Public Holiday Pay Rates In South Australia

Public holidays can be busy, complex or both - especially when it comes to paying your team correctly.

If you run a business in South Australia, you’ll need to navigate state public holidays, unique part‑day public holidays, and the penalty rates set out in Modern Awards or enterprise agreements.

In this guide, we break down how public holiday rates work in SA from an employer’s perspective, what to pay different types of employees, and how to manage rostering, TOIL and substitutions so you stay compliant and avoid costly mistakes.

What Counts As A Public Holiday In South Australia?

In SA, public holidays are set under state legislation and by Government proclamation. Alongside national days (like New Year’s Day and Australia Day), SA has state‑specific holidays such as Adelaide Cup Day, and it also recognises part‑day public holidays on Christmas Eve and New Year’s Eve from 7pm to midnight.

Common South Australian public holidays include (examples, not an exhaustive or dated list):

• New Year’s Day
• Australia Day
• Adelaide Cup Day (SA)
• Good Friday and Easter Monday
• ANZAC Day
• King’s Birthday
• Labour Day
• Christmas Day and Boxing Day
• Part‑day: Christmas Eve and New Year’s Eve (7pm-midnight)

Public holiday entitlements (like penalty rates and minimum engagements) are not set by the SA holiday list itself - they come from the Fair Work framework through Modern Awards, enterprise agreements and the National Employment Standards (NES). Your first job is to confirm which instrument covers each employee.

How Do Public Holiday Rates Work Under Awards And Agreements?

Public holiday rates are award‑ or agreement‑based. There isn’t a single “SA rate” - it depends on the industry/occupation award or your registered enterprise agreement.

Generally, if an employee works on a public holiday, they’re entitled to penalty rates that are higher than their ordinary rate (and, for casuals, this usually stacks on top of the casual loading). The exact percentage, any time‑of‑day variations, and minimum engagement periods will be set out in the relevant instrument.

Key points to understand:

• Award coverage: Confirm the correct award and classification for each employee. If you’re unsure, review your team’s duties against the award coverage clauses or seek advice.
• Penalty rate percentages: Penalties on public holidays are often higher than Sunday or late‑night penalties and can differ for full‑time, part‑time and casual staff.
• Minimum engagements: Many awards require a minimum number of hours if someone works a public holiday.
• Part‑day public holidays: In SA, different penalties may apply only during the part‑day portion (e.g. 7pm-midnight on Christmas Eve).
• Substitution: Awards and agreements often allow you to substitute the public holiday by agreement (more on this below).

If your business is covered by a Modern Award, it also helps to step back and look at how penalty rates work overall - particularly where weekends, evenings and public holidays interact. If you operate under a registered enterprise agreement, always check the specific public holiday clauses in that agreement first.

If you don’t have an enterprise agreement, make sure your internal documents and practices align with Modern Awards to satisfy the Better Off Overall Test (BOOT) for any annualised salary or set‑off arrangements you rely on.

Using The Fair Work Pay Calculator

To sense‑check your numbers, the Fair Work Ombudsman’s tool is a useful starting point for indicative rates. Our guide to the Fair Work Pay Calculator explains how to use it for penalty rates and why the underlying award classification still matters.

Do I Have To Open Or Can I Require Staff To Work?

Public holidays trigger two separate decisions for employers: whether to open, and how to lawfully staff the day.

Under the Fair Work Act, you can request an employee to work a public holiday, but you cannot simply mandate it in all circumstances. Whether it’s reasonable for you to request - and reasonable for the employee to refuse - depends on factors like the nature of your business, the employee’s role and personal circumstances, notice provided, and whether the employee could reasonably expect to work that day.

Good practice looks like this:

• Give plenty of notice and consult early about public holiday rosters.
• Explain the business reasons and confirm applicable penalty rates or alternatives (e.g. TOIL by agreement, if permitted).
• Consider employee preferences and any genuine reasons they raise for not working.

If you decide to close, award or agreement rules will determine who must be paid (for ordinary hours that would have been worked) and at what rate. Typically, full‑time and part‑time employees who would normally work that day are paid their base rate for ordinary hours; casuals generally only get paid if they actually work.

Paying Employees On A Public Holiday: Who Gets What?

The correct payment depends on employment type and the instrument that covers them. Always check the exact clauses in your award or agreement.

