Worked a Public Holiday at a Restaurant — What Am I Owed?
Last updated: March 2026 · MA000119
Permanent employees working public holidays under the Restaurant Industry Award are entitled to 2.25× the ordinary rate — not double time. There are also minimum engagement requirements that many employers overlook.
If you worked a public holiday and got paid "double time" — you were likely underpaid.
The rule
Under the Restaurant Industry Award (MA000119):
- Permanent employees: 2.25× ordinary hourly rate for all hours worked
- Casual employees: applicable casual public holiday rate
- Minimum engagement permanent/part-time: 4 hours
- Minimum engagement casual: 2 hours
What you should be paid
Casual Level 3 — 8-hour public holiday shift
- Ordinary casual L3 rate: $33.38/hr
- Public holiday casual L3 rate: $66.76/hr
- 8-hour shift at ordinary rate: $267.04
- 8-hour shift at PH rate: $534.08
- Gap per PH shift: $267.04 underpaid
Over ~8 public holidays per year: $2,136.32 in missed penalty rates. Exact figures depend on your classification level.
Rates based on the Fair Work Commission pay guide for MA000119, effective 1 July 2025.
What this costs you
Restaurant workers frequently work public holidays — Christmas, Easter, Australia Day. If your employer pays "double time" instead of 2.25×, the 0.25× shortfall on an 8-hour shift at Level 3 is significant. Across 8 public holidays per year, that's hundreds of dollars — and that's just the gap between 2× and 2.25×. Workers paid at ordinary rates on public holidays are owed far more.
What to check on your payslip
- Is there a separate public holiday rate line on PH days?
- Does the rate show 2.25× (not 2×) for permanent employees?
- Were you paid for at least 4 hours (permanent/PT) or 2 hours (casual)?
Frequently asked questions
I worked a 3-hour shift on a public holiday — can I be paid for just 3 hours?
No. Permanent and part-time employees have a minimum engagement of 4 hours on public holidays. Even if you only worked 3 hours, you must be paid for 4 hours at the public holiday rate. Casual minimum engagement is 2 hours.
My employer paid me "double time" for a public holiday — is that enough?
For permanent employees, the Restaurant Award public holiday rate is 2.25× the ordinary rate, not 2×. If you were paid double time instead of 2.25×, you've been underpaid by 0.25× on every public holiday hour worked.
Can I refuse to work on a public holiday?
Yes, if the request to work is unreasonable. You can refuse an unreasonable request. Factors include the nature of the workplace, your personal circumstances, and whether you were given adequate notice.
Worked a public holiday? Check you were paid the correct rate.
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General information only. Verify at fairwork.gov.au.