Public holiday on Thursday 22 September

As you would be aware, the Prime Minister announced a National Day of Mourning to recognise the passing of Queen Elizabeth II. 

While the South Australian Business Chamber acknowledges that this day has been chosen to pay our respects, we are acutely aware of the impact this decision has on businesses, particularly at a time of significant cost pressures around energy, transport, materials and wages. As such, we have already conveyed our concern to the Premier. 

As the Chamber of Commerce and Industry, we support every opportunity for South Australian businesses to trade if they choose to. Therefore, we support the government’s proposed exemption to give businesses the choice to trade on Thursday 22 September. This includes businesses of all types that operate under the Shop Trading Act, irrespective of location and size (which would usually determine if a business can open).

With the Premier’s announcement of an exemption to the usual shop trading hours, South Australian businesses that would not usually trade on a public holiday can choose to open from midday. Businesses that would usually trade on a public holiday or now choose to under this exemption must check their relevant industrial instruments (Modern Award, Enterprise Agreement, Employment Contract, etc) to determine the appropriate penalties for employees required to work on a public holiday. 

Businesses should be aware that:

• Under the National Employment Standards, permanent employees are entitled to a paid day off for public holidays. 
• For permanent employees whose normal working hours include Thursday 22 September 2022, they will be entitled to the paid day off or the applicable penalty rates if required to work. 
• Casual employees are not entitled to a paid day off for public holidays not worked, therefore those that are not required to work will not receive payment for this day. 

The South Australian Business Chamber suggested the proposed amendment to the shop trading hours legislation that gives businesses the opportunity to open from 9am on a Sunday. We also sought to rectify the public holidays falling on a weekend over Christmas to avoid four days of public holidays with no trading. The bill currently before parliament addresses this and also modifies the trading exemption power of the minister whereby both industry groups and unions essentially need to agree it is in the best interests of business and workers. 

Businesses are encouraged to contact our Business Advice Hotline on 08 8300 0000 (option 1) for advice and guidance on determining applicable rates of pay.