National Day of Mourning implications for private practice

The 22 September public holiday commemorating a National Day of Mourning for the Queen has many doctors and practice managers wondering what that means for their private practices. 

This article outlines the workplace relations implications for private practices.

Can you open your practice on 22 September?
The Queensland Government has announced this day is to be treated as a normal public holiday, like that of Australia Day. Practices and clinics can choose to open on this day, but will need to pay their staff the appropriate public holiday penalty rates as outlined in the National Employment Standards (NES) and the following awards: 

• Health Professionals and Support Services Award 2020 (HPSS Award)
• Nurses Award 2020. 

What are the entitlements for employees?
The NES provides an entitlement for employees to be absent from work on a public holiday. The NES also protects an employee’s workplace right to reasonably refuse to work on a public holiday. 

Full-time and part-time employees who do not work on a public holiday are paid their minimum pay rate for the ordinary hours they would usually work on that day. 

Please note, if your part-time employee’s ordinary hours do not include the day on which the public holiday falls, then they do not receive payment for this day.

Casual employees are not entitled to payment if they do not work on the public holiday. 

What is the correct pay rate for employees?
Under Clause 33.2 of the HPSS Award, any employee required to work on a public holiday will be paid 250 per cent of the minimum hourly rate applicable to their classification and pay point for all time worked. 

Employees covered by the Nurses Award 2020 are paid slightly differently. Full-time and part-time employees are paid 200 per cent of the minimum hourly rate applicable to their classification and pay point, and casual employees are paid 200 per cent of their casual hourly rate. 

What if an employee is already on paid leave?
If the public holiday falls on a day that your employee is already on paid annual or sick leave, they are still entitled to be paid for the public holiday at their ordinary hourly rate. This payment does not come out of the employee’s leave balance. 

Do you have more questions?
If you would like further guidance, please contact the Workplace Relations Team via email, workplacerelations@amaq.com.au.  

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