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Public holidays in Australia

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Public holidays in Australia are declared on a state and territory basis, though most holidays are observed on a national basis eg: New Years Day, Australia Day, Easter, Anzac Day, Christmas Day, Boxing Day etc. In most states, when a public holiday falls on a normal day off (generally a weekend), the following work day is considered a public holiday.

Traditionally, workers, public or private, were entitled to take off a public holiday with regular pay. In recent years this tradition has changed somewhat. For example, businesses that are normally open on a public holiday may require employees to work on the day. Traditionally, in this case, the workers were paid at a penalty rate - usually 1½ (known as "time and a half") or 2 times (known as "double time") the regular pay. But the entitlement to penalty rates of pay has been reduced or entirely eliminated in many work places.

Besides designating days as public holidays, some of these days are also designated as restricted trading days.

In addition, many workers are entitled to penalty rates of pay if they are required to work on Easter Sunday, which is not a designated public holiday because it always falls on a Sunday which is in itself a rest day. Shop trading restrictions may also apply to Easter Sunday.

There are 5 standard, national public holidays. Public holidays are determined by a combination of:

  • Statutes, with specific gazetting of public holidays; and
  • Industrial awards and agreements.

If a standard public holiday falls on a weekend, a substitute public holiday will usually be observed on the first non-weekend day (usually Monday) after the weekend. If a worker is required to work on a public holiday or substituted public holiday, they will usually be entitled to be paid at a holiday penalty rate.

In some states an additional day such as Melbourne Cup Day is provided on a local basis.

National holidays

Name WA Tas Vic ACT NSW SA Qld NT
New Year 1 January (all states)
Australia Day 26 January (all states)
Good Friday Friday before Easter (21 March, 2008; 10 April, 2009) (all states)
Easter Saturday Day before Easter (22 March, 2008; 11 April, 2009) (all states)
Easter Monday Day after Easter (24 March, 2008; 13 April, 2009) (all states)
Labour Day 1st Monday in March (3 March, 2008; 2 March, 2009) 2nd Monday in March (10 March, 2008; 9 March, 2009) 1st Monday in October (6 October, 2008; 5 October, 2009) 1st Monday in May (5 May, 2008; 4 May, 2009)
Anzac Day 25 April (all states)
Queen's Birthday As proclaimed by the Governor of Western Australia 2nd Monday in June (9 June, 2008; 8 June, 2009)
Christmas 25 December (all states)
Boxing Day 26 December N/A 26 December

New Year

New Year's Day is celebrated on 1 January each year in all states and territories.

Australia Day

Australia Day is Australia's national day celebrated on 26 January annually in all states and territories. 26 January was chosen because it is the day of the establishment of the first English settlement at Port Jackson by Captain Arthur Phillip in 1788.[1]

Since 1960, the winner of the Australian of the Year award is announced by the Prime Minister on Australia Day.

Recorded celebrations date back to 1808, and in 1818, Governor Lachlan Macquarie held the first official celebration of Australia Day.[2] It was made a public holiday in New South Wales in 1836, and Victoria adopted the day as a public holiday in 1931. It commenced to be celebrated by all states and territories in 1946, but began to be actually celebrated on 26 January from 1994.

Labour Day

Labour Day commemorates the achievements of the Australian labour movement. The celebration of Labour Day has its origins in the eight hour day movement, which advocated eight hours for work, eight hours for recreation, and eight hours for rest. On 21 April 1856 Stonemasons and building workers on building sites around Melbourne, Australia, stopped work and marched from the University of Melbourne to Parliament House to achieve an eight hour day. Their direct action protest was a success, and they are noted as the first organized workers in the world to achieve an eight hour day with no loss of pay, which subsequently inspired the celebration of Labour Day and May Day.

The Labour Day public holiday varies considerably between the various states and territories. It is the first Monday in October in the Australian Capital Territory, New South Wales and South Australia. In both Victoria and Tasmania, it is the second Monday in March (though the latter calls it Eight Hours Day). In Western Australia, Labour Day is the first Monday in March. In both Queensland and the Northern Territory, it is the first Monday in May.

