Public Holidays 2022/2023: What you Need to Know!
For most of us Christmas just can’t come soon enough!
However, while many of us are looking forward to catching up and celebrating with our family and friends over Christmas and New Year, some employees will continue working during the period.
As Christmas Day and New Years Day both fall on a Sunday this year, we have extra Public Holidays that employers will need to be aware of.
The following days are observed as Public Holidays 2022/2023:
Sunday 25 December 2022
Monday 26 December 2022
Tuesday 27 December 2022 (Additional day)
Sunday 1 January 2023
Monday 2 January 2023(Additional day)
These additional Public Holidays are applicable but only for some States and the Territory:
NT & QLD & SA: Saturday 24 December from 7pm to 12 midnight AND
NT & SA: Saturday 31 December from 7pm to 12 midnight
Just a reminder that employees who work on a public holiday may be entitled to penalty rates. Employers should refer to the relevant industrial instrument (Modern Award, Enterprise Agreement or Registered Agreement) to determine the rate at which an employee should be paid.
Some other questions employers might have:
Do I have to pay the Public Holiday entitlement to an employee on leave?
If an employee is on leave when a Public Holiday falls, the Public Holiday will be treated and paid as a public holiday; not as an annual, long service or personal leave day. Accordingly, the day should not be taken off an employee’s leave balance and the employee should be paid their base rate of pay for the day.
Can I compel an employee to work on a Public Holiday?
An employer may request an employee work on a Public Holiday, if the request is reasonable. The employee is able to reasonably refuse to work on a Public Holiday and is protected by the National Employment Standards, should they do so.
When determining if a refusal or request to work a Public Holiday is reasonable, the following must be considered:
Personal circumstances of the employee;
Whether the employee could reasonably expect the employer might request them to work on the Public Holiday;
The needs of the workplace and the nature of the work performed by the employee;
The type of employment (for example, full-time, part-time or casual);
Whether the employee’s salary includes work on a Public Holiday;
The amount of notice given by the employer in advance of the public holiday when making the request;
The amount of notice given by the employee in advance of the public holiday refusing the request; and
Any other (reasonable) relevant matter.
If you have questions or would like further information regarding Public Holidays over the Christmas and New Year period, let us know!
Happy Holidays!
