circumstances.
Offer a bonus payment for work on public holidays.
Give notice when requesting someone to work on public holidays.
Set up a roster to rotate employees working on holidays to keep things fair in your team.
Accept that an employee may make use of their right to decline to work on a public holiday.

The Fair Work Ombudsman provides clear guidance on pay rates, leave arrangements and rostering for public holidays. Employers can use these resources to navigate their obligations.

Under the Fair Work Act, many employees are generally entitled to be paid for the public holiday, even if your business is closed or your employees do not work that day. If your business is open, for those who do work, other entitlements such as penalty rates may need to be paid.

Employers must be mindful of the different public holidays observed in each state and territory, as well as local public holidays that may only apply to certain regions or industries. When a public holiday falls on a Saturday or Sunday, additional rules may apply, such as providing a substitute day off or adjusting pay rates, depending on the relevant state or territory legislation.

Staying informed about local public holidays and different dates across states and territories helps employers provide the correct entitlements and avoid potential conflict, disputes or penalties.

Public holidays are a part of Australia’s workplace culture. Planning ahead for days such as Christmas Day and Australia Day ensures smooth business operations and a positive experience for both staff and customers. By staying informed and adhering to public holiday regulations, employers can foster a positive workplace, avoid penalties and contribute to a harmonious and productive environment for all.

States and territories may have different regulations for when a public holiday occurs on a weekend. If a public holiday occurs on a Saturday or Sunday, some states provide an additional public holiday on the following Monday instead. Others will maintain the public holiday on the weekend. As the dates shift year to year, what occurred in the past may not occur in the future.

As an employer, it is important to keep track of which public holidays may affect your staff and what rates of pay they are entitled to if they come into work on any of those days. If not, your business may face penalties.

The Fair Work Ombudsman actively enforces public holiday entitlements. Failing to provide correct pay or observe public holidays may result in significant fines.

As well as the financial penalties, non-compliance with public holiday laws can also damage your business’s reputation and employee relations. Staying informed and adhering to the latest public holiday regulations is essential for every business operating in Australia.