Key areas for employers to consider
Thursday 22 September 2022 has been declared a one-off public holiday for the National Day of Mourning for Queen Elizabeth II.
Many of our clients have voiced concerns regarding the impact of this decision on their business, particularly in relation to an unexpected loss of trade, staff rostering, additional overtime payment costs, and reduced cash flow and profits.
Key areas for employers to consider
1. Open for trade – normal public holiday rules and entitlements will apply:
- Trading rules: Employers who decide to trade on the public holiday must abide by the public holiday trading rules set out by the applicable state/territory government. Further information regarding the public holidays in your state or territory, can be found here: National Day of Mourning and other upcoming public holidays – Fair Work Ombudsman
- Penalty rates and other award requirements: Employers who choose to remain open on the public holiday are obligated to pay the penalty rates set out in the applicable modern award or enterprise agreement. Other obligations may also apply in relation to the public holiday and your employees. Employers are encouraged to check the applicable modern award/s or enterprise agreement for the current penalty rates and other requirements. Should you need support, our experienced HR Consultants at Allan Hall HR are available to help.
2. Closed for trade:
Permanent employees who would usually work on 22 September are entitled to take the day off, and will be paid their base pay rate for the ordinary hours they would have otherwise worked on that day. The base rate of pay does not include:
- Incentive based payments
- Bonuses
- Loadings
- Monetary allowances
- Over time
- Penalty rates
Employers cannot change an employee’s days/hours to deliberately avoid this payment. Full-time and part-time employees have the right to be absent from work on public holidays, or to be paid the appropriate penalty rates under the applicable award or industrial instrument.
3. Staff scheduling changes:
- Casual workforce: Employers may need to consider whether they will reduce their casual workforce to save costs or increase their casual workforce to meet an increased demand. Make note of any rostering requirements as per your company policy.
- Notice regarding a change in roster: An applicable award or industrial instrument may contain requirements in relation to the period of notice required to be given by an employer to change an employee’s roster.
4. Changes to payroll:
- If payroll is scheduled for 22 September, employers will need to consider delays in bank transfer of wages and whether they may need to move the pay date forward.
- If an employee already has an annual leave day scheduled on Thursday 22nd, this will now need to be treated as a public holiday for payroll and leave accrual purposes.
Contact us
Our experienced HR Consultants are available to support you with any employee-related questions. Please get in touch with us today on 1300 675 393 or at [email protected].