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Public holiday substitution allows employees to work on Australia Day (26 January) and take another agreed upon day off instead. It's legal under the National Employment Standards (NES) and Fair Work Act 2009, but only if both employer and employee mutually agree and if the relevant award or enterprise agreement (if applicable) permits it.
Michael Byrnes appeared on Ben Fordham Live on 2GB on 12 December 2025 to discuss substitution of the Australia Day public holiday by employees (from 27:30 to 30:00)
To listen to the interview click here
For further information please contact:
Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: mjb@swaab.com.au
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
