Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 115

The public holidays

  (1)   The following are public holidays :

  (a)   each of these days:

  (i)   1   January (New Year's Day);

  (ii)   26   January (Australia Day);

  (iii)   Good Friday;

  (iv)   Easter Monday;

  (v)   25   April (Anzac Day);

  (vi)   the Queen's birthday holiday (on the day on which it is celebrated in a State or Territory or a region of a State or Territory);

  (vii)   25   December (Christmas Day);

  (viii)   26   December (Boxing Day);

  (b)   any other day, or part - day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or part - day, or a kind of day or part - day, that is excluded by the regulations from counting as a public holiday.

Substituted public holidays under State or Territory laws

  (2)   If, under (or in accordance with a procedure under) a law of a State or Territory, a day or part - day is substituted for a day or part - day that would otherwise be a public holiday because of subsection   (1), then the substituted day or part - day is the public holiday .

Substituted public holidays under modern awards and enterprise agreements

  (3)   A modern award or enterprise agreement may include terms providing for an employer and employee to agree on the substitution of a day or part - day for a day or part - day that would otherwise be a public holiday because of subsection   (1) or (2).

Substituted public holidays for award/agreement free employees

  (4)   An employer and an award/agreement free employee may agree on the substitution of a day or part - day for a day or part - day that would otherwise be a public holiday because of subsection   (1) or (2).

Note:   This Act does not exclude State and Territory laws that deal with the declaration, prescription or substitution of public holidays, but it does exclude State and Territory laws that relate to the rights and obligations of an employee or employer in relation to public holidays (see paragraph   27(2)(j)).