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What if a rostered day off falls on a public holiday?

This question was recently sent to our Workplace Advice Line.
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What if a rostered day off falls on a public holiday?

What if a rostered day off falls on a public holiday?

7 December 2020

If a rostered day off falls on a public holiday, are workers entitled to an alternative day off?

This question was recently sent to our Workplace Advice Line.

Q Some of our employees work on a rostered day off (RDO) system which allows them to take every second Monday off. The additional Boxing Day public holiday falls on a Monday this year and will coincide with some of our employees' day off.

Is the RDO absorbed by the public holiday or are employees entitled to another day off? The workers are covered by the Food, Beverage and Tobacco Manufacturing Award 2010.
 
A Generally, a modern award that allows for a Rostered Day Off (RDO) system usually provides that the RDO cannot fall on a public holiday. It is to be taken at some other mutually agreed time. This is because the public holiday provisions of the Fair Work Act and the relevant state or territory public holiday law determine which day or days are proclaimed as a public holiday.

The applicable modern award will usually refer to the National Employment Standards with respect to the observance of public holidays and provide for an arrangement for when a day off for a public holiday is to be taken by an employee.
 
For example, the Food, Beverage and Tobacco Manufacturing Award 2010 (cl.37.3) provides that where a full-time employee’s ordinary hours of work are structured to include a day off, and such day falls on a public holiday, the employee is entitled to either:

  • 7.6 hours of pay at the ordinary time rate, or
  • 7.6 hours of extra annual leave, or
  • a substitute day off on an alternative week day.

Where an employee has credited time accumulated, such credited time should not be taken as a day off on a public holiday.
 
Reference should be made to the applicable modern award or enterprise agreement to determine what arrangements may be agreed to between an employer and an employee when a public holiday falls on a RDO.
 

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