What are the rules surrounding working on ANZAC day?
There are two key things affecting work on ANZAC Day.
Shop Trading Restrictions
There are restrictions on shops trading on ANZAC Day up to 1:00 pm. This means that shops must be closed until 1:00 pm unless they meet certain exemptions. Click here for further information on these restrictions.
Public Holiday
The whole of ANZAC Day is also a public holiday. This means that an employee who would normally work on that day (in 2011 this is Monday 25th April) must either have paid time-off, or if they work, be paid in accordance with the law as it relates to public holidays.
All employees who work on Anzac Day must be paid at least time and a half of their regular pay (or average daily pay, if applicable) as it related to time actually worked on the day or, if greater, their regular pay including penal rates for the work they do on Anzac Day. Click here for more information about working on a public holiday.
If an employee works on ANZAC day, and it is a day of the week that they regularly work on, they must also be given an alternative holiday, in addition to being paid at least time and a half. Click here for more information on alternative holidays for employees who work on a public holiday.
What about people working in shops that must close?
If an employee works in a shop which must be closed until 1pm on ANZAC Day, they may be entitled to be paid even if they do not work during the time the shop is closed. This will depend on the hours they regularly work and any express provision in their employment agreement. If they are required to work at any time on ANZAC Day then they are entitled to be paid at least time and a half of their regular pay (or average daily pay if applicable) for the hours actually worked, and be given an alternative holiday (if Sunday would be a normal working day). Use our Holidays and Leave Tool to work out entitlements for public holidays, and sickness and bereavement leave.
Date Modified: Thursday, March 31, 2011
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and should not be used as a substitute for legislation or legal advice. State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.