Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Public holidays already add complexity to payroll. When a public holiday falls on a weekend, it can quickly become a “double-layer” problem for small business owners: you may be dealing with both weekend penalty rates and public holiday penalty rates, plus different rules depending on whether the shift is on a Saturday or Sunday.
If you’ve found yourself searching for Sunday public holiday rates, you’re not alone. This is one of the most common payroll questions we see from employers who roster staff in hospitality, retail, healthcare, construction, and other shift-based industries.
The good news is that once you know what to check (and in what order), weekend public holiday pay becomes much more manageable. Below we’ll walk you through the practical steps to confirm the right rates, document your approach, and reduce the risk of underpayments.
What Do “Sunday Public Holiday Rates” Actually Mean For Employers?
In Australia, there isn’t one universal “Sunday public holiday rate” that applies to every business.
Instead, what you pay depends on the industrial instrument that covers the employee, such as:
- a Modern Award (very common for small businesses),
- an Enterprise Agreement, or
- another arrangement (for example, some senior employees may be award-free, but still have National Employment Standards obligations).
When a public holiday falls on a Sunday, your payroll outcome typically depends on:
- Whether the day is a public holiday in your state/territory (and whether it’s a “substituted” public holiday).
- Whether the employee works (and if so, what hours).
- Whether the employee would ordinarily have worked if it wasn’t a public holiday (important for permanent employees).
- The applicable rate rules in the Award/Agreement (public holiday penalties, weekend penalties, loadings, minimum engagement periods).
- The employee’s classification (e.g. level, pay point, age-based rate if applicable, etc.).
One common misconception is that you “stack” Sunday penalties on top of public holiday penalties. Many Awards don’t work that way. Often, the public holiday rate replaces the Sunday rate (or vice versa), but the only safe answer is: check the exact wording in the relevant Award or Agreement.
If you routinely roster weekends, it’s also worth keeping a clear internal reference for weekend pay rates generally, because your approach to Saturday vs Sunday penalties often flows from the same Award clause structure.
How Do You Work Out The Correct Sunday Public Holiday Rates Step-By-Step?
If you want a repeatable process (and something your payroll team can follow), we usually suggest working through these steps in order.
1. Confirm Whether It’s A Public Holiday (Including Substitution Rules)
Start with the basics: is the Sunday actually a public holiday for your location?
Some public holidays are national, but many are state or territory-based. On top of that, some jurisdictions apply “substitute” or “additional” public holidays when the public holiday falls on a weekend.
From an employer’s perspective, the key question is: what does the Award/Agreement treat as the “public holiday” for pay purposes? It may refer to the public holiday declared under applicable legislation, including substituted days.
2. Identify What Covers The Employee (Award, Agreement, Or Award-Free)
Before you calculate anything, confirm the correct industrial instrument.
- If the employee is covered by a Modern Award, the public holiday and Sunday rate rules will usually be in separate clauses (and sometimes in the same clause).
- If you have an Enterprise Agreement, it may set different penalty rates (and often has its own definitions and examples).
- If the employee is award-free, you still need to comply with the National Employment Standards (NES) and the employment contract terms, and you should be especially careful about consistency and reasonableness.
Misidentifying the Award is one of the fastest ways to end up with a payroll issue. If you’re unsure, it can be worth getting advice early, particularly if you operate across multiple sites or industries.
3. Work Out What Happens If The Employee Does Not Work
Many employers focus on what to pay if the employee works a public holiday. But you also need a process for when they don’t work.
In many cases, a full-time or part-time employee who would ordinarily have worked on that day may be entitled to be paid their base rate for the ordinary hours they would have worked (subject to the rules in the NES and the applicable Award/Agreement).
Casual employees are not usually entitled to be paid for a public holiday they don’t work. However, entitlements can vary depending on the applicable Award/Agreement and the employee’s specific working pattern (for example, whether their roster is regular and systematic), so it’s still worth checking the relevant instrument and getting advice if you’re unsure.
4. Calculate What Happens If The Employee Does Work
If the employee works on a Sunday public holiday, you’ll usually be looking at:
- the public holiday penalty rate (often higher than Sunday rates),
- minimum engagement periods (common for casuals),
- overtime triggers (e.g. daily overtime, weekly overtime, or outside span of hours), and
- allowances (for example, some roles have specific allowances that still apply on public holidays).
As a practical cross-check, it helps to use a clear internal calculator method. Many businesses also keep a reference point for public holiday scenarios using a public holiday pay calculator-style approach, then validate it against the specific Award clause wording.
5. Document Your Payroll Logic
This step is often missed, but it matters. If you’re ever challenged on underpayments, you want to be able to show:
- what Award/Agreement applied,
- which clause you relied on,
- how you treated substituted public holidays, and
- how you handled different worker types (full-time, part-time, casual).
Even a short internal payroll note can save you a lot of time later.
Saturday Public Holiday Rates And Saturday Public Holiday Pay: What Changes?
Many small businesses have separate issues for Saturday public holiday rates versus Sunday public holiday rates, because Saturday rostering patterns are different (and Awards often have different Saturday penalties).
When thinking about Saturday public holiday pay, you’re usually working through the same steps as Sunday, but with two practical differences:
- Saturday penalties may be lower than Sunday penalties (depending on the Award), so the “gap” between Saturday and public holiday rates can feel larger.
- Substitution rules can shift the “observed” public holiday to a Monday, which creates confusion about whether the Saturday is paid as a normal Saturday or as a public holiday Saturday.
