With the Australia Day (Monday January 26 2026) public holiday approaching, the SDA is here to make sure all workers understand their rights on public holidays.
You cannot be unreasonably forced to work on public holidays.
If you’re under an SDA Agreement, you’ll likely have an absolute right to voluntary work.
If you’re under an Award, you have the right to refuse to work – as long as the refusal is reasonable. The National Employment Standards state that your employer must ask if you are available to work on each public holiday.
Here are some general rights you should be aware of:
For permanent workers who usually work on the day a public holiday falls, you have the right to the day off and will still be paid for your normal hours. This applies regardless of whether your workplace is open or closed. You do not need to take leave or work your hours elsewhere in the week.
For casual workers, you have the right to refuse shifts if you’re asked to work on public holidays.
For casual and permanent workers who do choose to work, you will receive public holiday penalty rates generally of 225% for permanents and 250% for casuals. This may vary in some agreements.
Log in to the SDA Members’ Area to check your public holiday rates.
If you’re a salaried worker, it’s important to remember that no worker can just be rostered on to work on a public holiday. All workers have the right to the day off without loss of pay.
Your employer must ask workers on each occasion if they are able to work and can only require it on reasonable grounds – you may still have the right to reasonable refusal.
If you are being forced to work or use your leave on public holidays, report it to the SDA.