This year, I have heard from a few clubs who appear to be confused as to what entitlements someone receives if they work or do not work on a public holiday. 

The below will hopefully make this clear for someone who is under the Registered and Licensed Clubs Award 2020 (Clubs Award) which applies to a majority of employees at clubs. For those under other Awards or EBA’s, clubs need to closely look at the relevant public holiday clauses contained within: 

Where an employee works on a public holiday 

Casuals 

• Entitlement to a penalty rate of 250% of their base rate of pay (meaning the minimum rate for an employee’s classification that has no loadings attached). 

• 2 hours minimum payment applies for most employees (3 hours for bingo callers) unless overtime is worked in which case a 4 hour minimum applies. 

Part-time & Full-time 

• Entitlement to a penalty rate of 250% of their base rate of pay with a minimum of 4 hours pay; 

OR 

• By written agreement only, 150% of the base rate of pay instead of 250% with a minimum of 4 hours pay provided that:  

• equivalent paid time is added to the employee’s annual leave; or  

• an alternative day off instead of the public holiday may be taken within 28 days. 

Where an employee is not required to work on a public holiday, but they would ordinarily work that day 

Casuals 

• Not entitled to any payment for the day. 

Part-time & Full-time 

• Entitled to be paid their base pay rate for the ordinary hours they would have worked if they had not been absent because of the public holiday. 

Public holiday falls on the day of an employee’s rostered day off/day they would not ordinarily work 

Casuals & Part-time 

• Not entitled to any payment for the day. 

Full-time 

• Under clause 31.4 of the Clubs Award, a full-time employee is entitled to either*:  

• Be paid an extra day’s pay;  

• Be provided with an alternative paid day off within 28 days; or  

• receive an additional day’s annual leave. 

* the above will not apply to the Easter Saturday public holiday if the employee has their ordinary hours rostered only on Monday to Friday. 

Employees Paid a Salary or Similar 

Lastly, clubs need to be aware that whilst employees under the Clubs Award would be entitled to a penalty rate for working on a public holiday, some may have an agreement for this and other entitlements to be covered with a salary or other agreement. Where this is done it is important to ensure that this entitlement and any others are being properly offset/covered.  

Also, those under a Club Manager classification who are paid 50% or more in excess of the relevant annual award rate will also have the public holiday entitlements automatically not apply e.g. penalty rates, entitlements under clause 31.4 etc. 

Clubs SA members with employees need to ensure they are familiar with these entitlements and when unsure they can contact Clubs SA for further advice.