public holiday

In Australia, there is a set of national public holidays under the Fair Work Act, and each state and territory can also declare its own public holidays. In this piece, we'll look at all these lists and give an overview of public holiday pay. We'll also cover the concept of reasonable request and reasonable refusal when it comes to working on a public holiday.

This article is for anyone new to the HR profession, or anyone who would like a refresher. Read on for the basics of public holidays or scroll to the bottom for the latest news.

Public holidays in Australia

In Australian law, a public holiday is a day (or part‑day) set in the Fair Work Act or declared under state or territory law.

These are the national public holidays declared under the Fair Work Act 2009:

Holiday Observed on
New Year's Day 1 January
Australia Day 26 January
Good Friday varies per year; in 2026, it's on 3 April
Easter Monday varies per year; in 2026, it's on 6 April
Anzac Day 25 April
King's Birthday Date set by each state/territory
Christmas Day 25 December
Boxing Day 26 December
Other public holidays declared under state or territory law dates vary by jurisdiction

Public holiday per state/territory

The federal government sets out core public holidays, with each state and territory declaring their own public holidays based on state or territory laws. Some examples of state-based holidays are:

  • Labour Day in Australian Capital Territory, New South Wales, Queensland, South Australia, Victoria, and West Australia
  • Western Australia Day in Western Australia
  • the Friday before AFL Grand Final and Melbourne Cup holiday in Victoria
  • region‑specific days such as regional Royal Shows in Tasmania and Queensland

Some state/territory laws also have an additional day if a public holiday falls on a weekend (Boxing Day, for example).

Here is a listing of each public holiday at the state/territory level for 2026:

Australian Capital Territory
Public holiday Dates in 2026
New Year's Day 1 January
Australia Day 26 January
Canberra Day 9 March
Good Friday 3 April
Easter Saturday - the day after Good Friday 4 April
Easter Sunday 5 April
Easter Monday 6 April
Anzac Day 27 April
Reconciliation Day 1 June
King's Birthday 8 June
Labour Day 5 October
Christmas Day 25 December
Boxing Day 26 December
Additional public holiday for Boxing Day 28 December
New South Wales
Public holiday Dates in 2026
New Year's Day 1 January
Australia Day 26 January
Good Friday 3 April
Easter Saturday 4 April
Easter Sunday 5 April
Easter Monday 6 April
Anzac Day 25 April
King's Birthday 8 June
Labour Day 5 October
Christmas Day 25 December
Boxing Day 26 December
Additional public holiday for Boxing Day 28 December
Northern Territory

Regional holidays are not included in this list; see https://nt.gov.au/nt-public-holidays.

Public holiday Dates in 2026
New Year's Day 1 January
Australia Day 26 January
Good Friday 3 April
Easter Saturday 4 April
Easter Sunday 5 April
Easter Monday 6 April
Anzac Day 25 April
May Day 4 May
King's Birthday 8 June
Picnic Day 3 August
Christmas Eve - part day holiday (7 p.m. to midnight) Thursday 24 December 2026
Christmas Day 25 December
Boxing Day 26 December
Additional public holiday for Boxing Day 28 December
New Year's Eve - part day holiday (7 p.m. to midnight) 31 December
Queensland
Public holiday Dates in 2026
New Year's Day 1 January
Australia Day 26 January
Good Friday 3 April
The day after Good Friday 4 April
Easter Sunday 5 April
Easter Monday 6 April
Anzac Day 25 April
Labour Day 4 May
Royal Queensland Show (Brisbane area only) 12 August
King's Birthday 5 October
Christmas Eve (6 p.m. to midnight) 24 December
Christmas Day 25 December
Boxing Day 26 December
Additional public holiday for Boxing Day 28 December
South Australia
Public holiday Dates in 2026
New Year's Day 1 January
Australia Day 26 January
Adelaide Cup Day 9 March
Good Friday 3 April
Easter Saturday 4 April
Easter Sunday 5 April
Easter Monday 6 April
Anzac Day 25 April
King's Birthday 8 June
Labour Day 5 October
Christmas Eve (7 p.m. to midnight) 24 December
Christmas Day 25 December
Proclamation Day holiday 26 December
Additional public holiday for Proclamation Day 28 December
New Year's Eve (7 p.m. to midnight) 31 December
Tasmania

Tasmania - regional holidays not included in this list; see https://worksafe.tas.gov.au/topics/laws-and-compliance/public-holidays#Regional-holidays-(parts-of-Tasmania) .

