Do You Have To Work Public Holidays In Australia?

Public holidays are a busy time for many Australian businesses - hospitality, retail, logistics, healthcare and events often see their biggest spikes in demand when everyone else is off work.

At the same time, your team is entitled to fair treatment and a proper work-life balance. So how do you roster fairly, pay correctly and stay compliant without disrupting operations?

In this guide, we break down when you can ask staff to work, what “reasonable” really means under Australian law, and the documents and processes that help you manage public holiday rostering confidently.

Public Holidays And Your Business: What The Law Says

Under the Fair Work framework in Australia, an employer can request an employee to work on a public holiday, and an employee can refuse if either the request is unreasonable or their refusal is reasonable.

Whether a request or refusal is “reasonable” depends on all the circumstances, including factors such as:

• The nature of your workplace and the employee’s role (for example, hospitality or emergency services often need public holiday work).
• The employee’s personal circumstances, including family or caring responsibilities.
• Whether the employee could reasonably expect to work public holidays (based on their pattern of work or the business type).
• Whether you’re offering the appropriate compensation (penalty rates or time off in lieu, as applicable).
• The amount of notice you gave the employee and the amount of notice they gave when refusing.
• Any terms in the relevant modern award or enterprise agreement.

In practice, this means you can ask - but you should plan ahead, give proper notice, consult your team, and consider reasonable alternatives if someone can’t work.

It’s also important to check the modern award or enterprise agreement that applies to your business. These instruments often contain specific rules about public holiday rosters and compensation. If you’re unsure which award applies or how to interpret it, getting help with Modern Awards can save time and reduce risk.

Can You Require Employees To Work On A Public Holiday?

Short answer: you can make a request - not an automatic requirement. The request needs to be reasonable in the circumstances, and you should consider any reasonable refusal.

Here’s a practical way to apply the “reasonableness” test:

• Explain the operational need (e.g. trading hours, pre-booked events, patient care).
• Give as much notice as possible and consult early on preferences.
• Rotate public holiday shifts fairly across the team across the year.
• Offer the correct penalty rates or an agreed time off in lieu (TOIL) arrangement if allowed under the award or agreement.
• Consider individual circumstances (caring duties, religious observance, health).

Let’s say you run a café and trade on most public holidays. It’s reasonable to request coverage for the day, provided you roster fairly, pay the right public holiday penalties and consider staff who have strong personal reasons not to work.

Conversely, a last-minute demand to work with no penalty rate and no clear operational reason is likely to be unreasonable.

Managing Rosters, Penalty Rates And Time Off

Robust rostering, the right compensation and clear communication will keep you compliant and help your team feel supported.

Build Fair, Compliant Rosters

Use a transparent approach: call for volunteers first, then fill remaining shifts in a fair rotation. Give generous notice wherever possible. Good rostering practices reduce refusals and last-minute issues - and they’re part of your obligations around employee rostering in Australia.

If you need to adjust schedules, consider your obligations when changing rosters, including minimum notice requirements set out in the relevant award.

Pay The Right Rates

Most awards and agreements set higher rates for public holidays. These penalties are separate from weekend pay rates and may be significantly higher.

If your award allows TOIL instead of penalties, make sure you have a written TOIL agreement with each employee and that the accrual and use of TOIL is recorded properly. This sits alongside your obligation to pay overtime where applicable.

Check Maximum Hours And Breaks

Even during peak trading, employees are entitled to safe working hours. Be mindful of maximum working hours and entitlements to breaks. Public holiday shifts often run long - plan coverage so staff get proper rest and your workplace remains safe.

Casuals, Part-Timers And Contractors

Casuals may have different penalty entitlements from part-time or full-time staff, and their rights are determined by the relevant award or agreement. Also remember that independent contractors aren’t employees: if you rely on contractors for public holiday coverage, ensure your engagement model is correct and not a sham contracting situation. Clear documentation and classification helps avoid disputes.

How To Handle Refusals And Resolve Disputes

Even with good planning, someone may decline to work a public holiday. You’ll reduce conflict if you document reasons, seek alternatives and remain consistent.

