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:
- 1 January – New Year’s Day
- 26 January – Australia Day
- Good Friday (Date varies)
- Easter Monday (Date varies)
- 25 April – Anzac Day
- The Sovereign’s Birthday (Date varies by State/Territory)
- 25 December – Christmas Day
- 26 December1 – Boxing Day
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:
- Queensland has an extra public holiday on Easter Sunday, while in Tasmania, Easter Sunday is not a public holiday.
- Different regions within a single State may also have unique holidays, such as Show Day holidays in various locations.
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:
- Brisbane Show Day – 13 August 2025
- Noosa Show Day – 12 September 2025
- Barcaldine Show Day – 3 October 2025
This variation means employers must ensure they apply the correct public holiday entitlements based on an employee’s designated work location.
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).
- Will the employee receive a public holiday benefit for 3 October? → No
- Will the employee receive a public holiday benefit for Brisbane Show Day on 13 August? → Yes
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:
- The request itself is unreasonable; or
- 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:
- Employers must ask employees to work a public holiday.
- Employees have the right to refuse, provided their refusal is reasonable.
- The request process does not need to be complex—it can be a simple exchange of communication.
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:
- Queensland Public Holidays
- New South Wales Public Holidays
- Victoria Public Holidays
- Tasmania Public Holidays
- Australian Capital Territory Public Holidays
- Northern Territory Public Holidays
- South Australia Public Holidays
- Western Australia Public Holidays
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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