The Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) was amended on 1 September 2023 to include the ability to substitute public holidays.
This variation to the SCHADS Award will apply from the first full pay period starting on or after 11 September 2023.
Clause 34 Public Holidays now includes the following paragraph:
34.3 Substitution of public holidays by agreement
- An employee may request to substitute another day for a day that would otherwise be a public holiday under the NES. The requested day will be substituted if the employer agrees to the employee’s request.
- An employee may request to substitute apart another part day for a day that would otherwise be a part day public holiday under the NES. The requested part day will be substituted if the employer agrees to the employee’s request.
To view the Fair Work Commission decision please visit:
FWO – Award Viewer – PR765711 (fairwork.gov.au) (accessed 12 Sept 2023)
What has changed about public holidays?
Under the SCHADS Award, an employee can now make a request to substitute a public holiday (or a part day public holiday) for a different day (or part day).
If the employer agrees to the request, then the substitute day will be treated as the public holiday. This means that any work performed by an employee on the replacement day will be paid at their normal pay rate.
The SCHADS Award provides that an employee required to work on a public holiday will be paid double time and a half of their ordinary rate of pay for all time worked.
As a result, the employee receives a paid day (or part day) off on the substitute day. If the employee works on the substitute public holiday, they are entitled to be paid penalty rates for the time worked.
Jobs Australia will continue to monitor this important area of workplace relations and will update Members on any further developments.
If you have any questions regarding this information, please contact our Workplace Relations team on 1800 331 915.