More workers and businesses swap for Australia Day public holiday

For many workers Australia Day means a welcomed day off, but an increasing number of staff and businesses are now choosing to work rather than take a public holiday. See why.

More bosses are permitting their employees to work on Australia Day in exchange for an extra day of leave.

Amid ongoing debate over whether celebrations should be moved to a different date, workplace lawyers say an increasing number of enterprise bargaining agreements allow workers to receive leave in lieu of taking the national holiday off.

But whether workers take up the option remains to be seen.

A recent survey by benefits and rewards platform Perkbox indicates more than three in five Aussies would prefer to work on January 26. But contradictory research from HR and payroll provider UKG reveals a six per cent year-on-year increase in people choosing to observe the public holiday.

Rising living costs and mounting Christmas credit bills may be a motivator for some people ditching Australia Day in favour of heading into work, especially where their award stipulates they are entitled to extra pay, says UKG Australia and New Zealand managing director Aaron Thorne.

“Cost-of-living pressures in Australia are through the roof right now, so giving people the option to work a public holiday to get a bit more capital makes sense,” Thorne says.

Respecting worker beliefs

While some workers will choose not to observe Australia Day because they believe it to be offensive to First Nations people, Thorne says there are other reasons for going into the office on the public holiday.

Given many Aussies have only recently returned to work after enjoying a lengthy Christmas break, they may not feel the need for an extra day off so early in the year and would prefer to take it later instead, he says.

Our growing multicultural society is also a factor, Thorne says. He notes many migrant workers may prefer a different day off to observe their own cultural traditions and celebrations – evidenced by UKG’s research finding a 10 per cent increase in workers in Australia opting to work on Christmas Day.

“We are a lot more multicultural in Australia and will continue to be that way,” Thorne says. “We have to be respectful of these people that might want to celebrate other cultural beliefs instead.

“Every organisation has to be open (to allowing workers to work public holidays in exchange of an extra leave day), otherwise you are not going to attract and retain top talent.”

Future Super project manager and quality assurance leader Adrien Rawsthorne will be working on Australia Day.

Inappropriate

Future Super project manager and quality assurance leader Adrien Rawsthorne won’t be celebrating Australia Day on Friday, instead taking advantage of his employer’s policy that allows him to swap the public holiday for an annual leave day later in the year.

Having last year moved to Melbourne from Sydney, he also exercised his right to work on the AFL Grand Final and Melbourne Cup state-based public holidays in September and November, respectively.

“I personally don’t think that some (public holidays) are an appropriate day (occasion) for there to be a celebration,” Rawsthorne says. “Invasion Day, or Australia Day, is a particularly good example.”

He says “there’s never, ever judgement” from his employer when requests to work a public holiday are made, noting that staff were swapping public holidays for an extra leave day even before a formal policy was implemented.

While working the public holiday, when few other colleagues or customers are doing the same, does require some forward planning to ensure the day remains productive, Rawsthorne says less interruptions often allow him to achieve a great deal.

“And that’s a really big positive. Something I do suffer with is meetings all the time but when I’m working on (a public holiday) … I do some really good work and I’m able to be really organised.”

Industrial and employment lawyer Brad Annson says employees and employers can legally agree that an employee will work on a public holiday and take a substitute day off.

Collective approach

As opposition to Australia Day grows, industrial and employment lawyer Brad Annson says it’s becoming increasingly common for enterprise bargaining agreements to include provisions for workers to swap the public holiday for an extra leave day.

“But if it’s not in your enterprise agreement, the Fair Work Act provides that employees and employers can still agree that an employee will work on a public holiday and take a substitute day off,” says Annson, a partner at Gordon Legal.

Where no EBA provisions exist, Annson believes requests to work a public holiday in exchange for an extra leave day are more likely to be granted if they are made collectively, on behalf of several workers, rather than on an individual basis.

In any case, he recommends any agreements reached should be documented in writing.

Perkbox Australia country lead Ross McDonald says some companies may have legitimate reasons for being unable to grant requests to swap a public holiday for an alternative leave day and says open, honest conversations between workers and their employers are vital.

“There’s no one-size-fits-all here,” McDonald says. “It does really depend on the work done in that particular workplace.”

Tips on swapping the Australia Day holiday for an extra leave day

• Start with an open dialogue with your manager about how the business handles holiday swaps and how you can work together to meet each other’s needs

• Give advanced notice of your plans to work on Australia Day (or any other public holiday) to allow the company to manage shifts with any other employees who may be looking to swap the holiday as well

• Check in with your team to ensure your swap day is covered and does not conflict with any team priorities or projects.

Source: Aaron Thorne, UKG

Originally published as More workers and businesses swap for Australia Day public holiday