Are my employees entitled to public holidays?

Are my employees entitled to public holidays?

In Victoria all employees are entitled to public holidays. However, the actual public holiday entitlements can vary depending on whether or not the employee is covered by a federal award or agreement.

Workplaces covered by federal awards or agreements

Employees who are covered by a federal award or agreement are entitled to public holidays as outlined by the relevant federal award or agreement and the Victorian Public Holidays Act 1993. However, where a federal award or agreement sets out arrangements for public holidays that differ from the Victorian Public Holidays Act 1993, those award/agreement arrangements will override the Victorian Act. 

Many federal awards and agreements also provide additional penalty rates for work performed on a public holiday. You should consult your federal award or agreement to find out if any specific public holiday entitlements apply to your workplace.

Workplaces not covered by federal awards or agreements

Victorian employees whose workplace is not covered by a federal award or agreement are entitled to public holidays as outlined in the Victorian Public Holidays Act 1993. Additionally, all permanent employees who would normally work on the day of a public holiday are entitled to the holiday without loss of pay.

Victorian employers whose workplace is not covered by a federal award or agreement are not required by law to provide additional payment to employees if they work on a public holiday. This doesn't exclude the possibility that an arrangement applies at that workplace for additional payments to be made, or that the employer and employees can negotiate for such things to be provided.

Whilst it is lawful for employers and employees who are not covered by a federal award or agreement to have their own arrangements that provide for an additional benefit, it is not lawful for an employer to deny an employee a public holiday.

More information about awards, public holidays and employee entitlements can be found on the Workplace Authority website (see External links on right hand side), and the Workplace Infoline on 1300 363 264.

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