Payment, penalty rates & set‑off clauses
Paid day off: who is paid?
| Employee type | Entitled to a paid public holiday? |
|---|---|
| Full‑time | Yes — base rate for ordinary hours if you would have worked that day |
| Part‑time | Yes — if normally rostered/ordinary hours that day |
| Casual | Not automatically — payment/penalties only if you work (check award/EA) |
| Contractor | No — not an employee under the NES |
If you work the day
- Check your award/EA/contract for public holiday penalty rates, overtime, or TOIL rules.
- Some contracts use a set‑off clause (or loaded salary) to absorb penalties/overtime up to a limit — the terms must be clear and the pay sufficient to cover entitlements.