It's definitely frustrating when public holidays come around, especially when you're unsure about your pay as a casual employee. It's understandable to want to know exactly where you stand and what your entitlements are. Let's get to the bottom of this so you can be clear on your rights.

I understand you're asking about public holiday pay as a casual employee when you don't work on the public holiday.

The short answer is no - casual employees are not entitled to payment for public holidays when they don't work.

Public holidays provide a paid day off on a public holiday (unpaid for casuals), except where reasonably requested to work. This clearly establishes that public holidays are unpaid for casual employees.

The National Employment Standards table further confirms this distinction. Casual employees get an unpaid day off for public holidays. If asked to work the employee can refuse, if reasonable to do so. This is in contrast to full-time and part-time employees who get a paid day off if they would normally work. If asked to work the employee can refuse, if reasonable to do so.

The key principle is that full-time and part-time employees are entitled to be paid their base pay rate for their ordinary hours if they are absent from work because of a public holiday. However, this entitlement specifically excludes casual employees.

Your situation as a casual employee:

You only get paid for the hours you actually work. Since casual employment doesn't guarantee regular hours or ongoing work, you don't have an entitlement to be paid when you're not working - including on public holidays.

However, if you do work on a public holiday, you would be entitled to penalty rates. Employees get paid a higher pay rate when they work evenings, weekends or public holidays.

Legal position: As a casual employee, you have no entitlement to payment for public holidays when you don't work. This is a fundamental difference between casual employment and permanent employment under Australian workplace law. Your pay is based entirely on hours actually worked, not on guaranteed time off like permanent employees receive.

Practical next steps:

• Understand Penalty Rates: If you do work on a public holiday, make sure you're being paid the correct penalty rate, as it's usually significantly higher than your base rate. Check your contract or applicable award/agreement for details.
• Plan Finances: Since public holidays can mean a hit to your income, try to plan ahead. Save a little extra in the weeks leading up to the holiday or look for alternative work options if available.
• Consider Permanent Roles: If job security and paid public holidays are important to you, start exploring opportunities for permanent full-time or part-time roles.

You can also use the Fair Work Ombudsman Pay and Conditions Tool to calculate any applicable penalties.

Casual work can be unpredictable, but being informed and proactive can help you manage your financial situation and career goals effectively.