Issue 8 2021 - ANZAC Day public holidays


This year, Anzac Day falls on a Sunday. Each State and Territory has its own rules about whether it declares the following Monday a public holiday, and if so whether it is a "substituted" public holiday or an additional public holiday. Understanding this is vital to ensure compliance with payment rules and for interpreting an employee's rights if they are asked to work on a public holiday.



ADDITIONAL PUBLIC HOLIDAY, OR SUBSTITUTE?


National Employment standards

Under the Fair Work Act 2009 (Cth), public holidays include days and part-days prescribed by State or Territory legislation. If a State or Territory declares that a day or part-day is substituted for a day or part-day that would otherwise be a public holiday, then the substituted day or part-day is the public holiday instead of the original day. Enterprise agreements may also include terms for substituting public holidays.[1]


Variation by State or Territory

States and Territories may choose to leave the public holiday on the original day, substitute it for an alternative day, or create an additional public holiday.


The Fair Work Ombudsman website for public holidays provides a list of public holidays for each jurisdiction. The Information relevant to Anzac Day 2021 is extracted for the table below.



What this means for Employers

Employers should:

  • ensure that they understand which days are public holidays and which are normal days;

  • ensure that they are complying with their relevant modern award or enterprise agreement when paying employees for work performed on the declared public holidays (or on the Sunday where there Is a substitution); and

  • consider whether it is reasonable (in the circumstances and at the time) to request an employee to work on either of the declared public holidays.

[1] Fair Work Act 2009 (Cth) s 115.

Require further information/assistance?

If you require further information or advice, please contact your Consultant.

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