• Ask for the reason and consider it against the “reasonable refusal” factors (caring responsibilities, health, religious observance, short notice, etc.).
• Offer alternatives where possible, such as a different shift or swapping with a colleague.
• Review your award or agreement to confirm any additional consultation or rostering rules.
• Keep a record of your request, the employee’s response and what you considered.
• If you still need coverage, go back to volunteers or the rotation list - avoid singling out individuals repeatedly.

If a disagreement escalates, check your internal dispute resolution procedure. Many employers capture this in a Workplace Policy or staff handbook so expectations are clear and consistent.

Put It In Writing: Contracts And Policies That Help

The best time to set expectations is before the holiday season arrives. A few well-drafted documents make public holiday management simpler and safer for everyone.

• Employment Contract: Clarifies ordinary hours, rostering, public holiday work, TOIL (if applicable), and how changes are handled under the award or agreement.
• Workplace Policy: Sets a fair process for public holiday rostering, preferences, rotation, notice, and dispute resolution.
• Modern Awards: Ensure your contracts and policies align with the applicable award terms on public holiday work, penalties and consultation.
• Roster Procedure: A simple written process (internal) for calling volunteers, rotating shifts, and documenting notice helps you apply the “reasonableness” test consistently.
• TOIL Agreement: If your award permits TOIL, get clear written consent from each employee that covers accrual, use and timeframes.

Clear documents won’t remove every tricky situation, but they substantially reduce misunderstandings, help you comply with the law and make it easier for managers to apply a consistent approach across the team.

Public Holiday FAQs For Employers

Can I roster someone on a public holiday without asking?

Make a request, don’t assume. The law expects a reasonable request from you, and allows a reasonable refusal from the employee. Build consultation and notice into your rostering process.

Do I have to pay public holiday penalty rates?

In most cases, yes - check your award or enterprise agreement for the applicable rate or TOIL option. Penalties are separate from ordinary weekend or night penalties and are usually higher. If TOIL is allowed, ensure the arrangement is documented and applied correctly alongside your penalty rates obligations.

What if everyone refuses to work?

Start with volunteers, offer incentives permitted by your award, rotate fairly, and give as much notice as possible. If you still have a gap, consider temporary staffing options aligned with your obligations. Document your attempts and decisions.

How much notice should I give?

There’s no single rule that fits all workplaces, but more notice is always better. Some awards include specific consultation or notice requirements for roster changes, so review those rules when you’re changing rosters.

Can I offer time off in lieu (TOIL) instead of penalties?

Sometimes - it depends on the applicable award or agreement. If permitted, TOIL must be agreed in writing with each employee and managed carefully so it’s accrued and taken correctly.

Best-Practice Steps For Public Holiday Planning

Here’s a practical sequence we see work well for small businesses.

1. Review the calendar of national and state/territory public holidays relevant to your locations.
2. Check your modern award or enterprise agreement for penalty rates, TOIL options and consultation rules.
3. Decide your trading plan and service levels for each holiday period.
4. Call for volunteers, then do a fair rotation to fill remaining shifts.
5. Confirm shifts early and provide written notice (email or roster app), with a way to raise issues.
6. Record any refusals, your considerations and alternative arrangements offered.
7. Ensure payroll is configured for public holiday penalties and any TOIL arrangements.
8. After the period, review what worked and update your policy or process as needed.

As your business grows, revisit your documentation so it keeps pace with how you operate. This includes checking your award coverage, refreshing your Employment Contract templates and ensuring your managers are trained on the roster and pay rules for public holidays.

Key Takeaways

• You can request public holiday work, but the request must be reasonable and employees can reasonably refuse.
• Plan ahead: consult early, call for volunteers, rotate fairly and give proper notice to reduce disputes.
• Pay correctly: apply the right public holiday penalties or an award-permitted TOIL agreement, alongside your penalty rates and overtime obligations.
• Protect wellbeing and safety by observing maximum working hours and breaks during peak periods.
• Lock it in writing: align your Employment Contracts, Workplace Policies and award terms to set clear expectations and processes.
• Document decisions and reasons - good records help demonstrate that your requests were reasonable and managed fairly.

If you’d like a consultation on managing public holiday work in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.