In the state industrial relations system, many WA awards and industrial agreements require employees (including casual employees) to be paid a higher rate of pay (a public holiday penalty rate) for working on a public holiday.
It is unlawful for an employer to not provide an employee who is entitled to a public holiday penalty rate with the correct rate of pay.
WA awards and agreements may also contain other provisions for public holidays, such as a minimum number of hours an employee must work / be paid for when working on a public holiday, or substitution of a weekend public holiday to the following Monday, or arrangements for what happens if a public holiday falls on a full time employee’s non working day or rostered day off.
For award free employees there is not a minimum entitlement under the Minimum Conditions of Employment Act to a higher rate of pay for working on a public holiday. Award free employees must be paid their normal rate of pay for work performed on a public holiday, unless a higher rate is agreed in a contract of employment or otherwise between the employer and employee.
Finding public holiday pay rates
Step 1
If you do not know whether the employee is covered by a WA award follow the steps on Finding the right pay rate to work out if an award applies, then follow Step 2 below.
Step 2
If you know which WA award covers the employee, find public holiday pay rates under that award by
- Visiting WA award summaries if the relevant WA award has a Wageline WA award summary;
- Visiting the Western Australian Industrial Relations Commission website to check the public holiday provisions in the relevant award; or
- Contacting Wageline for information on 1300 655 266.
