Question - are Easter Saturday and Anzac Day public holidays?
You are here:Payment for work on a public holiday for most employees is dependent on things like award or enterprise agreement provisions. We stress that it is therefore hard to generalise about public holidays, but here is some information about Easter Saturday and Anzac Day in 2009.
Question - Can you let me know are Easter Saturday and Anzac Day classed as public holidays if staff work them this year (2009)?
Answer - Payment for work on a public holiday for most of us is dependent on things like award or enterprise agreement provisions. We stress that it is therefore hard to generalise about public holidays - if you are a client and have a specific query, please call us.
Often, the award or agreement will reference a list of holidays for which public holiday penalties apply - but what happens for award free people such as some managers?
For these people, public holiday penalties normally arise from these award or agreement provisions, so technically it may be that there is no public holiday penalty payable for an award free person. It might be a different answer if the employee's contract of employment provides for a penalty - or if the existence of such a penalty can be inferred into the contract.
The Workplace Relations Act provides a list of holidays on which employees can't be forced to work in certain circumstances. This list includes Anzac Day, but not Easter Saturday. However, the Act also includes as holidays (with certain specific exceptions not relevant here) -
any other day declared by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of that State or Territory, as a public holiday by people who work in that State, Territory or region.
Our Online HR Resources Service has links to the public holiday pages of all the State and Territory Governments . Contact us if you would like a trial access to this.
Easter Saturday
Looking at the list of additional State/Territory holidays, Easter Saturday is a holiday in all States and Territories EXCEPT Tasmania and Western Australia. Note they may get other alternative days during the year in place of the one they don't get at Easter.
Anzac Day 2009
This year, the WA Government has also gazetted an extra holiday, being Monday 27 April. So, work on either the Saturday or the Monday is at public holiday rates (if so provided by your award or agreement).
In ACT, the holiday has been transferred to the Monday, so work on the Saturday is not paid at penalty rates, but work on the Monday is.
Clear as mud? We get lots of calls around holidays, so don't feel alone if you are confused!
