Section 116 — Fair Work Act 2009 (Cth)

If, in accordance with this Division, an employee is absent from his or her employment on a day or part‑day that is a public holiday, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work on the day or part‑day.

Note: If the employee does not have ordinary hours of work on the public holiday, the employee is not entitled to payment under this section. For example, the employee is not entitled to payment if the employee is a casual employee who is not rostered on for the public holiday, or is a part‑time employee whose part‑time hours do not include the day of the week on which the public holiday occurs.

Related sections

• s 113A — Enterprise agreements may contain terms discounting service under prior agreements etc. in certain circumstances
• s 114 — Entitlement to be absent from employment on public holiday
• s 115 — Meaning of public holiday
• s 116A — Division does not apply to certain employees or employers in referring States
• s 116B — Employer’s obligation to make superannuation contributions
• s 116C — Reduction of employer’s liability to the extent of superannuation charge payments

Research how courts apply s 116

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