Public holidays in Australia

Public Holidays in Australia. Public holidays in Australia are declared on a state and territory basis.

Nature of public holidays

Traditionally, work, public or private, were entitled to take off a public holiday with regular pay. In recent years this tradition has changed somewhat. For example, businesses that are normally open on a public holiday may request employees to work on the day, and refusal can only be denied by the employer on reasonable business grounds.

The entitlement to penalty rates was eliminated entirely in many workplaces under WorkChoices; however since the implementation of the Fair Work Act 2009 and the modern awards in 2010, most public holiday penalty rates have increased dramatically. Currently, employees are generally paid at a penalty rate—usually 2.5 times (known as "double time and a half") the base rate of pay.

Besides designating days as public holidays, some of these days are also designated as restricted trading days.

Public holidays are determined by a combination of:

• Statutes, with specific gazetting of public holidays; and
• Industrial awards and agreements.

If a standard public holiday falls on a weekend, a substitute public holiday will sometimes be observed on the first non-weekend day (usually Monday) after the weekend, whether by virtue of the public holiday legislation or by ad hoc proclamation. If a worker is required to work on a public holiday or substituted public holiday, they will usually be entitled to be paid at a holiday penalty rate.

All states have their own public holidays in addition to national public holidays, and in some states public holidays are provided on a local basis, such as Melbourne Cup Day.

Alcohol licences in many states prevent sale of alcohol on certain public holidays, such as Good Friday.

Public holidays

Legend:

C = Conditional: Public Service employees or where defined in Employment Agreement/Award^[7]

H = Hobart area only

NH = Not Hobart area

^ Note that when Family and Community Day falls on Labour Day holiday in the ACT, this holiday changes to the 2nd Monday of 3rd term school holidays.^[8]

~ From 7 pm to midnight^[9]

† Outside of Melbourne, another day may be substituted instead.

* The holiday is legislated for the 3rd Monday of May. Since 2006 it has been moved via the issuing of a special Proclamation by the Governor, to the 2nd Monday of March, on a trial basis.^[10]

** Depends on occupation, generally from 6 pm to midnight^[11]

Substitute holidays for holidays falling on a weekend

When a public holiday falls on a weekend, the following work day may be considered a public holiday depending on the state/territory and the holiday in question.

NOTE: Prior to 2008, Victorian law only specified substitute holidays for New Year and Boxing Day, and only if they fell on a Sunday.^[19] From 2008, Victorian law specifies the substitute holidays in the table above.^[17]

Since Easter Monday can occur as late as 26 April (see Date of Easter) it is possible for the Easter Monday holiday to coincide with Anzac Day, as occurred in 2011. State Acts do not give a provision to separate the days when this occurs, so no additional public holiday is given by law. However an extra day is usually proclaimed by the minister, so as to have a steady number of public holidays each year.^[20][21][22] In the year 2038, Anzac Day will coincide with Easter Sunday.

Australia Day

Australia Day is Australia's national day celebrated on 26 January annually in all states and territories. 26 January was chosen because it is the day of the establishment of the first English settlement at Port Jackson by Captain Arthur Phillip in 1788.^[23]

Since 1960, the winner of the Australian of the Year award is announced by the Prime Minister on the eve of Australia Day (25 Jan).

Recorded celebrations date back to 1808 in Australia, and in 1818, Governor Lachlan Macquarie held the first official celebration of Australia Day.^[24] It was made a public holiday in New South Wales in 1836, and Victoria adopted the day as a public holiday in 1931. It commenced to be celebrated by all states and territories in 1946, but began to be actually celebrated on 26 January from 1994.

Labour Day

Labour Day commemorates the achievements of the Australian labour movement. The celebration of Labour Day has its origins in the eight-hour day movement, which advocated eight hours for work, eight hours for recreation, and eight hours for rest. On 21 April 1856 Stonemasons and building workers on building sites around Melbourne, Australia, stopped work and marched from the University of Melbourne to Parliament House to achieve an eight-hour day. Their direct action protest was a success, and they are noted as the first organised workers in the world to achieve an eight-hour day with no loss of pay, which subsequently inspired the celebration of Labour Day and May Day. In Tasmania the public holiday is called Eight Hours Day and in the Northern Territory it is called May Day.

The Labour Day public holiday varies considerably between the various states and territories. It is the first Monday in October in the Australian Capital Territory, New South Wales and South Australia. In both Victoria and Tasmania, it is the second Monday in March. In Western Australia, Labour Day is the first Monday in March. In the Northern Territory and Queensland,^[2] it is the first Monday in May.

