What a ride 2022 has been! A little different to the last couple of years with no lockdowns thankfully, but still plenty of highs and lows to keep us all on our toes.
As we head into that glorious time of year where most of us don’t know what the date is. It’s time to cut through the confusion around Christmas public holidays and employer obligations because if you’re still operating over this period, you need to know exactly what applies and what doesn’t.
Christmas Public Holidays Australia Employer Obligations by State
| | Saturday 24 December Christmas Eve | Sunday 25 December Christmas day | Monday 26 December Boxing Day | Tuesday 27 December |
| Australian Capital Territory | X | Public Holiday | Public Holiday | Additional public holiday for Christmas Day |
| New South Wales | X | Pubic Holiday | Public Holiday | Additional public holiday for Christmas Day |
| Northern Territory | Public Holiday -7pm to 12 midnight | Public Holiday | Additional public holiday for Christmas Day | Substitute day for Boxing Day |
| Queensland | Public Holiday - 6pm to 12 midnight | Public Holiday | Public Holiday | Additional public holiday for Christmas Day |
| South Australia | Public Holiday -7pm to 12 midnight | Public Holiday | Additional public holiday for Christmas Day | Public holiday for Boxing Day/Proclamation Day |
| Tasmania | X | Public Holiday | Public Holiday | Additional public holiday for Christmas Day |
| Victoria | X | Public Holiday | Public Holiday | Additional public holiday for Christmas Day |
| Western Australia | X | Public Holiday | Additional public holiday for Christmas Day | Additional public holiday for Boxing Day |
Not every date is a gazetted public holiday. If it’s marked “X”, normal award or EBA rates apply.
| | Saturday 31 December New Year’s Eve | Sunday 1 January New Year’s Day | Monday 2 January | Thursday 26 January Australia Day |
| Australian Capital Territory | X | Public Holiday | Additional public holiday for New Year's Day | Public Holiday |
| New South Wales | X | Public Holiday | Additional public holiday for New Year’s Day | Public Holiday |
| Northern Territory | Public Holiday from 7pm-12 midnight | Public Holiday | Additional public holiday for New Year’s Day | Public Holiday |
| Queensland | X | Public Holiday | Additional public holiday for New Year’s Day | Public Holiday |
| South Australia | Public Holiday from 7pm-12 midnight | Public Holiday | Additional public holiday for New Year’s Day | Public Holiday |
| Tasmania | X | X | Substitute day as New Year's Day falls on a weekend | Public Holiday |
| Victoria | X | Public Holiday | Additional public holiday for New Year’s Day | Public Holiday |
| Western Australia | X | Public Holiday | Additional public holiday for New Year’s Day | Public Holiday |
Not every date is a gazetted public holiday. If it’s marked “X”, normal award or EBA rates apply.
Employer Obligations for Paying Staff on Christmas Public Holidays
As always, it is extremely important that you pay your employees correctly so to help you work out what needs to happen with all the additional public holidays, read on…
If your full or part time employee usually works on a day that is deemed a Public Holiday, it is categorised as a paid day without working.
If the public holiday falls on a day that an employee is not normally rostered to work, you don’t need to do anything.
Example
Your part-time interior designer works Monday and Tuesday every week in Victoria.
You must pay her normal rates for:
- 26 December
- 27 December
- 2 January
These are gazetted public holidays. They don't come out of her annual leave balance so you don't need to pay her for 26 January if it falls on a Thursday. It's not part of her usual working pattern.
Shutdown Period Employer Obligations Over Christmas
If your business shuts down over the Christmas period and you’ve communicated this properly in line with your award or EBA:
- Employees can take annual leave (if accrued)
- Or unpaid leave (if no leave is available)
This applies only to days that are not public holidays.
Rostering Rules and Employer Obligations During Public Holidays
Short answer: no.
If your part-time employee usually works Monday and Tuesday, you cannot simply move those hours to later in the week to avoid public holiday payments.
You must:
- Pay them for their usual days (even if they don’t work)
- Pay applicable penalty rates if they do work on the public holiday
If they work additional days later in the week:
- You may need to pay overtime rates
- This depends on the award or contract
This is where businesses get caught out.
Check Your Award (Seriously)
Different awards have different rules around:
- Overtime
- Additional hours
- Penalty rates
Before making any changes to rosters or pay, check your award carefully.
If you’re unsure, it’s worth getting it right upfront rather than fixing it later.
For official guidance, you can also refer to the Fair Work Ombudsman. Understanding Christmas public holidays Australia employer obligations now will save you time, confusion and potential payroll issues later.
Need Help?
If you’re unsure how to apply your award or EBA over the Christmas public holiday period, speak to the HR Staff n’ Stuff team.
It’s much easier to get it right now than explain it later.
