Industrial Relations Act 2016

Subsection (2) applies if—

under this part, an employee is absent from employment on a day, or part of a day, that is a public holiday; and

the employee would ordinarily have been required to work on the day or the part of the day.

The employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work on the day or the part of the day.

An employee, while employed by the same employer, is only entitled to be paid under subsection (2) for a show holiday once in each calendar year.

If an employee does work on a public holiday, the employer must pay the employee—

if an applicable industrial instrument applies to the employee—the penalty rates provided for under the instrument; or

otherwise—at the rate of pay that would be paid to the employee if the public holiday was not a public holiday.

In this section—

base rate of pay means the rate of pay payable to the employee for the employee’s ordinary hours of work, but not including any of the following—

incentive-based payments and bonuses;

loadings;

monetary allowances;

overtime or penalty rates;

any other separately identifiable amounts.