National Day of Mourning – Public Holiday, Thursday 22nd September 2022
The Australian Government has announced a National Public Holiday on Thursday the 22nd of September 2022.
The public holiday agreed by National Cabinet will begin with a National Day of Mourning Memorial Service, broadcast live around the country at 9 am
What does this mean for your business?
Does your business need to remain open on this day?
If the answer is yes then you need to consult with your employees rostered as soon as possible.
What do I need to pay my employees who would usually work but are observing the Public Holiday?
In this situation employees would be entitled to be paid their ordinary hours.
Do I need to pay employees who were never rostered to work that day?
No, where an employee was never required to work on the Public Holiday they are not entitled to payment. However, you cannot move an employees rostered shift to avoid paying them the Public Holiday
What if an employee already have leave booked?
Where the employee would have worked the public holiday but had already booked annual leave they would be entitled to payment for the Public Holiday without deduction from their leave balances.
What if my employee calls in sick on the day before or after the Public Holiday?
Check your Leave Policy for guidance on what you can ask for in the scenario.
As a business, it is important to be prepared if you are going to be open.
Perth metropolitan area will be able to trade between 11am and 5pm, as part of the standard public holiday trading hours, during the National Public Holiday on Thursday 22 September.
Trading Hours, as all regional trading hours are different and set locally, please contact the Shire of Exmouth to find out what the trading Hours for next Thursday will be.
Extended trading permits are available under certain conditions. For specific advice on the issue of permits please contact the Automotive, Marine and Trading Hours Branch on (08) 6251 1406.
Staff working on a public holiday
You can ask your employees to work on a public holiday if the request is reasonable, however, they have the right to refuse the request if they have reasonable grounds. If you ask staff to work on a public holiday you may be required to pay penalty rates for each hour worked.
Pay and employment conditions
Public holidays can often create payroll issues for small businesses when considering penalty rates and what to do if an employee refuses to work on a public holiday.
Most employees are entitled to penalty rates for working on a public holiday, these are set by the award or enterprise agreement your employee is under. There are two industrial relations (IR) systems operating in Western Australia, the state system and the national Fair Work system. Your obligations will differ depending on what system applies to your business.
Information is available about public holiday pay and entitlements for state system employees. If you are unsure if a WA award applies to you or your business, or need more information, contact Wageline or visit their finding the right pay rate page.
For more information on pay obligations, penalty rates and allowances, minimum wages, pay slips and record keeping requirements within the national fair work system contact the Fair Work Ombudsman.
ECCI Members – Contact CCIWA for FREE Employee Relations Advice
Visit the SBDC Website for more information on penalty rates and employee conditions, it is treated the same as any other Public Holiday. See info below on the SBDC site: