When do penalty rates apply this holiday period?

December 8, 2022

As the end of the year approaches, many workplaces will be starting to wind down. Managers and staff alike will be looking forward to end of year functions, family gatherings, or just some well earned downtime. 


At the same time, this can be a tricky time for employers, as there are a number of public holidays – with associated penalty rates – to be navigated within a short period of time. That’s especially true for years like this one, where Christmas Day and New Years Day both fall on a weekend. 


It's important then for employers to know on which days public holiday penalty rates apply – understanding that this varies from state to state. 


Here are some of the key things to be aware of: 


  • All states have public holidays on 25 December (Christmas Day), 26 December (Boxing Day or additional public holiday for Christmas Day), and 27 December (additional public holiday for Christmas Day or substitute public holiday for Boxing Day). 
  • In addition, some states have part-day holidays for Christmas Eve on 24 December: Northern Territory (7pm to midnight), Queensland (6pm to midnight), and South Australia (7pm to midnight). 
  • Most states have an additional public holiday for New Years Day on Monday 2 January. The exception is Tasmania, where 2 January is a substitute public holiday, instead of 1 January.


Wherever you’re located and whatever your business, make sure you’re across the details to avoid underpaying staff who may be working on designated public holidays. 


Check the Fair Work Ombudsman page for a state by state breakdown of 2022 public holidays. Contact us if you require assistance with understanding penalty payments this festive season. 

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