It’s No Yolk: Easter Public Holiday Requirements for Employers

This year, the Easter public holiday period will run from 3 April to 7 April. Below is a summary of the public holidays, in each state and territory:

On these public holidays, employers have different obligations to normal days of trade. Below, we discuss three important differences you should consider during this period.

Trading Restrictions

Some states have trading restrictions during the Easter period that other states don’t.

For example, in NSW, Good Friday and Easter Sunday are considered ‘restricted trading days’ under the Retail Trading Act 2008 (NSW). This means that all retail shops are required to close on those days, unless they are exempt. Exempt businesses include: restaurants, pet shops, florists and small shops (which meet the Act’s definition). A shop which is required to close may apply for an exemption on the grounds that exceptional circumstances exist, or that it is in the public interest the shop remains open.[1]

Likewise, Good Friday is a restricted trading day in Victoria under the Shop Trading Reform Act 1996 (Vic). Only exempt shops may open on that day, and all other shops must close. Some examples of exempt shops include: chemists, restaurants and petrol stations. Certain small businesses are also exempt from the requirements.[2]

Employers therefore need to check whether the restrictions apply to them, and plan accordingly. This includes notifying employees and managing  any effects from the restrictions, such as managing leave entitlements.

Requesting Employees Work on a Public Holiday

Under the National Employment Standards, employees have the right to be absent from work on a public holiday.

However, employers are entitled to request that an employee work on a public holiday, provided the request is reasonable. Employees can refuse the request if it isn’t reasonable, or where they have a reasonable reason to refuse the request. Where the employee’s refusal is unreasonable, employers can require them to work.

Where an employer does request an employee work on a public holiday, the request should be more than just implied. A request should therefore be more than only rostering an employee on to work the public holiday without discussing it with the employee.

Employers should consider the following when making a request:

• the nature of the workplace and the employee’s role (i.e., the type of work they do, and whether they are a casual or permanent employee);
• the employee’s personal circumstances (including caring responsibilities);
• Whether there is an expectation the employee might be asked to work on the public holiday;
• any overtime, penalty rates or other additional payments the employee may receive; and
• the amount of notice the employee will receive.

Public Holiday Pay for Employees

Full-time or part-time employees are entitled to be paid their base rate of pay for their ordinary hours of work on a public holiday, where they are absent from work that day due to the public holiday. This does not include any loadings, allowances or overtime payments.

Where an employee does not normally work on the day that the public holiday falls, then they are not entitled to any additional payments in respect of the public holiday, unless their award or enterprise agreement provides otherwise.

Casual employees who do not work on public holidays are not entitled to any benefits.

However, employees who do work on public holidays are entitled to be paid as usual, and where an award or enterprise agreement applies to them, they may be entitled to additional public holiday penalty rates.[3]

If you are an employer and need assistance navigating public holiday requirements, please contact HR Legal’s experienced team today.

[1] Trading on public holidays in NSW | NSW Government

[2] Operating on a restricted trading day | Business Victoria

[3] Not working on public holidays – Fair Work Ombudsman