Navigating public holiday work arrangements: What employers need to know for Easter and ANZAC Day

Article by HR Legal

With the Easter holidays and ANZAC Day coming up next month, employers should consider how they best manage their work arrangements over this period.  

Public holidays vary by state and territory, as do the restricted trading rules (if any) that apply on these days.

Working on public holidays: Pay and request to work

In accordance with the Fair Work Act 2009 (FW Act), employees have the right to be absent from work on public holidays, and to be remunerated for their usual hours of work on that day. However, a permanent employee is not entitled to payment if the public holiday falls on a day they would not normally work. For example, employees that work Monday to Friday will not be entitled to be remunerated for a public holiday that falls on a Saturday or Sunday.

Subject to the terms of the relevant Award or other industrial instrument, employees who work on a public holiday may be entitled to receive their base rate of pay plus any additional penalties.

Employers have the right to request that their employees work on public holidays so long as the request is reasonable. However, employees may refuse such a request if they have reasonable grounds to do so.

The FW Act sets out the factors that consider in determining if an employer’s request or employee’s refusal to work on a public holiday is “reasonable”, including: the nature of employer’s workplace, whether the employee will receive any additional pay (e.g. penalty rates), the employee’s personal circumstances (e.g. family responsibilities), notice provided by the employer or the employee, among other matters.

Substituting public holidays

Employers need to review any specific obligations contained in the relevant Award or other industrial instrument that may have provisions for a mandated substituted day off work. This may require an employer to provide an employee with an additional day off where the public holiday falls on a pre-planned RDO or agreeing with an employee that they work the public holiday but have an alternate day off.

Where an employee is not covered by either an Award or other industrial instrument, the business may still agree with the employee to have a substituted day off work.

Restricted Trading

For some businesses, it will also be important to consider whether any public holidays have trading restrictions in the state/territory where the business operates. For example, in Victoria, the following days (together with Christmas Day) are considered to be ‘restricted trading days’:

• Good Friday (all day); and
• ANZAC Day (between 12:01am and 1:00pm)

This means most shops are not allowed to trade on these days/times. However, exempt shops are permitted to open, including chemists, petrol stations and others. Additionally, shops that have 20 or fewer employees in the shop (or such other criteria as specified by legislation) may remain open on these days.

In Victoria, businesses that do not fall within the definition of a ‘shop’ can operate as normal on restricted trading days. Caravan Parks and motel receptions are examples of businesses that are not shops.

Please note, each state and territory has different restricted trading rules that may apply to the upcoming Easter and ANZAC Day public holidays.

If your business requires further assistance with checking the minimum pay rates, entitlements and rules that apply at your workplace ahead of the April holidays, HR Legal can provide tailored legal advice. Contact HR Legal on (03) 9948 2450 or at [email protected].

This content was provided by HR Legal as part of its partnership with Caravan Industry Association of Australia.