Do I Have to Work the Public Holiday in Australia? (2026 Rules)
Your employer can ask you to work a public holiday — but you can refuse if the request is unreasonable. Plus public holiday penalty rates and what happens if you say no.
Senior Workplace Relations Writer · GradDip Employment Relations, Griffith University
Short answer
Under section 114 of the Fair Work Act 2009, your employer can request that you work on a public holiday, and you can refuse if the request or your refusal is reasonable. If you do work, you're entitled to public holiday penalty rates (typically 225% for permanents, 250% for casuals under most awards).
What makes a request 'reasonable'
The Fair Work Act looks at:
- The nature of your role (essential services need cover);
- Your employment type (full-time, part-time, casual);
- The notice you were given;
- Whether you'd be paid the public holiday rate;
- The needs of the workplace;
- Your personal circumstances.
A nurse asked to cover Christmas Day at 250% pay, given two weeks' notice — usually reasonable. A retail worker asked to come in on Easter Sunday with 24 hours' notice when not in the original roster — much less reasonable.
Public holiday penalty rates (2026)
Standard award rates for public holiday work:
- Retail Award: 225% (permanent) / 250% (casual)
- Hospitality Award: 225% / 250%
- Fast Food Award: 225% / 250%
- SCHADS Award: 225% / 250%
- Health Professionals Award: 250% / 275%
Check our Penalty Rate Calculator for your specific award.
If you don't work and weren't required to
Permanent employees scheduled to work a public holiday but who don't (because they're not asked, or the workplace is closed) get paid their ordinary rate for the day as a paid public holiday. Casuals don't get paid public holidays — that's part of the trade-off for casual loading.
Can you be sacked for refusing?
Not for a reasonable refusal. If you're disciplined or dismissed for declining to work a public holiday and your refusal was reasonable, you may have an unfair dismissal claim (must lodge within 21 days) or a general protections claim. The High Court ruled in CFMMEU v OS MCAP [2023] HCA 11 that an employer must specifically request the work and consider the employee's response — not just impose it as a roster.
What to do if you don't want to work a public holiday
- Reply in writing as soon as you receive the request, stating your reason for declining.
- If the reason is a genuine commitment (family, religious observance, medical), say so plainly.
- If your employer pushes back, ask for the request in writing and the reason given for refusing your refusal.
- If pressured, contact the Fair Work Ombudsman (13 13 94).
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Official resources
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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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Nine years in Australian workplace relations — Queensland hospitality HR, then retail ER in Brisbane and Northern NSW. Graduate Diploma in Employment Relations (Griffith University, 2018). Writes about award interpretation, underpayment recovery, and casual conversion. Member of the AHRI since 2019. Based in Paddington, Brisbane.
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