Archived April 2020 post, written during the COVID-19 stand-down period. Always check Fair Work Australia for current entitlements. As Fair Work made clear at the time, employees who are stood down remain employed during the period of the stand down.
This meant that employees stood down under the Fair Work Act were entitled to payment for public holidays occurring during the stand down – but only if the public holiday fell on a day they would normally have worked.
Example
Shane works part-time at a gym on Mondays, Wednesdays and Fridays (7.5 hours per shift). His employer stood him down without pay for two months due to a government direction closing non-essential services, and no stand-down clause existed in his agreement or contract. A public holiday fell on a Monday during the closure. Shane was entitled to payment for that public holiday, because he would normally have worked that day.
More information
For public holiday entitlements during workplace disruptions, Fair Work Australia’s dedicated resources are the definitive source – and we’re happy to help you work through how the rules apply to your team.