Public Holiday Pay Rates & Rules
By CrossVault · Updated
Working on a gazetted public holiday attracts the highest penalty rates in the SCHADS Award. Clauses 34.2 and 26 set the rates, the non-stacking rules, and the way penalty applies to spanning shifts. Getting any of those three wrong is one of the most common over- and under-payment errors in NDIS payroll.
Quick Facts
- FT / PT Penalty
- 250% — "double time and a half" (cl.34.2(a))
- Casual Penalty
- 275% (cl.34.2(d)) — inclusive of casual loading
- Applies To
- Actual PH hours only — not entire spanning shift
- Non-stacking
- PH rate is in lieu of shift / weekend rates (cl.34.2(b))
Tools & Resources
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The 250% / 275% Rate
If you are required to work on a public holiday, you are paid 250% of your minimum hourly rate under clause 34.2(a) — described in the award as "double time and a half". For casuals, the rate is 275% under clause 34.2(d), which is inclusive of the 25% casual loading rather than added on top.
These rates apply to the actual hours worked on the public holiday. Workers who are not required to work on a public holiday that falls on a day they would normally work are entitled to be paid their ordinary rate for that day (for full-time and part-time workers).
These rates apply to the actual hours worked on the public holiday. Workers who are not required to work on a public holiday that falls on a day they would normally work are entitled to be paid their ordinary rate for that day (for full-time and part-time workers).
Non-stacking with weekend / shift rates (cl.34.2(b))
Under clause 34.2(b) the public holiday penalty is in lieu of weekend rates and shift premiums — it does not stack on top of them.
This is what trips up payroll systems that simply add penalties together. A public holiday afternoon shift attracts 250%, not 250% + 12.5% afternoon loading. A public holiday that falls on a Sunday attracts 250%, not 250% + 200%. The clause 26 weekend hierarchy and the clause 29 shift loadings drop away on the public holiday — only the cl.34.2 rate applies.
Allowances are different. Unlike penalty rates, allowances (broken shift, travel) are paid in addition to the public holiday rate.
This is what trips up payroll systems that simply add penalties together. A public holiday afternoon shift attracts 250%, not 250% + 12.5% afternoon loading. A public holiday that falls on a Sunday attracts 250%, not 250% + 200%. The clause 26 weekend hierarchy and the clause 29 shift loadings drop away on the public holiday — only the cl.34.2 rate applies.
Allowances are different. Unlike penalty rates, allowances (broken shift, travel) are paid in addition to the public holiday rate.
Christmas, Easter, Anzac Day
These rules apply to all gazetted public holidays in your state or territory. If a holiday falls on a weekend and a substitute day is declared (e.g. Monday in lieu), the penalty applies to the day designated as the public holiday in your jurisdiction — not both the original and the substitute.
Midnight-spanning shifts — only the PH hours
A common error: applying the public holiday rate to an entire shift that spans midnight on either side of the public holiday.
Only the hours actually falling on the public holiday attract the 250%. Hours before midnight on the prior day, or after midnight on the day after, are paid at the rate applicable to that day (ordinary, evening, Saturday, Sunday, as relevant).
Worked example. A full-time disability support worker does a shift from 10pm on the night before a public holiday to 6am on the public holiday. The 10pm–12am portion (2 hours) is at ordinary or evening rates depending on the day-before. The 12am–6am portion (6 hours) is at the 250% public holiday rate. Applying 250% to the full 8 hours overpays the pre-midnight portion; applying ordinary rates to the full shift underpays the post-midnight hours. Both errors are common.
Only the hours actually falling on the public holiday attract the 250%. Hours before midnight on the prior day, or after midnight on the day after, are paid at the rate applicable to that day (ordinary, evening, Saturday, Sunday, as relevant).
Worked example. A full-time disability support worker does a shift from 10pm on the night before a public holiday to 6am on the public holiday. The 10pm–12am portion (2 hours) is at ordinary or evening rates depending on the day-before. The 12am–6am portion (6 hours) is at the 250% public holiday rate. Applying 250% to the full 8 hours overpays the pre-midnight portion; applying ordinary rates to the full shift underpays the post-midnight hours. Both errors are common.
Public holiday rate hierarchy in payroll systems
The verdict logic when reviewing a payroll export is: pay data present and matches the required loading -> correct; pay data present and below 250% (FT/PT) or 275% (casual) for the PH hours -> underpayment; expense values are $0 because pay is handled in a downstream system (e.g. Xero) -> note and surface the hours that require the loading rather than declare a fail. The hours that need PH loading should always be listed, even on a pass, so payroll can cross-check the downstream calculation.
Common public-holiday errors
The recurring mistakes in audits: applying the PH rate to an entire midnight-spanning shift; stacking the PH rate on top of Saturday or Sunday rates instead of using the higher single rate; missing the PH rate altogether on substitute days where the original holiday fell on a weekend; and applying the casual loading on top of the 275% PH casual rate (the 275% already includes the casual loading — adding 25% again is a 300% overpay).
Common Questions
Frequently Asked Questions
- Can I refuse to work a public holiday?
- An employee can refuse to work on a public holiday if the request is not reasonable or if the refusal is reasonable (e.g., family commitments, religious observance).
- Is the casual rate 275% on top of casual loading?
- No. The 275% public holiday rate for casuals already includes the 25% casual loading. Adding casual loading on top is a 300% calculation and an overpayment.
- Does a Saturday or Sunday penalty stack with the PH rate?
- No. Under cl.34.2(b) the public holiday rate is in lieu of weekend and shift penalties. A PH that falls on a Sunday attracts 250% (FT/PT) — not 250% + 200%.
- My shift starts at 10pm before the public holiday and ends at 6am on the holiday. How is it paid?
- The pre-midnight portion (10pm–12am) is at the rate applicable to that day — ordinary or evening, depending on day-before. The post-midnight portion (12am–6am) is at the 250% public holiday rate. Applying 250% to the entire 8-hour shift is one of the most common payroll errors.
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