Australia as seen from the US, page-16

Glug as a restaurant owner who does pays in accordance with the awards we cannot possibly open on a public holiday and make a profit.

In my opinion, the great majority of restaurants that open on a public holiday don't pay in accordance with the award, they ignore the law, most will get away with it because it's incredibly difficutl to police.

Again my opinion but if you look at the numbers of restaurants and cafes that do open on public holidays you start to get a picture of how many venues are ignoring the law.