ANZAC Day 2021

With Anzac Day coming this Sunday , one of the most frequently asked questions is “is there an alternative and/or extra days for the Anzac day public holiday this year?”

Here is a break down for each state. Some states recognise the Anzac Day public holiday on 25th April only, some on 26th April only and some on both days.

From a payroll perspective, if there is an ‘Additional public holiday” then that day would also incur public holiday rates if an employee works that day. 

What payment is required for an absence from work due to a public holiday?

If an employee is absent from work on a day or part day that is a public holiday, the employer must pay the employee (other than a casual employee) the base rate of pay for the employee’s ordinary hours of work on that day or part-day. The base rate of pay to be paid excludes incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, or any other separately identifiable amounts.

However, an employee is not entitled to payment if they do not have ordinary hours of work on the public holiday. For example, a part-time employee is not entitled to payment if their part-time hours do not include the day of the week on which the public holiday falls.

As a reminder!  Under the Fair work act, an employee is entitled to be absent from his or her employment on a day or part-day that is a public holiday in the place where the employee is based for work purposes.

FAIR WORK ACT 2009 – SECT 114 – Entitlement to be absent from employment on public holiday An employee is entitled to be absent from his or her employment on a day or part-day that is a public holiday in the place where the employee is based for work purposes.

What are reasonable grounds for requesting or refusing to work on a public holiday?

In determining whether a request (or a refusal of such a request) to work on a public holiday is reasonable, the following guidance from Fair Work must be taken into account:

• the nature of the employer’s workplace (including its operational requirements) and the nature of the work performed by the employee
• the employee’s personal circumstances, including family responsibilities
• whether the employee could reasonably expect that the employer might request work on the public holiday
• whether the employee is entitled to receive overtime payments, penalty rates, additional remuneration or other compensation that reflects an expectation of work on the public holiday
• the type of employment (e.g. full-time, part-time, casual or shiftwork)
• the amount of notice in advance of the public holiday given by the employer when making the request
• the amount of notice in advance of the public holiday given by the employee in refusing the request
• any other relevant matter.

Reference to each jurisdiction:

Australian Capital Territory: CLICK HERE

Queensland: CLICK HERE

New South Wales: CLICK HERE

Northern Territory: CLICK HERE

South Australia: CLICK HERE

Tasmania: CLICK HERE 

Victoria: CLICK HERE Western Australia: CLICK HERE