General information only — not legal advice. First speak with your employer, then if unsuccessful contact Fair Work or an employment lawyer.
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Worked Australia Day in Hospitality — Is It Double Time?

Last updated: March 2026 · MA000009

Better than double time — it's 2.25×. Australia Day is a national public holiday, and the Hospitality Award specifies a public holiday rate of 2.25 times the ordinary rate — not 2×. If you were paid double time and thought that was correct, you may have been underpaid on every public holiday shift you've worked.

If you worked Australia Day in hospitality — this applies to you.

The rule

Under the Hospitality Award (MA000009), all national public holidays — including Australia Day (26 January) — must be paid at 2.25× the ordinary rate for both permanent and casual adult employees.

2× (double time) is not correct. Even if double time sounds right, the Hospitality Award specifies 2.25× — meaning double time falls short by 0.25× of your ordinary rate per hour.

On an 8-hour shift at Level 2 permanent ($25.28/hr):

  • 2× = $404.48
  • 2.25× = $455.04
  • Shortfall: $50.56 for that single shift

Australia Day and weekend interaction

Australia Day sometimes falls on a weekend. When it does:

  • The public holiday rate (2.25×) applies — not the Saturday or Sunday rate
  • A substitute public holiday may be observed — the substitute day also attracts the public holiday rate

If Australia Day fell on a weekend and you were paid the Saturday or Sunday rate rather than the public holiday rate, you were underpaid.

If your Australia Day pay was at 2× or less, Check your public holiday pay →

What this costs you

The difference between double time (2×) and the correct rate (2.25×) is 0.25× your ordinary rate per hour. At Level 2 permanent, that's approximately $6/hr on every public holiday hour worked. An 8-hour Australia Day shift: ~$50 underpaid in a single day — every year, on every public holiday where the wrong multiplier is applied.

What to check on your payslip

  • Does a public holiday line appear for your Australia Day shift?
  • Is the rate 2.25× your ordinary rate — not 1.5× or 2×?
  • If Australia Day fell on a weekend, was the public holiday rate applied (not just the weekend rate)?

Frequently asked questions

My employer paid me double time and said that was right — is it?

For the Hospitality Award, no. 2.25× is the required multiplier. Double time (2×) falls short by 0.25 of your ordinary rate per hour.

I didn't know the rate should be 2.25× — can I claim the difference for previous years?

Yes. You can recover underpayments going back 6 years under the Fair Work Act.

Australia Day was a substitute day for me — does the same rate apply?

Yes. The substitute public holiday attracts the same 2.25× rate as the original public holiday.

Don't guess — calculate what Australia Day should have paid.

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General information only. Verify at fairwork.gov.au.