The Day of Mourning will have the same legal status as any other public holiday, including with respect to the payment of penalty rates.
Given the short period of notice, shutting for the day may pose operational difficulties for some businesses. Where this is the case, the Fair Work Act permits employers to request an employee to work on a public holiday, provided the request is reasonable. An employee may refuse such a request if the request is not reasonable, or if the refusal itself is reasonable.
Read our circular to understand what makes a request reasonable.