ANZAC DAY April 25,2015
25 April (Anzac Day) is a restricted shop trading day in NSW until 1.00 pm. This means shops cannot open for customers until after this time.
TRADING on a restricted trading day Business must have an existing Exemption or meet ONE of the following criteria:
- You are a Small Shop retailer
- You are an Exempt Shop retailer
- Your business operates within the Sydney Trading Precinct (Boxing Day only)
- You are the holder of a Hotel licence
- Your business is located within one of the nominated Local Government Areas
- Your business has an existing Exemption to Trade
- Special provisions apply to Take Away Liquor Stores
ENTITLEMENTS for working on Public Holiday
- extra pay (eg. public holiday rates)
- an extra day off or extra annual leave
- minimum shift lengths on public holidays
- agreeing to substitute a public holiday for another day.
Any work performed on a gazetted public holiday (including a substituted or additional day) is paid at the appropriate public holiday penalty rate. Please refer to your industry award.
Employees who work on public holiday may, by agreement, receive their ordinary hourly rate and 50% of additional loading instead of the full penalty rate, provided that equivalent paid time is added to the employee’s annual leave or one day instead of such public holiday will be allowed to the employee during the week in which such holiday falls.
If an employee is vacant on a day or part-day that is a public holiday, the employer is obliged to pay that employee his/her ordinary rate of pay for the regular hours of work on that day or part day. However, this provision does not cover casual or part time employees who are not ordinarily rostered to work on that day. For instance, a full time employee may normally work 8 hours a day but due to the public holiday have only been rostered to work 4 hours. Under that circumstances, the employer must pay the employee 4 hours at public holiday rate and the other 4 hours that they would have normally worked at the base rate of pay.
“Note: If a public holiday falls on an employee’s non-working day, the employee is not entitled to any public holiday benefits under the Awards or the NES.”
“Note: Please ensure that you are using a correct award for your industry, so your employees receive all that they are entitled to.”
Should you require assistance to determine penalty rates within your award, please do not hesitate to contact the Broken Hill Chamber of Commerce or visit NSW Industrial Relations and Fair Work Ombudsman websites.