I’m chasing some information regarding the payment of Anzac day this year as it falls on a Saturday. I have read all through fair work and the like and I’m certain that I need to pay my staff for the public holiday today (Saturday) but, my staff are telling me they have never been paid this is the past. We have only taken over this business this financial year.
We are a Western Australia based too.
My situation is as follows
We are open Tuesday to Saturday normally, So our employees have Sunday and Monday off every week.
Now, today is a Saturday and a normal day of work for the employees and being the Anzac public holiday we have closed the business for today. I’m under the impression that the day should be paid to the employees.
This is a snippet from the NES
“Employees (except casual employees) who normally work on the day a public holiday falls will be paid their base pay rate for the ordinary hours they would have worked if they had not been away because of the public holiday.”
And, this is a snippet from the Award that applies to our industry
“An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES. Where an agreement to substitute a day is made the following applies: