This year, Australia Day falls on a Saturday. In all States and Territories, Monday, 28 January 2019 has been substituted as the public holiday for Australia Day.
As Saturday, 26 January 2019 is not a public holiday, public holiday penalty rates are not payable on that day. Usual Saturday penalty rates under the applicable industrial instrument will apply for working on that day.
Public holiday entitlements will however apply to work performed on Monday, 28 January 2019.
Employers need to review any specific obligations contained in their Enterprise Agreements or applicable Modern Awards that may have provisions for a mandated substituted day off work or additional payments.
If you require assistance regarding your obligations this coming Australia Day, please contact us.