Changes to public holiday substitution rules

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Changes to public holiday substitution rules

On 4 October 2019, terms allowing an employer to unilaterally substitute a public holiday or substitute a public holiday with agreement from the majority of their staff will be removed from awards that contain them. Instead, employers and individual employees can agree to substitute another day (or part-day) for a public holiday.

Public holiday entitlements will apply to the substituted day for any employees that agree. For any employees that don’t agree to the substitution, the original public holiday will attract public holiday entitlements.

You can read the Fair Work Commission’s decision for more information.

Please note new changes:

All employees working on a public holiday, are entitled to be paid at the Horticulture Award Public Holiday rate of 200%. A direct excerpt from the award is contained below.

28. Public holidays
28.1 Public holidays are provided for in the NES.
28.2 Substitution of certain public holidays by agreement at the enterprise
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
28.3 Public holiday rates of pay—other than casual employees
All work performed on public holidays will be paid for at the rate of 200% of the ordinary rate.
28.4 Public holiday rates of pay—casual employees
All hours worked by a casual employee on a public holiday (both ordinary hours and any overtime) will be paid at a rate of 225% of the employee’s minimum hourly wage for his or her classification (inclusive of the casual loading).
NOTE: For provisions relating to part-day public holidays see Schedule E—Part-day Public Holidays.