The National Employment Standards (NES) under the Fair Work Act 2009 confirm 25 April as a national public holiday for ANZAC Day.  This means Sunday 25 April 2010 is a public holiday.

In addition the Council for the Australian Federation, which includes all States and Territories, has agreed “harmonising” the approach to Anzac Day so that when Anzac Day falls on a non-work day, a substitute public holiday will also occur on another day.

In 2010 ANZAC Day is Sunday 25 April and the substitute day is Monday 26 April 2010 across all States and Territories (with the exception of Tasmania where State Parliament rejected the substitute day).  Modern Awards introduced on 1 January 2010 (including the Plumbing and Fire Sprinklers Award) confirm the observance of such substitute days declared by State or Federal Governments. Work on either day will attract public holiday penalty rates.  An employer is also obligated to pay employees for the substitute day off.

The NES also provides that an employee may refuse to work on a substitute day.  In determining whether a request (or a refusal of such a request) to work on a public holiday or a substitute day is reasonable, the following must be taken into account:

• nature of employer’s workplace (including operational requirements) and nature of work employee performs;

• employee’s personal circumstances including family responsibilities;

• whether employee could reasonably expect that employer might request work on such days;

• whether employee is entitled to overtime payments, penalty rates, additional remuneration or other compensation reflecting expectation for public holiday work;

• type of employment (e.g. full time, part time, or casual shiftwork);

• amount of notice given by employer in advance of public holiday when requesting work;

• amount of notice given by employee in advance of public holiday refusing work; and / or

• any other relevant matter

Members are encouraged to carefully plan for public holiday work and consult with employees accordingly.

In 2011 Anzac Day falls on Easter Monday 25 April 2011.  The Council of the Australian Federation has agreed to a substitute day being Tuesday 26 April 2011.  Similar considerations to those outlined above for 2010 will be applicable for 25 and 26 April 2011.

Members with any queries regarding Anzac Day 2010 should contact Chris Harnath at the Association on 03 9329 9622 or 1800 133 871.