As Easter approaches, it is important to understand obligations regarding employee entitlements during this holiday period and here is a handy guide for our members. There are key industrial relations requirements to be aware of to remain compliant and maintain positive workplace relations.
Australian Capital Territory (ACT), New South Wales (NSW), Queensland (QLD), South Australia (SA), Victoria (VIC), Northern Territory (NT)
Easter Saturday and Easter Sunday are also public holidays in these states, extending the holiday period to include a four-day long weekend.
Western Australia (WA)
Easter Sunday was officially recognized as a public holiday starting from 2022, in addition to Good Friday and Easter Monday. However, Easter Saturday is not a public holiday.
Tasmania (TAS)
Easter Tuesday is an additional holiday, but it is unique in that it is observed only by certain government employees. The general public has Good Friday and Easter Monday as their official holidays.
* Easter Tuesday is a holiday for Government employees in TAS only
Employees who would normally work on these days but do not because of the public holiday are entitled to be paid their base rate of pay for their ordinary hours. This is often referred to as “public holiday pay.” Remember that this applies to full-time and part-time employees, while casual employees typically do not receive payment for public holidays they do not work.
Our members small businesses who do operate during Easter, should be aware that: Employees can refuse to work on a public holiday if they have reasonable grounds, such as family responsibilities or prior commitments. This refusal must be reasonable in the circumstances.
If employees do work on public holidays, they are generally entitled to penalty rates as specified in their relevant award, enterprise agreement, or employment contract. These penalty rates are typically 150-250% of the normal hourly rate, depending on the applicable industrial instrument.
Of course, different modern awards contain specific provisions regarding public holidays. For instance:
When requesting employees to work during Easter public holidays:
Many states and territories have specific trading restrictions during Easter, particularly on Good Friday. These restrictions may limit which businesses can operate and during what hours. Check with your state or territory’s regulatory body for specific rules that apply to your business type and location.
Easter often coincides with school holidays, making it a popular time for employees to request annual leave. Our members small businesses should consider implementing:
