Alert – National Day of Mourning Public Holiday

The Government has recently declared a public holiday on Thursday, 22 September 2022 as a National Day of Mourning following the passing of Queen Elizabeth II.
 

Can the practice still operate on this day?

At this time, there have not been any proposed trade restrictions announced by any State or Territory (although this is subject to change) and as a result dental practices are still able to operate as per normal should it wish to do so.

While a practice may be permitted to operate, the ability to direct or require team members to work on that particular day should be taken into consideration together with the increased resulting wage cost.
 

Do my employees have to come to work if we remain open?

Permanent employees generally have the right to a day off on public holidays without loss of pay. This includes additional public holidays which may be granted by the Government from time to time.

Naturally this excludes casual employees and part-time employees who would not ordinarily work on the public holiday.

Any request for an employee to work on a public holiday must be reasonable in the circumstances. When determining what is reasonable, the practice should consider factors such as the clinical needs of its patients, how much notice has been given, the employee’s personal circumstances and whether additional payment will be paid for working on that date.

The short notice provided for this public holiday will be a key consideration in determining the reasonability of requesting your employees to work, alongside the clinical needs of the patients. Irrespectively, each practice must assess the reasonability on a case-by-case basis and assistance can be provided by the HR Advisory Service if in any doubt.
 

What penalty rates do I need to pay my employees if they work?

Working on a public holiday will entitle Award covered employees to the payment of a public holiday rate. Under the Health Professionals and Support Services Award 2020 (HPSSA), all employees including casual employees are entitled to 250% of the minimum hourly rate for the hours worked.

Conversely, Award free employees are not entitled to penalty rates unless it is contained within their contact of employment or specifically agreed.

Practices may also consider reaching agreement with an employee(s) that they take an substitute another day which would alternative be a public holiday. This arrangement may avoid the need to pay costly penalty rates and will enable practices to spread the substituted day off over time to minimise impact upon the practice. Any such agreement should be reflected in writing.
 

What happens to my employees’ pay if we shut?

If the practice decides not to open, it should bear in mind that some employees will still be entitled to payment for a public holiday not worked. This means that all permanent employees who would have ordinary hours rostered on this day must be paid for those hours at their base rate, not including penalty rates. Casual employees are not entitled to payment on a public holiday that they have not worked.

While this public holiday has been announced with little notice, practices should keep in mind that it will operate the same as any other public holiday.

For more information on this article please call the ADA HR Advisory Service on 1300 232 462.