It sounds like you're wanting to make sure you're being paid correctly for the hours you're working, which is completely understandable. It's vital to get your weekend and public holiday pay right, and I'm here to help you understand what you should be receiving. Let me look up the most relevant information for your situation.

Looking at your situation, the penalty rates you should receive for weekend and public holiday work depend on which award or agreement covers your employment. Let me break down what you're entitled to:

Weekend Penalty Rates

Penalty rates are higher pay rates that employees need to be paid for working particular hours or days, and employees may be entitled to a penalty rate when working weekends.

The specific rates vary significantly by industry. For example:

• Cleaning industry: Under the Cleaning Award, a casual Level 1 employee receives $43.70 per hour on Saturdays and $56.18 per hour on Sundays (compared to $31.21 on weekdays)

• Fast food industry: Employees get paid a higher pay rate when they work evenings, weekends or public holidays, with specific Saturday and Sunday rates outlined in the award

• Retail industry: The Retail Award outlines that employees should receive penalty rates for weekend work

Public Holiday Penalty Rates

Employees get paid at least their base pay rate for all hours worked on public holidays. However, awards, enterprise agreements and other registered agreements can provide entitlements for working public holidays, including extra pay (for example public holiday rates).

Many awards provide significantly higher rates for public holiday work, often double time or more.

How to Find Your Specific Rates

The penalty rates that you or your employees are entitled to will depend on the award that applies. Use our Pay and Conditions Tool to calculate penalty rates in your industry.

You can also check out our downloadable pay guides for common penalties in your industry.

If You're Not Getting Proper Penalty Rates

This is a common issue that can be resolved. Luke arranged to talk to his boss, Steph. He brought along the information and calculations he'd found on our website to show Steph what he should be getting paid. Steph didn't realise that she had to pay Luke penalty rates for working weekends. She discussed with him how she'd back pay the amount owed for Luke's 3 months weekend work. The money was paid into Luke's bank account the next pay day.

Your next steps should be:

1. Use the Fair Work Ombudsman's Pay and Conditions Tool to calculate your exact entitlements
2. Download the pay guide for your specific industry/award
3. Calculate any underpayments from previous work
4. Approach your employer with this information to discuss correcting your pay rates

Legal Position Summary

You are legally entitled to penalty rates for weekend and public holiday work if your award or agreement provides for them - which most do. Your employer cannot simply pay you a flat rate that ignores these penalty rate entitlements. The specific rates depend on your industry award, but weekend rates are typically 125-175% of base pay, while public holiday rates are often 200-250% or more.

If your employer refuses to pay correct penalty rates after you've shown them the legal requirements, this constitutes wage theft and you can lodge a complaint with the Fair Work Ombudsman for investigation and enforcement action.