April is jam-packed with public holidays – including Easter – but do you know your rights and obligations as an employer through this period?
We all know agriculture doesn’t stop just because it’s Easter, but it’s important to be aware of what you need to do to maintain your agribusinesses compliance over this period.
When are the Easter Public Holidays for 2025?
Good Friday – Friday, 18 April (National)
Easter Saturday – Saturday, 19 April (except Tasmania and Western Australia)
Easter Sunday – Sunday, 20 April (except Tasmania)
Easter Monday – Monday, 21 April (National)
Easter Tuesday – Tuesday, 22 April (For government employees in Tasmania only)
Don’t forget, Anzac Day also falls on Friday, 25 April (National) this year, adding to the raft of April public holidays.
Your Public Holiday Employer Obligations
Your obligations for public holiday pay are typically outlined in the relevant modern award or enterprise agreement. These documents spell out the specific penalty rates for your industry.
No award or agreement? No worries. In that case, your employee’s contract will be the go-to for determining public holiday pay.
What’s The Law?
When it comes to public holidays, the Fair Work Ombudsman mandates that workers receive at least their base pay rate. However, our experience has shown that many industry awards and agreements go the extra mile to recognise the dedication of those keeping our farms and production lines running, even on holidays.
These additional entitlements often include:
- Public holiday penalty rates
- Extra day off or additional annual leave
- Minimum shift lengths on public holidays
- Time in lieu arrangements
For instance, the Pastoral Award 2020 allows for time in lieu arrangements and penalty wages. This approach ensures that our hardworking farm hands, shearers, and livestock attendants are fairly compensated for their dedication during public holidays.
The award stipulates that; “An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.”
Otherwise, penalty rates ranging from 200% to 250% of the ordinary hourly rate apply to wages, depending on the specific role and circumstances.
In the Horticulture Award 2020, public holiday arrangements could be a time in lieu agreement or penalty wages. Casual employees are to be paid 225% of the employee’s ordinary hourly rate (inclusive of the casual loading). All other staff are paid at 200% of the ordinary hourly rate or 200% of the piece rate.
Can I Make Employees Work on Easter?
Under the Fair Work Act 2009, employers can request that employees work on a public holiday if the request is reasonable. Conversely, employees have the right to refuse to work on a public holiday if they have valid reasons for doing so. In the first scenario, the burden of proof lies with the employer, while in the second, it rests with the employee.
This entirely depends on the request being ‘reasonable’. The idea of ‘reasonableness’ is measured against a lot of different factors, including:
- the employee’s personal circumstances, such as their family responsibilities
- whether the employee is entitled to penalty pay or additional compensation that reflects the expectation to work on a public holiday
- whether the employee works in a full-time, part-time, casual or shift work capacity
- the advance notice given by the employer in making the request
- the advance notice given from the employee if they refuse the work
- whether the employee’s existing employment contract and salary includes work on a public holiday
- whether the employee could reasonably expect the employer might request work on the public holiday.
Understanding your obligations around public holidays is crucial for valuing your hardworking team and keeping your operation running smoothly. Need a hand sorting it all out? That’s what we’re here for. Give us a bell, and we’ll help you ensure your workforce is fairly compensated, keeping your business thriving and contributing to our nation’s agricultural success.
Sources: Horticulture Award 2020, Pastoral Award 2020, National Employment Standards (NES)
Featured Image: Spiritze via Pixabay