For the National Day of Mourning on Thursday, 22 September 2022 a special public holiday has been proclaimed in Western Australia. The proclamation was published in the Government Gazette on 15 September 2022.

This page outlines public holiday entitlements for employees in the state industrial relations system for this special public holiday.

Employers and employees covered by national fair work industrial relations system, including employees covered by national modern awards, should contact the Fair Work Ombudsman on 13 13 94 or via www.fairwork.gov.au for information on public holiday entitlements.

Entitlements for employees in the state industrial relations system

Rates of pay for a special public holiday vary depending on whether employees are covered by a WA award, and if so, whether the relevant WA award recognises special public holidays and therefore requires employees to be paid public holiday penalty rates on a special public holiday.

Award free employees 

If an award free employee is not required to work on Thursday, 22 September 2022 solely because it is a public holiday, they are entitled to be paid their normal pay for that day.

If an award free employee is required to work on Thursday, 22 September 2022 then normal rates of pay apply.

WA award recognises special public holidays

If the relevant WA award specifically recognises special public holidays under the award, the entitlements for the special public holiday are as follows:

• If an employee is not required to work on Thursday, 22 September 2022 solely because it is a public holiday, they are entitled to be paid their normal pay for that day.
• If an employee is required to work on Thursday, 22 September 2022 then public holiday penalty rates may apply. Please consult the WA award summary for public holiday rates.

The common WA awards that do recognise special public holidays are listed below.  

• Aboriginal Communities and Organisations Award
• Building Trades (Construction) Award
• Crisis Assistance, Supported Housing Industry Award
• Food Industry (Food Manufacturing or Processing) Award
• Industrial Spraypainting and Sandblasting Award
• Local Government Officers Award
• Municipal Employees Award this award does recognise special public holidays, however penalty rates are only payable if an employee is allowed the special holiday but is then recalled to duty on the day (see clause 24.6.2 of the award on the WA Industrial Relations Commission website).
• Printing Award
• Social and Community Services Award

WA award does not recognise special public holidays

If the relevant WA award does not recognise special public holidays under the award, the entitlements for the special public holiday are as follows:

• If an employee is not required to work on Thursday, 22 September 2022 solely because it is a public holiday, they are entitled to be paid their normal pay for that day.
• If an employee is required to work on Thursday, 22 September 2022, then normal rates of pay apply for hours worked, not public holiday penalty rates.

The common WA awards that do not recognise special public holidays are listed below.

• Animal Welfare Industry Award
• Bakers (Country) Award
• Bakers (Metropolitan) Award
• Building Trades Award
• Children’s Services (Private) Award
• Cleaners and Caretakers Award
• Cleaners and Caretakers (Car and Caravan Parks) Award
• Clerks (Accountants Employees) Award
• Clerks (Commercial, Social and Professional Services) Award
• Clerks (Hotels, Motels and Clubs) Award
• Clerks (Wholesale and Retail Establishments) Award
• Club Workers Award
• Contract Cleaners Award
• Dental Technicians and Attendant/Receptionists Award
• Earth Moving and Construction Award
• Electrical Contracting Industry Award
• Enrolled Nurses and Nursing Assistants (Private) Award
• Farm Employees Award
• Fruit Growing and Fruit Packing Industry Award
• Furniture Trades Industry Award
• Hairdressers Award
• Hotel and Tavern Workers Award
• Landscape Gardening Industry Award
• Licensed Establishments (Retail and Wholesale) Award
• Meat Industry Award
• Metal Trades (General) Award
• Motel, Hostel, Service Flats and Boarding House Workers Award
• Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection) Industry Award
• Pastrycooks Award
• Photographic Industry Award
• Restaurant, Tearoom and Catering Workers Award
• Retail Pharmacists Award
• Security Officers Award
• Sheet Metal Workers Award
• Shop and Warehouse (Wholesale and Retail Establishments) Award
• Transport Workers (General) Award
• Transport Workers (Passenger Vehicles) Award
• Vehicle Builders Award
• Wine Industry Award

If an employee is covered by a WA award that is not listed, please contact Wageline via Wageline@dmirs.wa.gov.au or 1300 655 266.