Casual Workers' Public Holiday Pay 2026: 250%–275% Rates by Award + Right to Refuse

Two rules cover casuals and public holidays. First, a casual who is not rostered on a public holiday gets nothing for it — the NES right to a paid day off (section 116 of the Fair Work Act) applies only to permanent employees, and the 25% casual loading is the trade-off. Second, a casual who does work a public holiday is entitled to the public holiday penalty rate under their award. Under most modern awards that rate is 250% to 275% of the base rate, and the casual loading is usually built into that figure rather than added on top. Under the General Retail Industry Award, casuals receive 250% of the minimum hourly rate (loading included). Under the Hospitality Industry (General) Award, casuals receive 275% (the 250% permanent rate plus the 25% loading).

Base rates are from the FWO pay guides for 2026-27; the percentages are from each award's penalty rates clause. So a Level 1 casual working a public holiday under the Hospitality Award earns $72.71 per hour, compared with a normal casual rate of $33.05. The exact percentage varies by award — enter yours in the public holiday pay rates calculator.

The penalty rate applies to all hours worked on the public holiday, including overtime hours if applicable.

Under section 114 of the Fair Work Act, all employees — including casuals — have the right to refuse a request to work on a public holiday if the refusal is reasonable, or if the request itself is unreasonable. This is a critical protection that many casual workers are unaware of. Your employer can request you to work on a public holiday, but you aren't automatically obligated to accept.

The test for whether a refusal is reasonable considers multiple factors (see the next section on the reasonable request test). Importantly, an employer cannot penalise you for refusing a reasonable request to not work on a public holiday.

Quick version: If your employer cuts your hours, changes your roster unfavourably, or dismisses you because you refused to work on a public holiday, this could constitute adverse action under the general protections provisions of the Fair Work Act. The penalties for adverse action are severe — up to $21,840 for individuals and up to $109,200 for corporations (small business employer; $546,000 for a body corporate with 15 or more employees) per contravention (from 1 July 2026).

Whether a request to work on a public holiday is reasonable (and whether a refusal is reasonable) depends on a range of factors set out in the Fair Work Act. These include: the nature of the employer's business and whether the work is essential for the business to operate on that day; the type of work the employee performs and whether it is specifically required on public holidays; the employee's personal circumstances, including family responsibilities; whether the employee could reasonably expect to be asked to work on the public holiday given the nature of their employment; whether the employee is entitled to receive penalty rates or other compensation for working on the day; the amount of notice given by the employer; and the amount of notice given by the employee in refusing. For casual employees in hospitality, retail, and healthcare, working public holidays is often an expected part of the role, which may make a refusal less reasonable.

Conversely, a casual in an office environment who has never been asked to work a public holiday before would have stronger grounds to refuse. No single factor is decisive — the Fair Work Commission weighs all factors together.

When a public holiday falls on a weekend, state and territory governments typically declare a substitute day — usually the following Monday. Under the Fair Work Act, the public holiday entitlements (penalty rates, right to be absent) apply to the substitute day, not the original day, unless a modern award or enterprise agreement provides otherwise. Some awards give the benefit on both the actual day and the substitute day, while others specify only one.

For casual employees, this distinction matters financially. If Christmas Day falls on a Saturday and Monday 27 December is declared the substitute day, you would receive ordinary rates for working Saturday but public holiday penalty rates for working Monday under most awards.

However, some awards — particularly in hospitality and retail — provide that both the actual day and the substitute day attract penalty rates. Check your specific award to understand which day or days attract public holiday rates.

If both days attract penalties, a casual working both could earn exceptionally high rates for that weekend.

Australia has 8 national public holidays under the NES that apply in every state and territory: New Year's Day, Australia Day (26 January), Good Friday, Easter Monday, Anzac Day (25 April), the King's Birthday (date varies by state), Christmas Day and Boxing Day. Easter Saturday is a state-declared holiday in most jurisdictions but not in Western Australia or Tasmania. In addition, each state and territory has its own public holidays. In 2026, key state-specific holidays include: ACT — Canberra Day (9 March) and Reconciliation Day (1 June).

NSW — Bank Holiday (first Monday in August, for certain workers). VIC — Melbourne Cup Day (first Tuesday in November, Melbourne metro area) and the Friday before the AFL Grand Final.

QLD — Royal Queensland Show (Brisbane area, August). SA — Proclamation Day (26 December, South Australia's name for the Boxing Day holiday).

WA — Western Australia Day (1 June).

TAS — Recreation Day (first Monday in November, northern Tasmania).

NT — May Day (4 May), Show Day (varies by region), Picnic Day (3 August). Casual employees in local government areas with additional local holidays may also be entitled to penalty rates on those days.

Always verify current dates with your state or territory government — our 2026 public holidays list has every state's dates. Use the public holiday rates calculator to model the impact of penalty rates on your fortnightly pay, and keep records of the hours you work.