Casual Workers & Public Holidays: Pay Rates, Refusal Rights & Penalties
Casual employees working public holidays typically earn 2.75x their base rate. Learn about penalty rates by award, your right to refuse work, the reasonable request test, substitute days, and state-specific holidays in 2026.
Penalty rates on public holidays for casuals
Casual employees who work on a public holiday are entitled to penalty rates on top of their ordinary casual rate (which already includes the 25% loading). Under most modern awards, the public holiday penalty rate for casuals is 250% of the base rate — but since casuals already receive the 25% loading, the effective rate is typically expressed differently in each award. Under the General Retail Industry Award, casuals receive 250% of the minimum hourly rate (not including the casual loading, which is absorbed into the penalty). Under the Hospitality Industry Award, casuals working on a public holiday receive 275% of the base rate. The practical effect is substantial. If a permanent employee's base rate is $28.00 per hour, a casual working a public holiday under the Hospitality Award would earn $28.00 x 275% = $77.00 per hour. Compare this to their normal casual rate of $35.00 per hour (base + 25% loading). The exact penalty rate varies by award, so always check your specific award. The penalty rate applies to all hours worked on the public holiday, including overtime hours if applicable.
Your right to refuse to work on a public holiday
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 are not 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. 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 $93,900 for individuals and up to $469,500 for corporations per contravention.
The reasonable request test
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.
Substitute public holiday days
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.
State-specific public holidays in 2026
Australia has 8 national public holidays that apply in every state and territory: New Year's Day, Australia Day (26 January), Good Friday, Easter Saturday, Easter Monday, Anzac Day (25 April), Queen's Birthday (date varies by state), and Christmas Day and Boxing Day. In addition, each state and territory has its own public holidays. In 2026, key state-specific holidays include: ACT — Canberra Day (9 March), Reconciliation Day (1 June), Family and Community Day (28 September). NSW — Bank Holiday (first Monday in August, for certain workers). VIC — Melbourne Cup Day (first Tuesday in November, Melbourne metro area). QLD — Royal Queensland Show (Brisbane area, August). SA — Proclamation Day (24 December). 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 public holiday dates with your state or territory government, as dates can change. Use our Take Home Pay Calculator to model the impact of public holiday penalty rates on your fortnightly pay.
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Official resources
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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