The Great Australian Christmas Eve Mystery: Is It Actually a Public Holiday?

Australia News Now : As December 24th rolls around, a familiar question echoes through Australian offices, retail strips, and construction sites: “Are we on public holiday rates yet?”

In Australia, the answer is rarely a simple “yes” or “no.” Because of the way our federated system works, your “holiday status” on Christmas Eve depends entirely on where you are standing and what time you look at your watch. While Christmas Day and Boxing Day are cemented as national public holidays, Christmas Eve exists in a legal gray area that changes as the sun begins to set.

Here is the definitive guide to the 2025 Christmas Eve public holiday status across Australia, the rules for workers, and what you need to know about the “Part-Day” phenomenon.

Table of Contents

The Short Answer: It Depends Where You Live

For the majority of Australians—those in New South Wales, Victoria, Western Australia, Tasmania, and the ACT—Christmas Eve is not a public holiday. It is treated as a standard business day, meaning standard pay rates apply and stores typically operate under normal or slightly extended festive trading hours.

However, if you live in Queensland, South Australia, or the Northern Territory, Christmas Eve is legally recognized as a part-day public holiday.

State-by-State Breakdown for 2025

State / Territory	Public Holiday Status	Effective Hours
Queensland	Yes (Part-day)	6:00 PM – Midnight
South Australia	Yes (Part-day)	7:00 PM – Midnight
Northern Territory	Yes (Part-day)	7:00 PM – Midnight
NSW, VIC, WA, TAS, ACT	No	N/A

Understanding the “Part-Day” Public Holiday

The concept of a “part-day” public holiday can be confusing for both employers and staff. Essentially, the clock strikes a specific time, and suddenly the legal framework of the workday shifts.

1. The Queensland Shift (6:00 PM)

In Queensland, the government officially gazetted Christmas Eve as a part-day public holiday starting in 2019. From 6:00 PM until midnight on December 24th, the “National Employment Standards” (NES) regarding public holidays kick in.

2. The SA and NT Shift (7:00 PM)

In South Australia and the Northern Territory, the transition happens an hour later, at 7:00 PM. This was introduced to balance the needs of retailers (who want to stay open for last-minute shoppers) with the rights of workers to spend time with their families or receive higher compensation for working during a significant cultural evening.

What This Means for Your Pay Packet

If you are working in one of the states mentioned above during the designated hours, your pay should reflect the change.

Penalty Rates: Most modern awards and enterprise agreements require employers to pay penalty rates for hours worked during a public holiday. For many retail and hospitality workers, this can mean earning double time and a half (250%) or double time, depending on the specific agreement.
The Right to Refuse: Under the Fair Work Act, an employee has the right to refuse to work on a public holiday if the refusal is reasonable (e.g., family responsibilities). Conversely, an employer can request a worker to stay on-shift if the request is reasonable.
Minimum Shift Lengths: Some awards have a “minimum call-out” or shift length for public holidays. If your shift starts at 5:00 PM and ends at 9:00 PM in Queensland, the two hours after 6:00 PM must be paid at the holiday rate, and you may be entitled to a specific minimum payment for that “holiday portion” of the work.

Retail Trading Hours: The Last-Minute Rush

Even though the public holiday doesn’t technically start until the evening, many retailers change their behavior on Christmas Eve.

In New South Wales and Victoria, where it is not a holiday, many large supermarkets and department stores trade until late (sometimes midnight) to accommodate the “forgot the cranberry sauce” dash. However, in South Australia, trading hours are more strictly regulated. While the part-day holiday begins at 7:00 PM, many non-exempt shops are required to close by 5:00 PM or 6:00 PM anyway, regardless of the holiday status.

Pro Tip: Always check your local supermarket’s “holiday trading” sign in the week leading up to Christmas. Even in “unregulated” states, many stores choose to close early on Christmas Eve to give their staff a head start on the festivities.

Why is Christmas Eve a Holiday in Some States but Not Others?

The discrepancy comes down to state legislation. Queensland, SA, and the NT argue that the evening of Christmas Eve is a time of high social and religious significance. By legislating it as a part-day holiday, they ensure that those who must work—like police, nurses, and hospitality staff—are compensated for the “social sacrifice” of missing Christmas Eve carols or family dinners.

Other states, like NSW and Victoria, have resisted this move, citing the increased cost to small businesses. Business chambers often argue that adding another public holiday (even a half-day) puts a strain on the hospitality sector during one of their busiest nights of the year.

Essential Checklist for Workers and Business Owners

If you are operating or working this December 24th, keep these three things in mind:

Check the Award: Don’t guess your pay. Check the Fair Work Ombudsman website or your specific Union (like the SDA for retail workers) to see exactly what the “Part-Day Holiday” clause says for your industry.
Verify the Time: If you’re in Brisbane, the holiday pay starts at 6:00 PM. If you’re in Darwin or Adelaide, it’s 7:00 PM.
Public Transport: Even in states where it isn’t a public holiday, transport often runs on a “Saturday” or “Modified” timetable on Christmas Eve. Don’t get caught out waiting for a bus that isn’t coming!

Looking Ahead to 2025

In 2025, Christmas Eve falls on a Wednesday. This means it is a mid-week work day for most of the country. Expect the rush to be particularly intense as people try to wrap up their final day of work before the four-day break (Christmas, Boxing Day, and the following weekend).

Whether you are clocking off early to head to the beach or sticking it out behind a counter to serve the last of the holiday shoppers, knowing your rights ensures that your festive season starts on a high note—and with the right amount of money in the bank.