Easter

The days of Easter vary each year depending on the day determined by the Western Christian religious calendar. For the basis of how the days are determined see Easter. Note that "Easter Saturday" in Australia is legally defined to be the day between Good Friday and Easter Day (Sunday), which is different to the terminology used in other countries.

Anzac Day

Anzac Day is a day on which the country remembers those citizens who fell fighting or who served the country in wars. Anzac Day is commemorated on 25 April every year. The tradition began to remember the Australian and New Zealand Army Corps (ANZAC) soldiers who landed at Gallipoli in Turkey during World War I.

Anzac Day commemoration features marches by veterans and by solemn "Dawn Services", a tradition started in Albany, Western Australia on 25 April 1923 and now held at war memorials around the country, accompanied by thoughts of those lost at war to the ceremonial sounds of The Last Post on the bugle. The fourth stanza of Laurence Binyon's poem For the Fallen (known as the "Ode of Remembrance") is often recited.

Queen's Birthday

In all states and territories except Western Australia, Queen's Birthday is observed on the second Monday in June. Because Western Australia celebrates its Foundation Day on the first Monday in June, the Governor of Western Australia proclaims the day on which the state will observe the Queen's Birthday, based on school terms and the Perth Royal Show.[3] There is no firm rule to determine this date before it is proclaimed, though it is typically the last Monday of September or the first Monday of October.

The day has been celebrated since 1788, when Governor Arthur Phillip declared a holiday to mark the birthday of King George III. Until 1936 it was held on the actual birthday of the Monarch, but after the death of King George V it was decided to keep the date at mid-year.

On that day the "Queen's Birthday honours list" is released naming new members of the Order of Australia and other Australian honours. This occurs on the date observed in the Eastern States, not the date observed in Western Australia.

The Queen's Birthday weekend and Empire Day, 24 May, were long the traditional times for public fireworks displays in Australia. Although they still occur, the tradition has recently been overshadowed by larger New Year's Eve fireworks, as the sale of fireworks to the public was progressively banned by the states in the 1980s. The sale of fireworks in the Australian Capital Territory is only legal during the Queen's Birthday weekend. [4]

Christmas

Christmas is observed on 25 December each year to commemorate the birth of Jesus. In Australia it was brought over as a matter of course with white English settlement in 1788. Though a Christian religious festival it does not breach the constitution's separation of Church and State provision, because it is declared under State law, which is not subject to the provision.

Boxing Day

Boxing Day is on the day after Christmas, ie. 26 December each year, except in South Australia. In South Australia, the first otherwise working day after Christmas is a public holiday called Proclamation Day.

Boxing Day is noted for the start of the post-Christmas sale season. The day has also become a significant sporting day. Melbourne hosts the Boxing Day Test Match and the Sydney to Hobart Yacht Race starts on this day.

Other holidays

Long weekends

Where New Year's Day, Australia Day, Christmas Day fall on a Saturday or Sunday the standard is for another day to be gazetted as a holiday in substitution. By common law, the Boxing Day holiday automatically occurs on Monday 27 December if the 26 December is a Sunday, so a substitute holiday is only gazetted if Boxing Day falls on a Saturday. But Boxing Day is always on the 26 December.

If Anzac Day falls on a Saturday then there is NO holiday on the following Monday. If it falls on a Sunday then there is a holiday on the following Monday.

In Victoria, however, where Christmas falls on a Saturday or Sunday no substitute holiday is given. In the event of New Year's Day falling on a Sunday the following Monday is provided as the substitute public holiday.

Australia has been traditionally known as the "land of the long weekend", both within Australia[1] and by those outside Australia.[2] However, Australians have "fewer public holidays than workers in most other industrialised countries."[3]

Public holidays by state

New South Wales

Public holidays in New South Wales are regulated by the New South Wales Banks and Bank Holidays Act 1912.

Victoria

Public holidays in Victoria are regulated by the Victorian Public Holidays Act 1993.

Victorian employees fall under the Workchoices system either as coming within the Commonwealth constitutional power (called "constitutional corporation employees") or because of Victoria’s referral of its legislative powers to the Commonwealth for particular workplace relations matters.

Employee entitlements to public holidays and additional pay depend on whether they are covered by a federal award or agreement.

