2025 Public Holidays in Australia: What Employers Need to Know 

| January 30, 2025

A new year always begins with a public holiday—1 January for New Year’s Day. However, this is just the first of many public holidays throughout the year.

Employers must be aware of these dates to ensure compliance with workplace laws and to manage staffing, payroll, and entitlements correctly. The National Employment Standards (NES) under the Fair Work Act 2009 (FWA) outline the standard public holidays observed across Australia. 

National Public Holidays in Australia (2025)

Under the NES, the following public holidays apply nationwide: 

In addition to these, each State and Territory may declare additional public holidays or prescribe alternative dates for some holidays. 

State and Territory-Specific Public Holidays 

Each State and Territory in Australia has its own additional public holidays, which can vary based on regional traditions, events, and historical observances. 

For example: 

For a full list of public holidays in your location, visit the official State and Territory government websites

Recognising the Right Public Holiday for Your Business 

If your business operates across multiple States and Territories, it is crucial to be aware of which public holidays apply to your employees. Even if you operate in just one State, some regional public holidays may vary within the same State.

For example, in Queensland: 

This variation means employers must ensure they apply the correct public holiday entitlements based on an employee’s designated work location. 

Flinders Street Station and a passing tram at sunset, representing Australia’s diverse workplaces and public holiday considerations.

How Public Holiday Entitlements Are Determined 

An employee’s entitlement to a public holiday benefit is based on where they are employed, not where they are working on the day. 

Example Scenario:

A company has an employee whose official work location is Brisbane, but they are required to work in Barcaldine on 3 October (Barcaldine Show Day). 

Since the employee’s primary work location is Brisbane, they are only entitled to Brisbane’s public holidays, even if they work elsewhere on a public holiday. This distinction is important for employers managing mobile workforces, remote employees, or teams working across different regions. 

Requests to Work on a Public Holiday

Under section 114 of the Fair Work Act 2009 (Cth) (FWA), employers can request an employee to work on a public holiday. However, the request must be reasonable, considering factors such as the business’s operational needs and the employee’s circumstances. 

An employee can refuse to work on a public holiday if: 

  1. The request itself is unreasonable; or 
  2. The employee has reasonable grounds for refusal, such as personal circumstances (e.g., parental responsibilities). 

Factors That Determine Reasonableness 

The reasonableness of a request depends on several factors, including: 

The nature of the workplace, including operational requirements and the nature of the work performed
The personal circumstances of the employee
Whether the employee could reasonably expect to be asked to work on public holidays
The entitlements an employee would receive for working on a public holiday
The amount of notice given for the request to work on a public holiday
The employee’s status (permanent or casual)2

Key Court Decision on Public Holiday Requests 

In Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd, the Full Federal Court ruled that an employer must formally request an employee to work on a public holiday—it cannot simply require it. 

This means that: 

This decision confirms that employers cannot make working on a public holiday mandatory without following the proper request-and-refusal process. 

State and Territory Public Holiday Resources 

To ensure compliance and check the most up-to-date public holiday listings, visit the relevant government websites for your State or Territory: 

Understanding public holidays in Australia is essential for workforce planning, payroll management, and compliance with employment laws.

By ensuring that employees receive the correct entitlements, businesses can avoid payroll errors, disputes, and compliance risks. For further guidance on public holiday obligations, workforce planning, or Fair Work compliance, contact IRiQ Law today. 

1 Fair Work Act 2009 (Cth) s115.  

2 Fair Work Act 2009 (Cth) s114(4).  

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