Do I Have to Work the Public Holiday in Australia? (2026 Rules)

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).

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.

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.

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.

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.

1. Reply in writing as soon as you receive the request, stating your reason for declining.
2. If the reason is a genuine commitment (family, religious observance, medical), say so plainly.
3. If your employer pushes back, ask for the request in writing and the reason given for refusing your refusal.
4. If pressured, contact the Fair Work Ombudsman (13 13 94).