ANZAC Day and Easter Public Holidays 2015

26th March 2015

As we all know, public holidays for national system employees and employers are prescribed in the National Employment Standards (NES). 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.

• ANZAC day is celebrated every year on 25 April and,
• Good Friday and Easter Monday are public holidays applicable throughout Australia

However, public holidays may be substituted to another day either by agreement or as declared in State and territory regulations. For example the Clerks Private Sector Award allows an employer and employees to agree to substitute another day for any public holiday provided in the NES. Additional public holidays occur throughout the year where a law of a State or Territory declares another day, or part-day, to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday. Easter Saturday is such a day and every Sunday in South Australia is treated as a public holiday.

This year, ANZAC day occurs on a Saturday and the only State to declare an additional public holiday on the following Monday 27th April 2015 is Western Australia.

There are no surprises for Easter holidays such as Good Friday, Easter Saturday (an additional day) and Easter Monday. However, the Victorian and NSW governments have recently declared Easter Sunday as an additional public holiday. Businesses that trade over the Easter weekend must observe the penalty rates applicable to public holidays rather than paying the usual weekend rates. Some Tasmanian organisations also continue to observe the Easter Tuesday as a holiday for historical reasons but it is not a prescribed public holiday for the private sector. The ANZAC day holiday is subject to restrictions on trading hours.

Employers that trade over weekends should read the NES in conjunction with applicable modern awards or enterprise agreement and the relevant State laws (including Shop trading laws) to understand what days are declared public holidays as well as the penalty rates applicable for work performed on those public holidays.