Part-Day Public Holidays: Christmas Eve and New Year's Eve Confusion

"From 7pm on Christmas Eve, it's a public holiday."

But what does that actually mean? If you normally finish work at 5pm, does it affect you? What about a deadline at "close of business on December 24"? Does that mean 5pm or 7pm?

Part-day public holidays exist in some Australian states, and they create genuine confusion for working day calculations and deadline interpretation. Most of Australia doesn't have them, so employees and employers often don't realise they exist in their state.

Which States Have Part-Day Holidays?

South Australia has the most extensive part-day public holiday system:

• Christmas Eve – From 7pm on December 24
• New Year's Eve – From 7pm on December 31

Queensland introduced a part-day public holiday in 2019:

• Christmas Eve – From 6pm on December 24 (note: 6pm, not 7pm)

Northern Territory has both:

• Christmas Eve – From 7pm on December 24
• New Year's Eve – From 7pm on December 31

Other states (NSW, Victoria, ACT, Tasmania, Western Australia) have no part-day public holidays. December 24 and 31 are normal working days.

What "From 7pm" Actually Means

For employment purposes, the distinction is clear but easily misunderstood.

If Christmas Eve is a part-day public holiday from 7pm:

• Hours worked before 7pm – Paid at normal rates (or Saturday/Sunday penalty rates if December 24 falls on a weekend)
• Hours worked from 7pm onwards – Paid at public holiday penalty rates or other entitlements as per the relevant award or enterprise agreement

So if you work 9am to 5pm on Christmas Eve in South Australia, none of your shift falls within the part-day public holiday. You're paid at regular rates (unless it's a weekend). The part-day status doesn't affect you.

If you work 5pm to 10pm, only the 7pm-to-10pm portion triggers public holiday rates. The 5pm-to-7pm portion is paid at normal rates.

The Deadline Calculation Question

This is where part-day public holidays create real confusion.

Imagine a contract says: "Performance required by close of business on December 24."

What does "close of business" mean?

In most contexts, "close of business" means the end of the business day, typically 5pm or the time when the workplace normally closes.

The part-day public holiday rule doesn't change this. If you normally close at 5pm, "close of business" is 5pm, which is before the 7pm threshold. The part-day status doesn't extend or change the deadline.

But here's the catch: if someone argues that "close of business" should be interpreted as "the end of the public holiday," you could be in dispute. The safe approach is to specify the exact time in contracts: "by 5pm AEDT" instead of "by close of business."

A real-world example: a payroll cut-off says "timesheets due by close of business on 24 December." Your payroll team treats that as 5pm. A manager reads it as 7pm because "it's a public holiday from 7pm." Two hours might not sound like much, but when approvals and system locks kick in, it becomes a missed deadline. Spell out the time.

For Working Day Calculations

When calculating working days (e.g., "10 working days from now"), does December 24 count as a working day?

The answer: Generally, yes. December 24 is treated as a working day for deadline calculation purposes, even though it has a part-day public holiday from 7pm.

The part-day status affects pay rates for employees working those hours, but it doesn't affect the day count.

However, this can vary depending on:

• Your specific industry award or enterprise agreement
• The exact contract language
• How your payroll or legal system interprets it

The safe approach: if you're calculating a deadline that includes December 24 or 31, and you're in a part-day holiday jurisdiction, confirm with the relevant parties how you're counting that day. Don't assume.

Award and Enterprise Agreement Variations

Some awards have specific provisions for Christmas Eve and New Year's Eve that override the part-day public holiday rule:

Hospitality and retail awards often include enhanced rates for work on December 24/31, regardless of whether it's technically a part-day public holiday. Some provide additional days off or penalty rate multipliers.

Christmas trading in retail is heavily regulated. Some awards restrict trading hours on December 24 or provide mandatory closures regardless of part-day status.

Enterprise agreements may have their own Christmas Eve/NYE provisions that differ from state legislation.

Always check the specific award or enterprise agreement applying to the role. State law is the minimum, but awards and agreements often provide more generous conditions.

The Working Day Calculator Approach

When using the calculator for Australia:

We treat Christmas Eve and New Year's Eve as full working days (unless they fall on a weekend).

The part-day public holiday provisions affect pay rates and employment conditions, not the day count for deadline calculations. If your industry or agreement treats them differently, you should adjust accordingly.

This matches the standard interpretation across most Australian contracts and legislation: part-day status affects how hours are paid, not whether the day counts as "working."

FAQ

Q: Is Christmas Eve a public holiday in New South Wales? A: No. NSW has no part-day public holidays. December 24 is a normal working day in NSW.

Q: Do I get paid public holiday rates for all of Christmas Eve in South Australia? A: No. In South Australia, only hours worked from 7pm onwards attract public holiday rates. If you work 9am to 5pm, you're paid at normal rates (not public holiday rates). The part-day status only applies to the 7pm-onwards portion.

Q: If my deadline is December 24, does the part-day rule extend it? A: Generally no. The part-day rule affects pay rates, not calendar dates. If your deadline is "close of business December 24," it typically means 5pm or whenever the business normally closes—which is before the 7pm threshold. The deadline doesn't shift.

Q: What if my employee refuses to work after 7pm on Christmas Eve in SA? A: The NES allows employers to request work on a public holiday, and employees can refuse on reasonable grounds. Whether the request is reasonable and what entitlements apply depends on the award or enterprise agreement. Treat the 7pm onwards period as public-holiday hours for pay and rostering decisions.

Q: Are part-day public holidays mentioned in Fair Work? A: Fair Work references state public holidays, including part-day holidays. However, their guidance is limited because part-day holidays are state-specific and often misunderstood even within Fair Work resources. Always check the specific state legislation.

Q: Does Christmas Eve being part-day affect annual leave entitlements? A: Rarely. Annual leave entitlements are usually calculated on full days. A part-day public holiday doesn't reduce annual leave accrual. However, some awards may have specific provisions—check the relevant award or agreement.

Sources

• South Australia – Holidays Act 1910
• Queensland – Holidays Act 1983 (amended 2019 for Christmas Eve)
• Northern Territory – Public Holidays Act 2014
• Fair Work Ombudsman – Part-Day Public Holidays
• Australian Government – Public Holidays