The silly season is approaching fast and to make things easier we have provided a list of 2023 public holidays and some guidelines as to how to navigate staffing issues that may arise. If you have any further questions please reach out to the NBIA IR & HR Consultant via the Members Hotline (1300 557 022) or email.
As always, work performed on a public holiday must be paid at a special penalty rate which is specified in the relevant Award. The pay schedules provided earlier this year and available on the members portal outline the exact rates to be paid.
2023 Public Holidays in Queensland and Northern Territory
- Sunday 24 December – Christmas Eve (from 6 pm in Queensland)
- Sunday 24 December – Christmas Eve (from 7 pm in Northern Territory)
- Monday 25 December – Christmas Day
- Tuesday 26 December – Boxing Day
2023 Public Holidays in all other Australian states
- Monday 25 December – Christmas Day
- Tuesday 26 December – Boxing Day
Please remember employees who are rostered to work on a public holiday must be rostered for a minimum of four (4) hours.
Baking business owners cannot “demand” that an employee work on a public holiday. If a business needs work performed on a public holiday, please adhere to the following process:
- Ask the employee if they are willing to work on the specific public holiday; then
- If the employee refuses to work on that holiday, ask them for the reason why; then
- Decide if the refusal is “reasonable”; then
- Determine that the refusal is not “reasonable”, and direct the employee to work.
As per the guidelines found on the Fair Work Ombudsman’s website if an employee refuses to work on a public holiday as reasonably directed, they may be terminated for failing to comply with a lawful direction, and they may be refused payment for the public holiday. When deciding if a refusal to work on a public holiday is “reasonable” we have to consider the following issues:
- Has the employee worked on a public holiday this year?
- Has the employee worked on previous Christmas and Boxing Day holidays?
- Was the employee advised that working on such days may be required?
- Does the employee have any specific care or family responsibilities?
- Has the employee had to work excessive hours recently?
Remember to consider all of these plus any other circumstances which may impact what is considered “reasonable” when consulting with the staff member but you don’t have to accept nonsense. The key is to be reasonable in all the circumstances.
NBIA Members receive free over-the-phone and email HR & IR advice from our consultant. If you have any queries or concerns relating to 2023 public holidays or any other workplace matter, please call the NBIA Membership Hotline at 1300 557 022 or email the membership officer.