Easter

The days of Easter vary each year depending on the day determined by the Western Christian calendar. Until 1994 Easter Tuesday was a Bank Holiday in Victoria (it retains this status partially in Tasmania). For the basis of how the days are determined see Easter. The NSW Public Holidays Act 2010 refers to the day after Good Friday as "Easter Saturday,"^[25] but the Victorian Public Holidays Act 1993 refers to it merely as "the Saturday before Easter Sunday."^[17]

ANZAC Day

ANZAC Day is a day on which the country remembers those citizens who fell fighting or who served the country in wars. ANZAC Day is commemorated on 25 April every year. The tradition began to remember the Australian and New Zealand Army Corps (ANZAC) soldiers who landed at Gallipoli in Turkey during World War I.

ANZAC Day commemoration features marches by veterans and by solemn "Dawn Services", a tradition started in Albany, Western Australia on 25 April 1923 and now held at war memorials around the country, accompanied by thoughts of those lost at war to the ceremonial sounds of The Last Post on the bugle. The fourth stanza of Laurence Binyon's poem For the Fallen (known as the "Ode of Remembrance") is often recited.

Queen's Birthday

In all states and territories except Queensland^[2] and Western Australia, Queen's Birthday is observed on the second Monday in June. Because Western Australia celebrates Western Australia Day (formerly Foundation Day) on the first Monday in June, the Governor of Western Australia proclaims the day on which the state will observe the Queen's Birthday, based on school terms and the Perth Royal Show.^[26] There is no firm rule to determine this date before it is proclaimed, though it is typically the last Monday of September or the first Monday of October. In 2011 the Queen's Birthday holiday in Western Australia was moved from Monday, 3 October 2011 to Friday, 28 October 2011 to coincide with the Commonwealth Heads of Government Meeting (CHOGM), which was held in Perth.^[27] The day has been celebrated since 1788, when Governor Arthur Phillip declared a holiday to mark the birthday of King George III. Until 1936 it was held on the actual birthday of the Monarch, but after the death of King George V it was decided to keep the date at mid-year.

On that day the "Queen's Birthday honours list" is released naming new members of the Order of Australia and other Australian honours. This occurs on the date observed in the Eastern States, not the date observed in Western Australia.

The Queen's Birthday weekend and Empire Day, 24 May, were long the traditional times for public fireworks displays in Australia. Although they still occur, the tradition has recently been overshadowed by larger New Year's Eve fireworks, as the sale of fireworks to the public was progressively banned by the states in the 1980s. The sale of fireworks in the Australian Capital Territory was also banned on 24 August 2009.^[28]

Christmas Day

Christmas is observed on 25 December each year to commemorate the birth of Jesus. In Australia, it was introduced with British settlement in 1788 as the cultural norms were transferred to the new colonies. Though a Christian religious festival, it does not breach the constitution's separation of Church and State provision, because it is declared under State law, which is not subject to the provision.

Boxing Day

Boxing Day is on the day after Christmas, i.e. 26 December each year, except in South Australia. In South Australia, the first otherwise working day after Christmas is a public holiday called Proclamation Day.

Boxing Day is noted for the start of the post-Christmas sale season. The day has also become a significant sporting day. Melbourne hosts the Boxing Day Test match and the Sydney to Hobart Yacht Race which also starts on this day.

Other holidays

• Sunday is nominally a public holiday in South Australia.
• Proclamation Day is in December in South Australia only.
• Canberra Day is held on the 2nd Monday in March in the ACT. Prior to 2008, this holiday was celebrated on the 3rd Monday of March.
• Melbourne Cup Day is held on the first Tuesday of November—the day of the Melbourne Cup. It was originally observed only in the Melbourne metropolitan area. From 2007 to 2009 in ACT, Melbourne Cup day was also a holiday called "Family and Community Day". The holiday continues from 2010 but no longer coincides with Melbourne Cup day. In Victoria, the Public Holidays Act 1993 (Vic) was amended from 24 September 2008 and made the Melbourne Cup Day holiday applicable in all parts of the state (unless another day is observed in substitute). It also made the holiday applicable to employees covered by federal awards.
• Recreation Day is the first Monday of November, and celebrated in Northern Tasmania where Regatta Day is not a holiday.
• Regatta Day is the second Monday in February, and is celebrated in Southern Tasmania. Previously it was held on the second Tuesday in February.
• Geelong Cup Day is held on the fourth Wednesday of October in the city of Geelong, Victoria
• Queensland Day is celebrated on 6 June each year, but not with a public holiday.
• Adelaide Cup Day is held on the second Monday in March in South Australia (held in May before 2006)^[29]
• Western Australia Day in Western Australia on the first Monday in June.
• Picnic Day in the Northern Territory in August, and also May Day
• Tasmania has Easter Tuesday as a bank holiday (for bank and government employees only).
• New South Wales has the first Monday in August as a bank holiday (for bank employees only).
• Many cities and towns observe local public holidays for their local Agricultural Show. For example:
  • Darwin Show Day in Darwin area in late July
  • Royal Queensland Show Day in Brisbane area in August^[2]
  • Gold Coast Show in Gold Coast area in October