Public holiday Dates in 2026
New Year's Day 1 January
Australia Day 26 January
Eight Hours Day 9 March
Good Friday 3 April
Easter Monday 6 April
Easter Tuesday (generally Tasmanian Public Service only) 7 April
Anzac Day 25 April
King's Birthday 8 June
Christmas Day 25 December
Boxing Day 28 December
Victoria
Public holiday Dates in 2026
New Year's Day 1 January
Australia Day 26 January
Labour Day 9 March
Good Friday 3 April
Saturday before Easter Sunday 4 April
Easter Sunday 5 April
Easter Monday 6 April
Anzac Day 25 April
King's Birthday 8 June
Friday before the AFL Grand Final Date TBC
Melbourne Cup 3 November (some regional areas in VIC mark it on a different day)
Christmas Day 25 December
Boxing Day 26 December
Additional public holiday for Boxing Day 28 December
Western Australia
Public holiday Dates in 2026
New Year's Day 1 January
Australia Day 26 January
Labour Day 2 March
Good Friday 3 April
Easter Sunday 5 April
Easter Monday 6 April
Anzac Day 25 April
Additional public holiday for Anzac Day 27 April
Western Australia Day 1 June
King's Birthday 28 September (some regional areas in WA mark it on a different day)
Christmas Day 25 December
Boxing Day 26 December
Additional public holiday for Boxing Day 28 December

The dates listed here can change. Always double‑check on the Fair Work Ombudsman website and your state or territory's public holiday calendar for the year.

Pay on a public holiday depends on three factors:

  1. whether the day is a public holiday where the employee is based
  2. whether the employee is absent or working on a public holiday
  3. what the relevant award or enterprise agreement says

Let's go over these points in more detail:

1. Whether the day is a public holiday where the employee is based

An employee is entitled to public holidays in the area where they're based for work. Let's say someone is based in Perth. They'll be working out of the Sydney office in the first two weeks of June. The first Monday in June is Western Australia Day.

If the employee usually works on Mondays, they can either:

  • not work and receive their base rate of pay for their ordinary hours; or
  • work and receive the public holiday entitlements set out in their award or enterprise agreement

The public holiday applies to where the employee is based, not where they are temporarily working.

2. Whether the employee is absent or working on a public holiday

An employee who normally works on the day of a public holiday should get their base rate of pay for their ordinary hours. This does not include:

  • bonuses
  • loadings
  • allowances
  • overtime
  • penalty rates

It is against the law to change an employee's roster to avoid paying their base rate.

Employees who do not usually work on the day of a public holiday – casual workers or part-timers, for example – do not receive public holiday pay under the NES.

3. What the relevant award or enterprise agreement says

When an employee works on a public holiday, they could be entitled to one of the following:

You should check the relevant award or agreement relevant to your employee. These outline what your employee is entitled to (and, in the case of additional pay, how much) when they work on a public holiday.

Calculating pay for different types of employees, across several locations, and under varying awards or agreements can be complicated. The Fair Work Ombudsman's Pay and Conditions Tool (PACT) can help you figure out what pay and entitlements your employee should receive.

Can you make employees work on a public holiday?

No employer can force employees to work on a public holiday. What they can do is make a request.

Under the law, this request to work on a holiday must be reasonable. If the employee refuses to work, that refusal must be reasonable, too.

A request to work, or a refusal, should be "reasonable"

What makes a request or refusal reasonable? The Fair Work Act tells us to consider factors such as:

  • the nature of the workplace and the work
  • the employee's personal circumstances, including caring duties
  • whether the employee could reasonably expect to be asked to work on that day
  • whether they receive penalty rates or higher pay that reflects an expectation of public holiday work
  • their type of employment (full‑time, part‑time, casual, shiftwork)
  • how much notice the employer gave of the request, and how much notice the employee gave of any refusal
  • any other relevant factor

In short, employers must make a reasonable request rather than give an instruction. Employees can say no if their refusal is also reasonable.

Landmark case: BHP Mitsubishi Alliance case

The BHP ruling from 2023 is a good example for HR teams. In 2019, BHP rostered 85 miners on Christmas Day and Boxing Day at the company's Daunia mine in Queensland. The company did not seek workers' consent to work on both days.

