This year, Australia Day will fall on a Sunday.  Each state and territory has its own rules regarding how public holidays (and substitute public holidays) work.
 
This EMA Note briefly summarises how the Australia Day public holiday is treated in each state and territory.

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The National Employment Standards

Under the Fair Work Act 2009 (Cth), public holidays include days and part-days prescribed by State or Territory legislation.   If a State or Territory declares that a day or part-day is substituted for a day or part-day that would otherwise be a public holiday, then the substituted day or part-day is the public holiday instead of the original day. Enterprise agreements may also include terms for substituting public holidays.¹

State and Territory Public Holidays

States and Territories may choose to leave the public holiday on the original day, substitute it for an alternative day, or create an additional public holiday.  Whether the day is substituted or there is an additional public holiday will affect an employee’s entitlement to payment.

The treatment of Australia Day this year in each state and territory is summarised below.

Jurisdiction	Day
	Sunday, 26 January 2025	Monday, 27 January 2025	Source
ACT	Not a public holiday	Public holiday	Holidays Act 1958 (ACT) s 3(1)(ii)
NSW	Not a public holiday	Public holiday	Public Holidays Act 2010 (NSW) s 4(b)
NT	Not a public holiday	Public holiday	Public Holidays Act 1981 (NT) sch 2
QLD	Not a public holiday	Public holiday	Holidays Act 1983 (Qld) sch 1
SA	Not a public holiday	Public holiday	Public Holidays Act 2023 (SA) s 3(2)
TAS	Not a public holiday	Public holiday	Statutory Holidays Act 2000 (Tas) s 4(b)
Vic	Not a public holiday	Public holiday	Public Holidays Act 1993 (Vic) s 6(c)
WA	Not a public holiday	Public holiday	Public and Bank Holidays Act 1972 (WA) sch 2

If you would like specific advice regarding a public holiday in your state or territory, please contact our office and one of our consultants will be able to assist you.

What this means for Employers

Employers should:

• consider whether it is reasonable (in the circumstances and at the time) to request an employee to work on the public holiday 27 January.
• understand that the gazetted public holiday this year is 27 January not 26 January;
• ensure that they are complying with their relevant modern award or enterprise agreement when paying employees for work performed on either the Sunday or the Monday;
• before paying 26 January as a normal Sunday, check that their enterprise agreement permits this; and
• consider whether it is reasonable (in the circumstances and at the time) to request an employee to work on the public holiday 27 January.

Require further information/assistance?

This EMA Note is not comprehensive advice about your situation and does not cover all your obligations. If you require further information or advice, please contact your Consultant.

1. Fair Work Act 2009 (Cth) s 115. ↩︎