s116: s 116 Pay the base rate for ordinary hours on public holidays not worked
When an employee is absent on a public holiday (as defined in s 115, including State and Territory declared and substituted days), the employer pays the base rate for the employee's ordinary hours on that day; employees who would not ordinarily have worked that day (for example unrostered casuals or part-timers who do not work that weekday) are not paid.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s116. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Payroll records of public holiday payments for employees ordinarily rostered; Public holiday list configured in payroll per State and region; Test cases for part-time and rostered employees
What usually goes missing
Part-time employees not paid for public holidays on their normal work days; Substituted days not applied; Rostered-off full-time employees on continuous shift not paid
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.