In more detail
Under the National Employment Standards this will mean that an employee is entitled to be absent from work on this date. Employers may request an employee to work on the public holiday but only if the request is reasonable. Even then, an employee is entitled to refuse that request as long as their refusal is reasonable. Interestingly, one of the relevant factors in determining whether a request or a refusal is reasonable is the amount of advance notice of the public holiday that the employee has been provided.
Some award covered employees, including employees covered by the General Retail Industry Award and the Clerks Award, will be entitled to penalty rates if they are required to work on this day.
For example, the public holiday penalty rates applicable under the following modern awards are:
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General Retail Industry Award
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Full and part time employees
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225% of the minimum hourly rate
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Casual employees
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250% of the minimum hourly rate (incl the casual loading)
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Clerks - Private Sector Award
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Non-shiftworker
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250% of the minimum hourly rate
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Shiftworker
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150% of the minimum hourly rate
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We anticipate that the short notice of this public holiday may cause some issues for employers. Retailers should note that the Retail Award contains some alternatives to paying the penalty rate including agreeing with a full-time or part-time employee that they are entitled to additional accrued annual leave or time off in lieu.
If the timing of the Queens Day of Mourning public holiday causes particular timing issues, there are also options available for substituting the public holiday for an alternative day off under both the Retail Award and the Clerks Award.
Please contact us for any further advice you require.
