As Australia Day (26 January) falls on a Sunday this year, an ‘additional’ public holiday has been proclaimed for Monday 27 January 2020.
All public holidays in South Australia are governed by the Holidays Act 1910 which prescribes that all Sundays are public holidays. However, it should be remembered that the Holidays Act was created at a time when no business operated on a Sunday and hence all Sundays are listed as public holidays. However, times have moved on and trading now occurs on all days of the week.
In recognising the changed circumstances, the industrial parties have long accepted that all Sundays are not treated as public holidays in awards and work on such days are instead usually paid at relevant weekend penalty rates.
While many public holiday websites in South Australia list both the Sunday (26 January) and Monday (27 January) as public holidays, it should be understood that only Monday (27 January) will be treated as the public holiday under the relevant awards, as explained above.
Work on Sunday 26 January will be treated and paid as any other Sunday under the Vehicle Award, Clerks Private Sector Award, or any other relevant modern award that may apply to your employees.
If you need assistance in understanding your obligations, please contact the MTA’s Workplace Relations team for further information by clicking here.