In the state industrial relations system, when a full time or part time employee is absent from work on a public holiday, they are entitled to be paid:
- as if they were required to work their ordinary hours on the public holiday; and
- at the rate they would have received as payment for those hours under a WA award, industrial agreement or contract of employment, whichever provides for the higher rate.
The entitlement to be paid for an absence from work on a public holiday does not apply to:
- casual employees;
- employees who would not ordinarily work on that public holiday;
- employees on unpaid leave on that public holiday.
The entitlement to be paid for an absence on a public holiday applies to all full time and part time employees, including apprentices and trainees, employees paid by commission or piece rates, and employees employed by household employers in a private home.
For example, Jian is a part time employee who works 9am to 2pm each Monday. On a Monday public holiday, if Jian is not working because the day is a public holiday, he must be paid his ordinary rate of pay for the 5 hours he would normally have worked.
