Christmas is almost here, and you need to know your entitlements over this period. Here are the answers to some of the most common questions we receive from members.

It is most important to note that your specific entitlements on public holidays are governed by the Agreement or Award applicable to your employment.

Depending on which company you work for, there may be some differences in the rights outlined below. You should refer to your Agreement or Award to ensure your workplace entitlements are observed.

Do I have to work on a public holiday?

Most Agreements negotiated by the SDA provide that all work on a public holiday is voluntary for all employees, including casuals.

Full-time and part-time employees who are rostered on, but who refuse to work, receive the benefit of the public holiday at the ordinary-time rate of pay.

For employees covered by the General Retail Industry Award (GRIA), public holiday entitlements are covered by the National Employment Standards (NES).

The NES provides that an employee is entitled to be absent on a public holiday, however, an employer may request that an employee work on a public holiday if the request is reasonable.

An employee may refuse an employer’s request to work on a public holiday if the employer’s request is unreasonable.
In determining if a request, or a refusal of a request, to work on a public holiday is reasonable, the following matters must be taken into account:

• The nature of the work;
• The employee’s personal circumstances, including family responsibilities;
• Whether the employee is entitled to receive overtime payments, penalty rates or other compensation for work on the public holiday;
• The amount of notice given by the employer;
• The amount of notice given by the employee when refusing the request;
• Any other relevant information.

What if my roster does not include a public holiday?
Permanent team members whose usual roster does not include the public holiday as a working day, do not receive a benefit for the day.

Casual team members do not receive a benefit for a public holiday on which they do not work.

What do I get paid if I work on a public holiday?

Typically, SDA-negotiated Agreements and Awards provide for the following entitlements:

If an employee works on a public holiday

If an employee works on a public holiday they are paid the public holiday penalty rate. For permanent employees, this is the base rate of pay +125% (total of 225%).

For casual employees, this is the base rate of pay +150% inclusive of the casual loading (total of 250%)

A permanent employee can request time off in lieu or an equivalent day of annual leave instead of receiving penalty rates for working on a public holiday. This arrangement is by mutual agreement between the company and the employee. If no agreement can be reached on the method of compensation, the default arrangement shall be the payment of public holiday penalty rates.

Date	Public Holiday	Trading Arrangements
Christmas Eve, 24th December	Yes, from 6pm	This is a public holiday from 6pm. This was won by SDA members campaigning the Palaszczuk Labor government in 2019 and now means public holiday rates apply for work after 6pm and is voluntary for most SDA members. All non-exempt stores (large supermarkets, hardware stores and department stores) must close at 6pm.
Christmas Day 25th December	Yes	Christmas day Saturday 25th is a  restricted trading day, which means only certain shops and businesses are allowed to open. Non-Exempt stores are not allowed to open. Exempt stores including but not limited to chemists, petrol sites, small independent supermarkets and fast food places are allowed to open. These are public holidays and public holiday rates apply for work done on the day and is voluntary for most SDA members.
Boxing Day 26th December	Yes	All shops can trade on this day. Public Holiday rates apply.
New Years Day, 1 January 2024	Yes	All shops can trade on this day. Public Holiday rates apply.

If an employee does not work on a public holiday

A permanent employee whose roster includes the public holiday as a working day, but who does not work, receives the benefit of the public holiday by having the day off and being paid the ordinary single hourly rate of pay for the hours they are normally rostered to work.

Can my employer change my roster to avoid paying me a public holiday benefit?
Under most Agreements and Awards negotiated by the SDA, it is illegal for an employer to change your roster to avoid the payment of a public holiday entitlement.

If your roster is changed to your detriment over the Easter period or on Anzac Day or if you are not paid correctly, you should contact the SDA immediately.

If you are rostered to work on a public holiday but you are sent home early, it is the SDA’s position that you must still be paid for the total number of hours that you agreed to work. This applies even to casuals.

If you are sent home early, and are not paid for the full hours you were contracted to work, you should contact the SDA without delay.

Contact the SDA
If you have any questions about your public holiday entitlements or trading arrangements over the Christmas period, please speak to your SDA Shop Steward, Delegate, Organiser or call the SDA.