Working on public holidays

Legal and practical considerations

It’s that time of the year again when we have show holidays across the state, with different public holidays falling depending on where you are. Employees are entitled to the public holiday that falls where your business is based, not where they are working on the day of the public holiday, unless agreed otherwise.

For example, if employees live in the City of Moreton Bay, but the business location the Brisbane City Council region, they are entitled to a day off on the Brisbane City Council show holiday.

For all public holidays, employees, other than casuals, who are rostered to work will be entitled to have the day off work and be paid for their ordinary hours. If you want to work on public holidays:

• You must agree with individual employees to swap the day for another day; or
• Pay them double time and a half for all hours worked.

Practically, please remember that:

• Employees are entitled to be absent on public holidays, and requests to work can be made but must be reasonable (taking into consideration factors including the notice given of the request, whether the employee will be paid penalties, an employee’s personal circumstances, and the employee’s reasons if they refuse to work) and
• It is an offence to carry out building work that causes audible noise on public holidays.

Local councils are responsible for enforcing these restrictions and may issue fines to the person(s) carrying out the work if audible noise results from the work being undertaken on the public holiday.

If you require more detailed advice, please contact the Workplace Relations team.