INDUSTRIAL UPDATE – Public Holidays and Related Requirements over Christmas | New Year Period

Member enquiries about Public Holidays in general, the days that are observed as Public Holidays, and in particular the entitlements relating to Casual Employees are the most common received in relation to the Christmas and New Year Period.

A brief summary of information is provided below that we trust you will find useful with regard to these enquiries.

PUBLIC HOLIDAYS  -  December 2016 / January 2017

Christmas Day is observed on Sunday 25 December

Boxing Day is observed on Monday 26 December 2016 & an Additional day for Christmas Day is observed on Tuesday 27 December 2016 for the following  -  ACT, NSW, QLD, VIC, WA, NT & TAS.

SA has Substituted Christmas Day & Boxing Day they will be observed on Monday 26 & Tuesday 27 December 2016 respectively.

Christmas Eve 24 December 2016 & New Years Eve 31 December 2016 are public holidays from 7pm  -  Midnight in SA only.

New Years Day and Australia Day public holidays listed below are observed by all States and Territories.

New Years Day is observed on Sunday 1 January 2017 and an additional day is Monday 2 January 2017.  (Except in NT where it is a substituted public holiday).

Australia Day is observed on Thursday 26 January 2017.

CLICK HERE for information on 2017 public holidays which are generally observed in each State and Territory of Australia.
(Source of information: Fair Work Ombudsman)

Fulltime or Part Time employees performing work on a public holiday must be paid double time or ordinary time plus the equivalent day off in lieu as mutually agreed. Please also note that Fulltime or Part Time employees normally rostered on a public holiday are entitled to time off without loss of wages.

Casual Employees are not entitled to any of the public holiday benefits applying to full-time employees. All work performed by a casual employee on a public holiday is at their normal Casual rate of pay in accordance with the Horse & Greyhound Training Award 2010 (HGTA).

The ATA has previously received correspondence from the Fair Work Ombudsman (FWO), that states “FWO are of the view that a casual employee working on a public holiday is excluded from the penalty rates provided at clause 26.3 of the Training Award. FWO note that this is consistent with the operation under the key pre-modern award in the industry, the Horse Training Industry Award 1999 [AP783476]”.

In the event that a pay period ends on or before a public holiday an Employer is required to ensure that Employees receive payment of wages at least (1) day prior.

The ATA’s Industrial Relations Manager - Wayne Lee, is contactable on (03) 9372 1688 or email should Members require further assistance.


On behalf of the Executive, Management and Team from the Australian Trainers’ Association
we extend our best wishes to Members for the festive season
and a safe, happy and prosperous 2017.