The Christmas and New Year period can significantly impact business operations for organisations across Australia. Some businesses may become significantly busier to keep up with demand, whilst others may be shutting down. With the festive season approaching there are important employee entitlements that you should now be planning for.
Public Holidays – Christmas Holiday Chart
| NSW, VIC, ACT, WA & TAS | QLD | SA | NT | |
| Christmas Eve – December 24th | No | 6pm – 12am | 7pm – 12am | 7pm – 12am |
| Christmas – December 25th | Yes | Yes | Yes | Yes |
| Boxing Day – December 26th | Yes | Yes | Yes | Yes |
| New Year’s Eve – December 31st | No | No | 7pm – 12am | No |
| New Year’s Day – January 1st | Yes | Yes | Yes | Yes |
For all states, Christmas Day, Boxing Day and New Year’s Day will be public holidays. Some states have opted to have part-day public holidays on Christmas Eve and New Year’s Eve. Look at the table above to see which dates are public holidays for your state.
Public Holidays – Information
If employees are required to work on a public holiday, then you must ensure they are paid the appropriate penalty rates under the relevant Award or Agreement.
Some Awards have additional requirements when it comes to public holidays, including additional minimum engagement requirements. Additionally, where an employee would regularly work on a day a public holiday falls, but is not required to work, may be entitled to receive their ordinary hours.
For support in understanding your obligations for public holidays, reach out to our support team.
Shutdown Periods
For many businesses, shutdown over the Christmas and New Year period is standard practice.
Generally, employers who are shutting down all or part of their operations have an obligation to:
- Provide employees with at least 28 days notice of the shutdown period (or as soon as possible if there is a new employee that joins within that period);
- Provide that notice in writing.
- Include the direction to access annual leave; and
- Advise the employee of the leave options available, including access to annual leave or annual leave in advance if the applicable Award or Agreement allows it.
Awards and Agreements will set out specific provisions that apply to you, so it is important to check what applies to you before enacting a shutdown.
Annual Leave Loading
Annual leave loading is provided under certain Awards and Agreements while employees are on annual leave. Employers should determine the relevant Award or Agreement coverage for their employees to determine if annual leave loading is applicable.
Need Advice?
The Christmas period can be stressful for employers, especially when navigating shutdowns. For support in the shutdown process, notification or leave entitlements, reach out to us on the below information.
And as always, we welcome you to contact our team if you have any questions regarding this matter or any other HR concerns.