12 September 2022
The federal government has announced a special public holiday as memorial to the late Queen, to be held on Thursday, 22 September.
Employee entitlements
As with all public holidays, employees, other than casuals, who are rostered to work will be entitled to have the day off work and be paid for their ordinary hours. It is also possible to reach agreement with individual employees to swap Thursday, 22 September for an alternate paid day off. In this case, employers should ensure they keep records of the agreement.
Employees who are required to work on the holiday and agree to do so, must be paid that the rate of double time and a half for all hours worked.
Can the industry remain open?
Providing you reach agreement with your employees, you can work – however, you must consider the public holiday pay rates outlined above and any council restrictions that will impact you.
Building work noise restrictions
If you are considering working on the public holiday, please be aware that it's an offence to carry out building work that causes an audible noise. This may significantly limit the work you can do. Work that can be performed without causing audible noise is allowed to be completed.
Your local council is responsible for enforcing these restrictions and may issue fines to the person/s carrying out the work if audible noise results from the work being undertaken on the public holiday.
Extensions of time
You may be entitled to an extension of the date for practical completion in your contracts. Check the process for extension of time claims in your contracts and give Master Builders Members Legal a call if you need assistance.
Advice and information
Master Builders team of workplace relations experts is available to assist members with any queries they have about the public holiday. Please contact us or call 1300 30 50 10.