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If an employee is absent from work on a day or part day that is a public holiday, the employer must pay the employee (excluding a casual) the base rate of pay for the employee’s ordinary hours of work that they would have done (*ordinary working day). The base rate of pay excludes incentive-based payments, bonuses, loadings, monetary allowances, overtime or penalty rates, or any other separately identifiable amounts.

A part time employee is not entitled to payment if the public holiday occurs on a day which the employee is not normally rostered to work. For example, if Dr Smith is regularly rostered Wednesday to Friday each week, they will not be entitled to payment for public holidays that occur on a Monday.

WA Health System Medical Practitioners AMA Industrial Agreement (WA Health Agreement)

Pursuant to Clause 32 (5) of the WA Health System – Medical Practitioners – AMA Industrial Agreement 2024, all ordinary hours worked between midnight at the commencement of a public holiday and 8am on the day after the public holiday must be paid:

• With an additional penalty of 150 per cent (calculated on the applicable arrangement B salary for Senior Practitioners); or
• With an additional penalty of 50 per cent, plus a credit of one day in lieu as “PH TOIL” (by mutual agreement only).

If you are not rostered to work on a public holiday, however, are ordinarily rostered to work on that day, you are entitled to be paid as if the day was an ordinary working day*, or if your Employer agrees, be allowed to take a day holiday in lieu at a time mutually acceptable, as per clause 35 (4).

AMA (WA) have recently sought an updated timeline for the ongoing audit being conducted by HSS to assess eligibility of practitioners to receive back payment for 2022 & 2023 Easter Sunday for those employed during that period who should have received payment for observing the holiday. We will provide an update when we have more information.

St John of God Health Care AMA WA Medical Practitioners Enterprise Agreement (SJOG EBA)

Pursuant to Clause 18(2) and Clause (26)(2) of the St John of God   Health Care – AMA WA   – Medical Practitioners Enterprise Agreement 2023, where a Caregiver is rostered to work ordinary hours on a public holiday, they shall be paid a loading of:

Senior Practitioners:

• 100% for the actual time worked on the holiday; or
• If the Employer and Caregiver agree, in lieu of being paid the loading be allowed an equivalent period of time off to be taken at a time convenient to the Employer.

Junior Medical Officers:

• 150% for the actual time worked on the holiday; or
• If the Employer and Caregiver agree, 50% for the actual time worked on the holiday together with an equivalent period of time off in lieu to be taken at a time convenient to the Employer.

The loading shall apply from midnight at the commencement of the public holiday through to 8.00 am the following day, provided the shift commenced prior to midnight on the prescribed public holiday.

If you are not rostered to work on a public holiday, however, are ordinarily rostered to work on that day, you are entitled to be paid as if the day was an ordinary working day. Part time Caregivers who work rotating shifts are entitled to be paid a pro rata amount.

Private Practice Employers:

For private practice employers who are remaining open on any of the April 2025 holiday dates a reminder of the applicable penalty rates for the relevant awards:

Federal/National System Employer

Health Professionals and Support Services Award 2020

Hours worked on a Public Holiday are paid at 250% of the ordinary minimum hourly rate.

Nurses Award 2020

Hours worked on a Public Holiday are paid at 200% of the ordinary minimum hourly rate.

State System Employer

Clerks (Commercial, Social and Professional Services) Award

Hours worked on a Public Holiday are paid at 250% of the ordinary minimum hourly rate.

Nurses (Doctors Surgeries) Award

Hours worked on a Public Holiday are paid at 150% of the ordinary minimum hourly rate for ordinary hours, and at 250% for hours in excess of ordinary hours