The court ruled that BHP should have made a request with the workers in line with the Fair Work Act. "Ultimately, after discussion or negotiation, the employer may require an employee to work on a public holiday if the request is reasonable, and the employee's refusal is unreasonable," the court said. BHP was ordered to pay $84,000 to the miners and $15,000 to the union.

This ruling shows how crucial it is for HR teams to follow the Fair Work Act and the NES. Any violation, whether intentional or not, could lead to penalties from government bodies, a breakdown of employee goodwill, and reputational damage.

For more examples of Fair Work Australia cases and court decisions, visit our section on employment law.

Best practice when asking employees to work on a public holiday

Certain industries like hospitality, retail, and essential services will need workers on shift during a public holiday. To strike a balance between meeting service standards and complying with labour laws, here are some best practices to consider:

  • Make sure your contracts and policies state that employees "may be requested" to work public holidays (not that they must)
  • Issue clear requests with reasonable notice, explain the penalty rates or alternative benefits, and record any outcomes
  • If you are rostering far in advance (for example, for a public holiday Australia‑wide long weekend), tell staff that shifts are proposed and will be finalised only after consultation

Contact an employment law firm for detailed guidance and a more fine-tuned approach.

The importance of following public holiday laws

Public holiday laws exist to recognise significant events in Australia's history and to protect employees' rights on those days. Breaches of the Fair Work Act, the National Employment Standards and state or territory legislation can expose employers to fines and other penalties.

To make sure your approach is compliant, check the relevant legislation and seek advice from an employment lawyer where needed. That way, you respect the law and your employees' time and contribution on these important days.

Public holiday FAQs

Is public holiday double pay?

Not necessarily; it depends on what the relevant award or enterprise agreement states. Visit the Fair Work Commission website to see a list of awards and agreements, and details for each.

Does public holiday count as annual leave?

No, they are separate from annual leave under the Fair Work Act.

If a public holiday falls on a day an employee is on paid annual leave (and it's a day they'd normally work), they must be paid for the public holiday. That day is not deducted from their annual leave balance.

How many public holidays in NSW?

NSW has around 11 public holidays each year, with an additional bank holiday in August that applies only to certain financial institutions. Check the NSW Government website for updated information.

How many public holidays in Victoria?

There are 13 holidays in Victoria, the most of any state or territory in Australia. (A national employer association in Victoria has previously said that businesses cannot afford another public holiday.)

Is Remembrance Day a public holiday in Australia?

No, it isn't, but many workplaces observe a minute of silence at 11 a.m. on 11 November to mark the occasion.

Is a bank holiday considered a public holiday?

Bank holidays are not public holidays, but some state/territorial governments include them in their public holiday list.

On a bank holiday – which falls on the first Monday of August for certain states/territories – financial institutions are required to close. This does not affect all employees, so it's best to check the relevant award or enterprise agreement and state-specific guidance.

Here's more of the latest public holiday news

Aged enterprise deal trips up Village Roadshow on Australia Day pay

What an old enterprise clause cost Village Roadshow when the calendar shifted

A verbal 'you're done' doesn't amount to dismissal: Fair Work

The employer had records, just not the witnesses to back them up

Australian workers are redefining public holidays – and HR needs to catch up

Australian workers are quietly redefining public holidays from “sacred time” to “negotiated time”. HR leaders who don’t modernise their leave and public holiday policies risk losing talent, trust and competitiveness

HR leaders urged to prepare for daylight saving payroll pitfalls

With daylight savings coming to an end, HR leaders risk accidental underpayments and wage theft claims if they don’t understand how “pay by the clock”

MPs probe whether National Employment Standards are keeping up with changing world of work

The government has convened to determine whether Australia’s National Employment Standards still provide a fair, simple safety net

Fired on a Sunday: employer loses adverse action case in Federal Court

Firing someone days after a formal complaint is a legal risk

How HR leaders can prepare for the extra Anzac Day public holiday

Employers told to prepare accordingly ahead of additional holiday

NES shake‑up looms: Why HR must treat 2026 as a transition year

HR leaders have been put on notice as Parliament launches a wide‑ranging review of Australia’s National Employment Standards (NES), with experts warning even “technical” tweaks could mean major work for contracts, policies and payroll in 2026

South Australian workers launch class actions over unpaid Sunday penalty rates

Accused employers include McDonald's, Woolworths, Big W, Coles, Hungry Jack's

Rushed one-day consultation lands CEVA Logistics with unfair dismissal finding

The employer had 18 vacant roles it never told the worker about