What is Anzac Day?
To this day in Australia, the ‘Anzac spirit’ represents the ideals of courage, endurance and mateship, but what exactly is Anzac Day, and why is it significant?
Anzac Day is a public holiday and national day of commemoration in Australia and New Zealand, which falls on 25 April every year. On this day, people pay their respects to the victims of war and reflect on the role of the country’s armed forces. ANZAC stands for the Australian and New Zealand Army Corps, which was formed during World War I.
The date of Anzac Day is the anniversary of the Gallipoli Campaign in Türkiye on 25 April 1915. This was the first major military action fought by Australian and Zealand troops in World War I, and it resulted in heavy losses of life. While it was originally a day of remembrance for the brave soldiers who fought at Gallipoli, it has become a day to commemorate all Australians and New Zealanders who have lost their lives in military operations.
Trading on Anzac Day
Anzac Day is a public holiday in all Australian states and territories. Each state and territory has their own laws governing trading on Anzac Day, and fines apply for non-compliance. It’s important to check the rules that apply to your business. Generally, businesses must stay closed for at least half of the day, unless they are exempt. Exempt businesses, like pharmacies, petrol stations, restaurants and cafés, can operate without any restrictions.
Anzac Day and employment rules
Whether you plan to stay open or close over the public holiday, there are certain employment rules regarding Anzac Day to be aware of as an employer. Understanding these rules can help you to compensate your employees fairly, stay compliant and avoid potential fines.
What are the public holiday pay rates?
The pay rates for employees on public holidays such as Anzac Day vary widely. The National Employment Standards (NES), modern awards, enterprise agreements and other registered agreements all contain rules about employee entitlements for working on public holidays. These may include extra pay, extra time off, minimum shift length and substituting a public holiday for another day.
Employees may be entitled to a penalty rate – a higher pay rate – for working on public holidays. The rules are different for full-time, part-time and casual employees. Here is a breakdown of your obligations.
Full-time employees
Full-time employees are entitled to a paid day off on public holidays. In other words, if they don’t work on the public holiday, you must pay them at their minimum pay rate for the hours they would normally work on that day. If your full-time employees do work on public holidays, they are entitled to receive the relevant public holiday penalty rate.
Part-time employees
Similarly, part-time employees get a paid day off at their minimum pay rate for the ordinary hours that they would have worked on the public holiday. In general, they are also entitled to penalty rates if they work on the public holiday. It’s important to check the specific rules in the award or enterprise agreement that applies to your business.
Casual employees
Unlike their permanent colleagues, casual employees generally aren’t entitled to pay if they don’t work on a public holiday. But if they do work on public holidays, they usually have penalty rate entitlements under most awards.
If you are unsure about penalty rates and allowances, the Fair Work Ombudsman’s Pay Calculator can help you to work out your employees’ pay entitlements.
What about if Anzac Day happens while an employee is on leave?
If the public holiday falls on a day when your employee is already on leave, the public holiday doesn’t count as leave. So, that day isn’t deducted from the employee’s annual leave balance and the usual public holiday pay entitlements apply.
What happens if Anzac Day falls on a weekend?
Anzac Day is always observed on 25 April. But if this date falls on a weekend, some states and territories move the public holiday to the next Monday, and some jurisdictions make both the weekend day and the following Monday public holidays.
Managing leave
With Easter and Anzac Day both happening around the same time, sometimes in the same week, April is often a popular time for employees to dip into their annual leave. When the public holiday is on a Tuesday or Thursday, for example, there’s a big incentive to take Monday or Friday off and have a 4-day-long weekend. This can make running a business during the month of April challenging. But taking a break over this period can offer significant benefits for both your employees and your business.
The benefits of encouraging leave
Large leave balances sit on your balance sheet as a liability, so it’s prudent to encourage your employees to take the annual leave they’re entitled to. Beyond that, there are several other benefits to consider.
Taking some extra time off around Anzac Day gives your employees the opportunity to reflect and spend time with friends and family. They can then come back to work with their batteries recharged, which often leads to a boost in productivity. Encouraging a well-earned break also tells your employees that you’re serious about promoting work-life balance – something that many employees value highly. This can lead to higher employee engagement.
Another benefit is that you can train up junior team members by allowing them to fill in for more senior staff and take on more responsibilities during a less stressful quiet period. Finally, it is a great opportunity for employers to take some time off as well and come back, ready to take on the second half of the year.
Can I refuse leave requests?
It should be noted that not all businesses have the luxury of allowing a big chunk of their workforce to take leave. In frontline industries, such as retail, hospitality and healthcare, for example, employers often need staff to work on public holidays. For this and a variety of other reasons, you may need to refuse an employee’s request for leave.
The Fair Work Commission has confirmed that employers can refuse leave requests if there is a genuine and sound business reason for doing so. The factors that determine whether a refusal is reasonable include:
- when your employee wants to take their leave
- your operational requirements over the requested leave period (for example, busy periods, such as Christmas or New Year)
- whether the leave would negatively impact the business
- whether the employee gave sufficient notice.
If your organisation doesn’t already have one, it can be helpful to develop a time-off policy, which contains a guideline about how you manage leave requests.
The Fair Work Act
Under the Fair Work Act, an employer can request that an employee works on a public holiday, if the request is reasonable. Conversely, the employee has the right to refuse this request, provided that their refusal is reasonable.
A request is usually considered reasonable if operating on public holidays is necessary due to the nature of the work and the organisation. For example, if you run an emergency medical facility or a factory in which machinery needs to operate 24/7, you can reasonably request that your employees work on public holidays.
When asking your employees to work on a public holiday, it’s also helpful to do the following:
- consider your employees’ personal circumstances, such as family responsibilities
- find out if your employees are entitled to overtime, penalty rates or other compensation for working on the public holiday, and let them know that they would receive this higher pay rate
- give your employees plenty of notice in advance that you would like them to work on the public holiday.
You can find more information about the Fair Work Act on the Fair Work Ombudsman website.
Key takeaways
- On 25 April each year, Anzac Day commemorates the Australians and New Zealanders who have lost their lives while serving in the armed forces. It is a public holiday across Australia.
- Trading rules: There are various restrictions on trading, but generally, businesses are not allowed to open until 1 pm. The trading laws are different depending on the state or territory.
- Employment rules: Permanent employees are entitled to a paid day off, and casual employees are entitled to penalty rates if they work on Anzac Day.
Managing leave: Encouraging employees to take time off around Anzac Day can be beneficial for organisations.