Full‑Time And Part‑Time Employees

• If your business is closed: Usually paid their base rate for ordinary hours they would have worked (no penalty). “Base rate” excludes loadings, allowances and overtime unless your instrument says otherwise.
• If they work: Public holiday penalty rates apply per the award/agreement. Minimum engagements may also apply (e.g. a 4‑hour minimum for certain classifications).
• Substitution: Many instruments allow substituting the public holiday for another day by genuine agreement with the employee (document this and reflect it in rosters/pay).

Casual Employees

• If they don’t work: Usually not entitled to payment for a public holiday.
• If they work: Penalty rates usually apply, on top of the casual loading, for the hours worked on the public holiday or part‑day holiday period.
• Minimum engagement: Most awards specify a minimum number of hours per shift for casuals, including on public holidays.

Salaried Employees And Annualised Arrangements

Salaries and annualised wage arrangements do not automatically “absorb” public holiday penalties unless it is permitted under the award or agreement and the contract clearly sets this out - and even then, the employee must remain better off overall.

Make sure your Employment Contract spells out what the salary covers, how hours are reconciled against award entitlements, and how you handle public holidays. If you rely on an annualised salary clause, follow the award’s specific record‑keeping, reconciliation and notification requirements.

Contractors

Independent contractors aren’t entitled to employee penalty rates or public holiday entitlements. However, ensure the engagement is genuinely a contractor arrangement - sham contracting carries serious risk. Your contractor agreements should clearly define deliverables, rates and availability expectations for public holidays if relevant.

Managing Rosters, TOIL And Alternatives

Operational planning is the best way to smooth public holiday compliance.

Rostering And Notice

• Set your public holiday trading plan early (open, reduced hours, or closed).
• Provide ample roster notice and consult with staff about preferences and availability.
• Confirm minimum engagements and any part‑day holiday windows in SA when building shifts.

If rostering is a recurring pain point, review your obligations around employee rostering and build processes that capture consultation, notice periods and change approvals in writing.

Time Off In Lieu (TOIL)

Some awards allow public holiday hours to be taken as TOIL instead of paid at the penalty rate - but only if the award permits it and the employee genuinely agrees. TOIL must be taken within the timeframe and at the accrual rate set in the instrument (for example, hour‑for‑hour vs a higher multiple). Document TOIL agreements clearly.

For a refresher on how TOIL works in practice, see our overview of Time Off In Lieu.

Substituting A Public Holiday

Many awards and agreements permit substituting a public holiday for another day by mutual agreement. This can help align staffing with operational needs (for example, giving the team a different day off in a quieter period). Make sure substitutions are voluntary, recorded in writing, and reflected in the roster and payroll system.

When Public Holidays Fall On Weekends

Some public holidays may be observed on the following Monday if they fall on a weekend, and the penalty rules can differ across the weekend and the observed day. Awards will tell you which rate applies on which day and whether both the calendar day and the observed day carry penalties. If your business is retail or hospitality, map these rules into your scheduling tools alongside your usual weekend penalty settings.

Overtime And Public Holidays

Overtime performed on a public holiday is often paid at a different (and sometimes higher) rate to ordinary hours worked on that day. You’ll need to identify overtime triggers (like exceeding ordinary hours or outside the span of hours) and apply the correct rate for the overlap. If overtime is common in your business, revisit your policies and understanding of overtime laws to ensure your reconciliations are accurate.

Key Takeaways

• There’s no single “public holiday rate” for SA - your obligations come from Modern Awards or enterprise agreements, so confirm the correct instrument and classification for each employee.
• In South Australia, remember the unique part‑day public holidays (Christmas Eve and New Year’s Eve from 7pm to midnight) and check how your award handles those hours.
• On public holidays, full‑time and part‑time staff who would ordinarily work are typically paid their base rate if closed, and penalty rates if they work; casuals generally only get paid if they work, with penalties on top of the casual loading.
• You can request, but not automatically require, employees to work on a public holiday - reasonableness and early consultation are key.
• Manage risk by locking in clear rosters, documenting any substitutions or TOIL, and ensuring your Employment Contract or annualised salary arrangements comply with the underlying award.
• Use tools and processes to calculate correct rates and minimum engagements, and sanity‑check numbers with the Fair Work Pay Calculator where appropriate.
• If weekends and public holidays overlap, align your settings with award rules for weekend penalties and public holiday penalties; a refresher on penalty rates and Modern Awards can help.

If you’d like tailored help with public holiday rates and rostering in South Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.