Employees not covered by a federal award or agreement are entitled to public holidays under the Victorian Public Holidays Act 1993. Also, all permanent employees not covered by a federal award or agreement who would normally work on a public holiday (or a substitute public holiday) are entitled to the holiday without loss of pay. Their employers are not required to provide additional payment if they work on a public holiday, but this doesn't exclude the possibility of employees and employers negotiating for additional pay.

Employees who are covered by a federal award or agreement are entitled to public holidays as provided by the relevant federal award or agreement and the Public Holidays Act 1993. Many federal awards and agreements also provide for additional penalty rates for work performed on a public holiday.

A substituted public holiday (Monday) applies to New Year's Day and Boxing Day if they fall on a Sunday.

Restricted shop trading laws apply to Good Friday, Easter Sunday, Christmas Day and before 1 pm on Anzac Day. On these days only exempted businesses are permitted to open for trading.[4] All public holidays and substitute public holidays are bank holidays. (sec 9)

The Victorian public holidays are as follows [5]:

Name Date
New Year 1 January
Australia Day 26 January
Labour Day 2nd Monday in March
Good Friday Friday before Easter
Easter Saturday Day before Easter
Easter Monday Day after Easter
Anzac Day 25 April
Queen's Birthday 2nd Monday in June
Melbourne Cup Day (Melbourne metropolitan area) 1st Tuesday of November
Christmas 25 December
Boxing Day 26 December

Worker entitlements on public holidays

Traditionally, an important aspect of a public holiday was that workers would not be required to work on that day, but be entitled to be paid for the day off. On the other hand, it is recognised that there are some industries or situations when a person may be required to work on a public holiday. In that situation, the person required to work on that day would be entitled to be paid at some premium rate of pay.

This traditional position has come under challenge in recent years.

As a basic principle, workers covered by the WorkChoices system are declared to be entitled to a paid day off. The days specified are:

Employees are also entitled to a paid day off on:

  • substitute holidays, declared by state or territory law for one of the above listed public holidays (e.g. if Christmas falls on a Sunday). In Victoria, a substituted public holiday (Monday) applies to New Year's Day and Boxing Day, if they fall on a Sunday.
  • on any other public holiday declared by or under a state or territory law (e.g. Queen’s Birthday), to be observed generally or in a region, other than a union picnic day.

Workers who come under WorkChoices but who have preserved agreements and awards in place, continue to be entitled to the entitlements contained in those agreements and awards. Most awards incorporate a public holiday clause. These usually provide for the above days as well as Easter Saturday, Labour Day and Queens Birthday as public holidays and for additional days when declared, and for substituted days if these fall on a non-working day. They also usually provide for penalty rates of pay should the worker be required, for whatever reason, to work on a public holiday.

Under WorkChoices, an employer may request an employee to work on a public holiday, but an employee may refuse an employer’s request (and take the day off) in reasonable circumstances. The requirement to work on a public holiday would usually be provided for in awards and agreements, though these would expressly provide for penalty rates of pay in those circumstances.

In the absence of an award, workplace agreement or contract of employment an employee is not entitled to be paid at penalty rates for work on a public holiday under WorkChoices.

It has been estimated that 85% of Australian workers are covered by WorkChoices, and that 40% of workplace agreements have dropped gazetted public holidays and that 63% of workplace agreements under WorkChoices do not provide for penalty rates of pay for workers who are required to work on a public holiday.[5] [6]

It is possible for Anzac day to fall on one of the Easter public Holidays, as Easter monday can occur as late as April 26th. When this occurs Anzac day is said to 'over-ride' the easter public holiday on the 25th of April, and no extra public holiday is given. This will happen in 2011 when Easter Monday is also Anzac day. In the year 2038 Easter sunday will also fall on Anzac day.

References

  1. ^ "National Australia Day Council - History". Retrieved 2008-02-20.
  2. ^ "Australia Day History". Australia Day Council of New South Wales. Retrieved 2007-10-29.
  3. ^ Department of Consumer and Employment Protection, Labour Relations division
  4. ^ ACT Workcover - Fireworks
  5. ^ Survey finds protections lost under new IR laws: ABC
  6. ^ Hansard Senate Estimates Committee 29 May 2006 - Questions to Peter McIlwain, Head of the Office of the Employment Advocate (OEA).
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