Because of this, it’s worth building your rostering and payroll workflows so you can quickly answer:
- Is Saturday the public holiday, or is Monday the substituted public holiday?
- If an employee works both days, how does the Award treat each day?
- Do any overtime thresholds kick in across the weekend?
If you’re regularly changing rosters around public holiday weekends (for example, extending trading hours), make sure you’re also thinking about rostering compliance and recordkeeping. Having a clear approach to employee rostering can reduce disputes and help you justify why certain shifts were offered or changed.
Weekend Public Holiday Rates: Common Employer Mistakes (And How To Avoid Them)
Most underpayment problems aren’t caused by “bad intent”. They usually happen because weekend public holidays combine multiple payroll rules and someone makes an assumption.
Here are some of the most common traps we see when employers deal with weekend public holiday rates.
Assuming One Standard Rate Applies To Everyone
Different employees can have different coverage, classifications, and pay structures. Even within the same business, you might have:
- staff covered by different Awards,
- different levels within the same Award,
- juniors, trainees, or apprentices with different rates, and
- management staff who are award-free but contract-based.
Make sure your payroll setup reflects these distinctions.
Accidentally “Double Counting” (Or Under-Counting) Penalties
It can be tempting to treat a Sunday public holiday as “Sunday rate + public holiday rate”. Many Awards don’t allow stacking like that.
On the flip side, some employers pay only the Sunday rate and miss the public holiday clause entirely.
A useful cross-check is to compare your calculations to a general weekend penalty reference like a weekend penalty rates guide, then confirm which rate is actually intended to apply on a public holiday under the relevant instrument.
Not Handling Substituted Public Holidays Properly
If a public holiday is “observed” on a Monday, you may end up with:
- the business trading on the weekend day,
- employees expecting “public holiday rates” on the weekend day anyway, and
- the actual public holiday pay obligations applying on the Monday (or an additional day) instead.
This is one of the biggest reasons employers should treat public holiday planning as a rostering and payroll project, not just a “day-of” payroll task.
Forgetting About Casual Loading And Minimum Engagement
Casual employees often receive a casual loading in lieu of paid leave entitlements. That doesn’t automatically mean public holiday penalties don’t apply when they work a public holiday.
Also, many Awards set minimum engagement periods (for example, a minimum number of hours paid per shift). If you roster someone for a very short public holiday shift, you can accidentally create an underpayment.
Not Keeping Clear Timesheets And Pay Records
Even if you pay correctly, poor records make it hard to prove you complied.
As a baseline, you should have:
- start/finish times (and breaks),
- the role/classification used,
- the pay rate applied, and
- the public holiday identifier (especially if your locations have different public holidays).
How To Build A Practical Public Holiday Pay System (Contracts, Policies, And Rosters)
Weekend public holiday pay is much easier to manage if your business has the right foundations in place.
From a “systems” perspective, you want your documents and processes to line up so everyone understands:
- how rosters are issued and changed,
- what pay structure applies (Award/Agreement and classification), and
- how public holidays are treated in your business.
Employment Contracts That Match How You Actually Operate
A well-drafted Employment Contract can help set expectations around ordinary hours, flexibility, and how pay is handled (while still needing to comply with the relevant Award/Agreement and the NES).
This is especially important if you operate across weekends, evenings, or variable shifts, where misunderstandings are more likely.
Clear Rostering Practices (Especially For Weekend Trade)
If your business trades on weekends and public holidays, plan ahead and standardise:
- how far in advance rosters are published,
- how shift swaps are approved,
- how you notify staff about public holiday trading hours, and
- how you record employee agreements (for example, if a substitute day is used under an Award/Agreement).
When your “front-end” rostering is clean, your “back-end” payroll is less likely to become a messy debate.
Having A Quick Reference For Sunday And Weekend Rates
Even if you use payroll software, it helps to keep a human-readable reference for your managers and rosterers. Many businesses create a simple internal guide that includes:
- base rate by classification,
- Saturday penalty rules,
- Sunday penalty rules (see Sunday pay rates for context),
- public holiday penalties, and
- common examples (e.g. “public holiday on Sunday”, “substituted Monday public holiday”).
This kind of internal resource is particularly useful for small businesses where the person creating rosters isn’t the same person running payroll.
When To Get Help (And Why It Can Save Money)
If you’ve had staff question their pay, or you’re expanding trading hours, it’s usually cheaper to get clarity early than to fix problems later.
We commonly help employers by:
- reviewing Award coverage and classifications,
- checking whether existing pay structures still comply as you grow, and
- updating contracts and processes so public holiday weekends don’t become a recurring stress point.
Key Takeaways
- Sunday public holiday rates aren’t universal in Australia - they depend on the employee’s Award, Enterprise Agreement, and classification.
- Weekend public holidays often involve special rules, including substituted public holidays, minimum engagement periods, and overtime triggers.
- Saturday public holiday rates and Saturday public holiday pay issues usually come down to whether the Saturday is the declared public holiday or whether it’s substituted to another day.
- Avoid common underpayment traps by confirming coverage first, then applying the relevant public holiday clause (rather than guessing or stacking penalties).
- Strong rostering practices, clear records, and a properly drafted Employment Contract make weekend public holiday pay much easier to manage.
- If you’re unsure, getting advice early can help you avoid disputes, payroll backpayments, and compliance stress.
This article is general information only and is not legal advice. Because Awards, Enterprise Agreements and employee circumstances differ, you should get advice for your specific situation.
If you’d like a consultation on setting up compliant pay practices for Sunday and weekend public holidays, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








