AFEI Employers Adviser Article

 

Reminder:  ANZAC Day Public Holiday 2015

Published: 23 April 2015

 

Members are reminded that the public holiday to commemorate ANZAC Day in New South Wales, Victoria, Queensland, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory falls on Saturday, 25 April 2015. The Saturday is the only public holiday. There is no substitute or additional day in lieu.

In Western Australia there is an additional public holiday on Monday, 27 April 2015. Public holiday entitlements and penalties may, therefore, apply for both Saturday 25 April 2015 and Monday 27 April 2015.

 

Who gets paid for the Anzac Day Public Holiday?

Only employees who are working on that day or whose usual or rostered hours fall on that day.
 
If the employee is at work they are to be paid according to the public holiday  and other relevant provisions in their contract of employment, award or enterprise agreement.

The NES provide that if the employee (except a casual employee) would usually be at work on the day but is absent (for example, because they have taken the holiday or are on leave) they are entitled to be paid at their base rate of pay for the ordinary hours of work that the employee would have worked. Some modern awards, however, provide additional payment or leave where a public holidays falls on the employee’s rostered day off.  If  absent on leave the employee’s leave is extended by a day (unless they have exhausted their paid leave entitlement and are on unpaid leave).

The employee’s base rate of pay is the employee’s ordinary pay, excluding:

  • incentive-based payments and bonuses
  • loadings
  • overtime or penalty rate
  • monetary allowances
  • any separately identifiable amounts.

Who doesn’t get paid for the ANZAC Day Public Holiday?

If the employee does not work, and does not normally work, on the day on which the holiday falls, the employee is not entitled to payment for the holiday. 

Can an employer request an employee to work on a public holiday?

Yes, provided the request is reasonable and provided that the employee has not reasonably refused such a request.

'Reasonableness' is defined by the NES and includes factors such as the employer’s operational requirements and the employee’s personal circumstances. If you require any assistance in determining whether an employee’s refusal to work a public holiday is reasonable please do not hesitate to contact the AFEI Hotline on 02 9264 2000.


Can a worker refuse to work on a public holiday?

Yes, provided that the refusal to work on a public holiday is reasonable.

 

More information?

If you require further information regarding the ANZAC Day public holiday and the NES please call the AFEI Hotline on 02 9264 2000. 


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