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Working on Australia Day Public Holiday

Jan 11, 2023


  • 2min

Working on Australia Day Public Holiday

Industry News
The University of Wollongong (UOW) has allowed employees to work on Australia Day. The UOW is the first tertiary institution to offer this flexible policy, with other major companies such as Telstra, Network Ten, and Woodside Energy already introduced similar policies. If they choose to work on 26 January, they can choose a substitute date to take off instead. 

The UOW has acknowledged that 26 January is not a day of celebration for all Australians; many Aboriginal and Torres Strait Islanders identify 26 January as a day of invasion, survival and murder. With respect to First Nations people, this year, the UOW has offered all fixed-term and permanent employees the flexibility to work on 26 January and instead choose a substitute day (either Friday, 27 January or Monday, 30 January).

Under the NES, employees and employers can agree to alter their work agreements to work on public holidays.
The growing popularity of introducing this flexible policy has received backlash from people who believe it’s all a power play. Associate Professor of employment law at the University of Technology Sydney, Guiseppe Carabetta, told SBS News that the flexible policy would continue to rise in popularity.  

“Some are doing this given the current ’employee market’ for jobs in certain sectors,” he told SBS News. Mr Carabetta believes that for many smaller employers, they are thinking, ‘Well, I cannot up your wages, so I will offer you other benefits’.

Determining if your employer or industry can make these changes to their public holiday policies depends on the award you fall under or if you have an enterprise agreement or similar. 

If you do not fall under an Award or have no alternate agreement in place, the National Employment Standards (NES) provides employees can choose to substitute a PH if their employer agrees, and vice versa.

Please get in touch with us if you have any questions or need help understanding your options when it comes to Public Holidays. Call us on 1800 868 254 or email info@totalhrm.com.au, and our HR experts will get back to you.

MORE READING:

You can learn more about your public holiday entitlements on the Fair Work website. 

You can read more from the UOW on their website.

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