Public holidays by state

Queensland

The days are set in the "Holidays Act 1983".Holidays Act 1983 (PDF)  Most public holidays include a second public holiday on a week-day if they happen to fall on Saturday or Sunday. In which case, both days are public holidays.

Specifically, for 2015, 2016 and 2017: See Queensland Government—public holiday dates for 2015–2017

New Year's Day: 1 January, and if 1 January is a Saturday or Sunday, the following Monday.

Australia Day: 26 January, and if 26 January is a Saturday or Sunday, the following Monday.

Good Friday: on the date it is publicly observed, always a Friday.

The day after Good Friday: Always a Saturday, one day after Good Friday.

Easter Monday: The next Monday after Good Friday.

ANZAC Day: 25 April, and if 25 April is a Sunday, 26 April.

Labour Day ("May Day"): 1st Monday in May.^[2]

Birthday of the Sovereign: 1st Monday in October.^[2]

Christmas Day: 25 December.

Boxing Day: 26 December.

If Christmas day (25 December) is a Saturday or Sunday, then 27 December is also a public holiday.

If Boxing day (26 December) is a Saturday or Sunday, then 28 December is also a public holiday.

Because of the variable days of Easter, Anzac day could fall on an Easter holiday. When ANZAC falls on Saturday, there is no week day public holiday. In such situations it is generally expected that the minister will proclaim extra public holidays on week-days to ensure every year has the same number of public holidays on week-days.

The minister of the state may proclaim and adjustments or additions, such as the date of the Brisbane Ekka Show day holiday. This day has historically always been proclaimed for the second Wednesday in August, except if there are 5 Wednesday's in August, in which case the third Wednesday in August. See Queensland Government—public holiday dates for 2015–2017

New South Wales

Public holidays generally follow the national pattern, but special cases are resolved by the State Government and advised by proclamation. Details of future holidays can be found on the NSW Industrial Relations website. Public holidays are regulated by the New South Wales Public Holidays Act 2010 No 115, which supersedes the Banks and Bank Holidays Act 1912 No 43.

The first Monday in August is a Bank Holiday, during which banks and financial institutions are closed.^[30]

Victoria

Public holidays in Victoria are regulated by the Victorian Public Holidays Act 1993.

Victorian employees fall under the Workchoices system either as coming within the Commonwealth constitutional power (called "constitutional corporation employees") or because of Victoria's referral of its legislative powers to the Commonwealth for particular workplace relations matters.

Employee entitlements to public holidays and additional pay depend on whether they are covered by a federal award or agreement.

Employees not covered by a federal award or agreement are entitled to public holidays under the Victorian Public Holidays Act 1993. Also, all permanent employees not covered by a federal award or agreement who would normally work on a public holiday (or a substitute public holiday) are entitled to the holiday without loss of pay. Their employers are not required to provide additional payment if they work on a public holiday, but this doesn't exclude the possibility of employees and employers negotiating for additional pay.

Employees who are covered by a federal award or agreement are entitled to public holidays as provided by the relevant federal award or agreement and the Public Holidays Act 1993. Many federal awards and agreements also provide for additional penalty rates for work performed on a public holiday.

Restricted shop trading laws apply to Good Friday, Christmas Day and before 1 pm on Anzac Day. On these days only exempted businesses are permitted to open for trading.^[31] All public holidays and substitute public holidays are bank holidays.^[32]

In August 2015, the day before the AFL Grand Final, as well as Easter Sunday, were gazetted as Public Holidays within Victoria. This date of the holiday is as gazetted by the Victorian Government and cannot be accurately predicted.

The Victorian public holidays are as follows:^[33]

* Melbourne Cup Day is observed in most of the state, but various cup days and show days in the state's west are locally substituted. See the list at .

Melbourne Show Day used to be observed on the Thursday in the last full week of September as a half-day public holiday—later changing to full day—until 1994 (abolished by the state government).^[34] Easter Tuesday was observed as a Bank Holiday in Victoria until 1994 (also abolished by the state government).

References

Public holidays in Australia
New Year's Day Australia Day Good Friday Easter Saturday Easter Monday Anzac Day Queen's Birthday Labour Day Christmas Day Boxing Day