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Open for business on a public holiday?Date:
As a small business owner it is important to make sure that if you are open for business on a public holiday or long weekend that you are prepared. Before starting your preparation find out if you are allowed to be open on a public holiday, as small retail shops, special retail stores, service stations and motor vehicle shops must be closed on Good Friday, ANZAC Day and Christmas Day. Trading hoursGeneral retail shopsAll shops are regarded as general retail shops unless they are a: small retail shop, special retail shop, service station or motor vehicle shop. It is important to note that you do not have to open for business, but can should you wish within the specified trading hours. Standard trading hours for general retail shops in the Perth metropolitan area:
Regional businessesNon-metropolitan trading hours will remain as per usual:
Local governments outside the metropolitan area can apply to Consumer Protection for extended retail trading hours. Small and special retail shopIf you are a small retail shop with up to six people and operate no more than four retail shops of up to 25 people working at any one time, you will need to apply for a certificate to be able to trade 24 hours a day, every day of the year. Small retail shops may sell any goods other than motor vehicles. Special retail shops that are considered necessary for emergency, convenience or recreation goods can trade from 6am to 11.30pm every day of the year. To trade as a special retail shop, you will need to apply for a certificate. Special retail shops include:
Learn more about retail trading hours. Public holidays in WAWestern Australia has 11 public holidays:
Check the WA.gov.au website for a list of Western Australian public holidays for each year. Staff working on a public holidayYou can ask your employees to work on a public holiday if the request is reasonable, however employees can say no if they have reasonable grounds. It’s important to note that rostering someone to work does not equal employee consent, which is required. So what happens if an employee refuses to work on a public holiday?National Employment Standards (NES) protect an employee’s workplace right to reasonably refuse or be absent from work on a day or part-day that is a public holiday. To determine whether a request (or refusal of such a request) is reasonable, consider the following:
Employees are covered by the national workplace relations system, regardless of any award, agreement or contract. An award or agreement may include provisions for you and your employee to agree to substitute the day or part-day for another day or part-day. In doing so, be sure to not use any unnecessary pressure on your employee in relation to agreeing to substitute a public holiday for another day or part-day. Pay and employment conditionsPublic holidays are popular, but they can often create payroll issues for small businesses when considering penalty rates and what to do if an employee refuses to work on a public holiday. You may avoid costly mistakes by understanding the required pay and employment conditions. If you ask staff to work on a public holiday you may be required to pay penalty rates for each hour worked on the day, time in lieu, or equivalent time added to their annual leave in respect of each hour worked on the day. There are two industrial relations (IR) systems operating in Western Australia, the state system and the national Fair Work system. Your obligations will differ depending on what system applies to your business. The state IR systemThe state system includes businesses and employees that are:
An employee’s pay and working entitlements will depend on their specific employment arrangements. If you need a full time or part time employee to work on a day on which a public holiday falls, then they are entitled to a paid day off for that day. If they are not ordinarily required to work on a day on which a public holiday falls, they will not be entitled to a paid day off for that day. Information is available about public holiday pay and entitlements for state system employees. If you are unsure if a WA award applies to you or your business, or need more information, contact Wageline or visit their finding the right pay rate page. The national Fair Work systemThe national Fair Work system covers Western Australian businesses that are constitutional corporations including:
Employees within the national Fair Work system get paid their base rate for all hours worked on a public holiday depending on the applicable Fair Work award or agreement, working on a public holiday will entitle your employee to one or more of the following:
Most employees are entitled to penalty rates for working on a public holiday, these are set by the award or enterprise agreement your employee is under. Some awards and agreements allow staff and employers to agree to substitute the public holiday for a different day, get time off in lieu, or have a day added to their annual leave balance. If an employee covered by a WA award works on a public holiday the minimum they must be paid for the hours they work on that public holiday is the wage rate specified in the award or agreement, including any public holiday penalty rates, even if they are paid above award rates. For more information on pay obligations, penalty rates and allowances, minimum wages, pay slips and record keeping requirements within the national fair work system contact the Fair Work Ombudsman. Charging a public holiday surchargeSome business owners may wish to recoup the additional costs of operating on a public holiday by charging their customers a temporary higher price (a surcharge). Under the Australian Consumer Law most businesses must display a single price that is the total of all measurable costs. However, cafes and restaurants are exempt from these requirements as long as the menu or pricing display clearly and prominently includes wording that 'a surcharge of [percentage] applies on [the specified day or days]'. The intent is that customers immediately understand that the listed price displayed is not actually the final price that they will be charged on those days. Do I have to open on a public holiday?In some instances, the additional cost to open on a public holiday may not be financially viable for your business. If this is the case, you do not have to open. Depending on the award your staff are under, they may still need to be paid for the public holiday even if your business is closed. For example, if they are a full time employees, they are entitled to be paid for the public holiday, but at their normal rate of pay. More informationLearn more about your obligations as an employer including, pay and employment conditions, tax and superannuation, keeping employment records, leave entitlements and ensuring a safe workplace. Article taken from - https://www.smallbusiness.wa.gov.au/ Last Updated: 24th March 2025
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