Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 116

Payment for absence on public holiday

    If, in accordance with this Division, an employee is absent from his or her employment on a day or part - day that is a public holiday, 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 part - day.

Note:   If the employee does not have ordinary hours of work on the public holiday, the employee is not entitled to payment under this section. For example, the employee is not entitled to payment if the employee is a casual employee who is not rostered on for the public holiday, or is a part - time employee whose part - time hours do not include the day of the week on which the public holiday occurs.


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