Public holidays – What can you ask your team and how to pay them
Across the agricultural sector, work doesn’t always stop just because the calendar says it’s a public holiday. Animals still need feeding, crops still need water, machinery still needs tending, and some tasks can’t simply be pushed to the next day.
The rules around asking people to work on public holidays, and how to pay them when they don’t, have been clarified in recent decisions, and it’s important that business owners and managers understand what is (and isn’t) allowed.
You can ask employees to work on a public holiday – but you can’t require it.
Under the Fair Work Act 2009, an employer may request an employee to work on a public holiday if the request is reasonable.
What you cannot do is treat public holiday work as automatic requirement or assume employees have no choice.
Employees have the right to refuse a request if the refusal is reasonable.
What makes a request and/or refusal “reasonable”?
When assessing reasonableness, the law looks at factors such as:
The nature of the work (eg. livestock care, harvest timing, irrigation cycles, packing deadlines)
The employee’s personal circumstances
Whether the employee would normally work that day
Whether they’re full-time, part-time, or casual
How much notice the employer gave
Whether the employee could reasonably expect work on public holidays.
A “request” must genuinely give an employee the option to say no.
A roster stating, for example, “You are required to work Christmas Day” is not compliant.
If an employee refuses - what now?
An employee can refuse only if their refusal is reasonable.
If both the request and the refusal are reasonable, the employer can’t force the employee to work. You may need to adjust staffing or make alternative arrangements.
If the refusal is not reasonable, you may direct the employee to work — but this must be handled carefully, and award conditions still apply.
How to pay permanent employees who DON’T work on a public holiday
If a full-time or part-time permanent employee normally works on the day the public holiday falls, and you don’t require them to work, then under the Fair Work Act they must be paid their base rate of pay for their ordinary hours.
Typically, this payment:
Does NOT include penalties
Does NOT include overtime
Does NOT include bonuses or loadings
It's simply the base hourly rate × their ordinary hours for that day, however it is also important to check the terms of the Award for how public holidays are paid as it may include things like all-purpose allowances.
This applies even if:
You close the business for the day
There is no work available
The employee is not required or not asked to come in
Casual employees do not receive paid public holidays unless their Award or agreement specifically provides for it.
Please note that the terms of the Award or enterprise agreement as well as an employee’s Contract of Employment should always be checked for specific terms.
Paying employees who DO Work on a public holiday
If an employee works on a public holiday, you must pay them public holiday penalty rates, as set out in the relevant Award or enterprise agreement.
Practical tips for managing the upcoming Public Holiday season
Plan ahead - Public holidays come around every year, be ready for them.
Request, don’t require – Use language like ‘we are requesting volunteers for the upcoming public holiday shift. If you are able to work, please let us know’.
Keep records – Document the request (how / when the request was made); the employee’s response.
Check your Award – penalty rates and rules vary across awards and change from time to time. Double check compliance with your award conditions. Just because you’ve always done something a certain way doesn’t mean it’s correct.
Treat your team members fairly – consistency builds trust.
If you’d like help understanding the rules that apply to your specific award, reach out to the workplace relations support line on 07 3620 3844 or email wrteam@growcom.com.au - we’re happy to help you navigate your obligations with confidence.
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