Questions about public holidays

The minimum entitlement for award free employees is that, with the exception of Australia Day, the public holiday is observed on the actual (weekend) day, without any substitution of a public holiday which falls on a weekend to the following Monday.

For example, in 2023, Sunday 1 January 2023 was the New Year’s Day public holiday under the Minimum Conditions of Employment Act 1993 for employees not covered by an award or agreement and Monday 2 January 2023 was not considered a public holiday.

Under some WA awards and industrial agreements, a public holiday which falls on a weekend is substituted with a weekday public holiday, usually the following Monday (Boxing Day may be substituted to a Tuesday). In this case the substituted weekday is the public holiday for the purposes of the award (including payment of public holiday rates) and the weekend day is not a public holiday for the purposes of the award.

For example, in 2023, Monday 2 January 2023 was the New Year’s Day public holiday for employees covered by the Shop and Warehouse (Wholesale and Retail Establishments) Award, as under this WA award when New Year’s Day falls on a Sunday, the public holiday is observed on the following Monday. Sunday 1 January 2023 was not a public holiday for the purposes of this award.

An alternative arrangement in WA awards is that where a public holiday falls on the weekend the weekend day itself is the public holiday for award purposes (including payment of public holiday pay rates) and the following Monday is not a public holiday for the purposes of the award.

For example, for employees covered by the Hotel and Tavern Workers Award Sunday 1 January 2023 was the New Year’s Day public holiday for the purposes of the award and the following Monday was not a public holiday.

A third less common arrangement in WA awards is that that where a public holiday falls on the weekend both the weekend day and the following Monday are considered as public holidays for award purposes (including the payment of public holiday pay rates).

An employer and an employee who are not covered by a WA award or industrial agreement can also agree to substitution of another day for a public holiday if their agreement is in writing and signed by the employer and employee.

Specific arrangements apply for the Easter Sunday public holiday – see the Easter Sunday section below. 

Australia Day

Under the Public and Bank Holidays Act 1972, the Australia Day public holiday is either on 26 January or, when 26 January falls on a Saturday or Sunday, the first Monday after 26 January.

The minimum entitlement for award free employees is that the Australia Day public holiday is observed on either 26 January or, if 26 January falls on a weekend, on the Monday following 26 January. 

Yes. When Easter Sunday was made a public holiday in 2022, implementation arrangements were introduced for state system employees covered by WA awards and industrial agreements.

Under these arrangements, the Easter Sunday public holiday is observed on Easter Sunday itself, rather than some alternative day. Any provision in a WA award, industrial agreement that would substitute the Easter Sunday public holiday to another day solely because the public holiday falls on a weekend is of no effect.

However, provisions that would substitute the Easter Sunday public holiday to another day for some other reason, for example, because it falls on an employee’s rostered day off, will continue to operate as set out in the WA award, or industrial agreement.

Employees who are required to work on Easter Sunday are entitled to receive any applicable public holiday penalty rates in their WA award or industrial agreement on this day, rather than normal Sunday pay rates. 

Annual leave or personal leave

From 31 January 2025, if the period during which an employee takes paid annual leave or paid personal leave includes a public holiday that falls on a day the employee would ordinarily have worked, the employee:

• is taken not to be on paid annual leave or paid personal leave on that public holiday; and
• is entitled to be absent from work on that day or part-day; and
• is entitled to be paid for that public holiday.

This means that the employee is not required to take a day of paid annual leave or paid personal leave on a public holiday which falls during a period of leave for which they would otherwise be entitled to be absent from work.

Long service leave

If a full time or part time employee is on a period of long service leave under the state Long Service Leave Act 1958, and the employee would have ordinarily been entitled to the public holiday had they not been on long service leave, the period of long service leave is increased by one day for each such holiday.

Unpaid leave

If an employee is on a period of unpaid leave, they are not entitled to payment for the public holiday.

If a public holiday falls on an employee’s non-working day there is not a minimum entitlement to a paid day off or any alternative public holiday arrangement. For example, a full time employee who is award free (not covered by a WA award or industrial agreement) who works Tuesday to Saturday would not be entitled to a paid day off for a Monday public holiday.

Some WA awards or industrial agreements contain specific provisions for alternative public holiday arrangements when public holidays fall on an employee’s rostered day off or non-working day.

For example, the Shop and Warehouse Award provides that when a public holiday falls on a ‘non-working day’, a full time employee is to be compensated in one of the following methods by agreement between the employer and employee:

• payment of an additional day's wages; or
• another day shall be allowed with pay within 28 days; or
• an additional day shall be added to the annual leave entitlement.

To check your public holiday arrangements:

• If you know which WA award covers you:
  • Visit WA award summaries if the relevant WA award has a Wageline WA award summary;
  • Visit the Western Australian Industrial Relations Commission website to check the public holiday provisions in the relevant award; or
  • Contact Wageline for information on 1300 655 266.
• If you do not know whether you are covered by a WA award – follow the steps on Finding the right pay rate to work out if an award applies.
• Employees who are covered by an industrial agreement should check the specific provisions in the agreement by contacting the human resources area of your employing organisation.

Special public holidays can be proclaimed by the Governor for days that are not normally public holidays. The National Day of Mourning in 2022 was a special public holiday.

Employees covered by a WA award or industrial agreement that provides higher rates of pay for working on a public holiday are to be paid those higher rates if required to work on a special public holiday.

Under the Workers Compensation and Injury Management Act, if an employee is entitled to income compensation, the employer must continue to pay income compensation to the employee for any public holidays that fall during that period.

The provisions in the Minimum Conditions of Employment Act regarding payment for an absence on a public holiday therefore do not apply to a compensated employee.

Further information regarding workers compensation and public holidays is available from from WorkCover WA on 1300 794 744 or via www.workcover.wa.gov.au.