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Planning to open your business over ANZAC weekend?

Regardless of Covid-19 Alert levels, there are some essential rules that apply over on ANZAC day that affect employer obligations to their employees and the ability of shops to trade.

When does Anzac Day fall this year?

  • ANZAC Day – Sunday 25 April

What are employee rights for working the upcoming public holidays?

Employees don’t have to agree to work on Anzac Day, unless these conditions are met: these are days that the employee would have normally worked, and their employment contract says they have to work on the public holidays.

ANZAC day

This year, ANZAC Day falls on a Sunday, therefore it is Mondayised.

This is covered by these common scenarios:

  • Amelia works in a construction job, and doesn’t normally work on Sundays. She has her public holiday benefits applied on Monday 26 April when she should get a paid day off.
  • Arun is a retail shop employee who usually works on Sundays but not Mondays. His public holiday benefits apply on Sunday 25 April. If he works the Sunday as usual, he should be paid time and a half (normal pay rate multiplied by 1.5) and an alternative holiday.
  • Mia is a restaurant employee who usually works on both Sundays and Mondays. Her public holiday entitlements apply on 25 April. If she works the two days as usual, she should be paid time and a half for working Sunday and get a paid alternative holiday for working Sunday. For working Monday she should just be paid her normal pay rate.

Can businesses open on ANZAC Day?

Shops cannot open on ANZAC Day (25 April) until 1pm. However, there are some exceptions:

  • Shops including dairies, service stations, take away bars, restaurants cafes, souvenir stores can open with conditions limiting the goods they can sell based on the type of store they are. Pharmacies can open with no conditions.
  • Some shops have an area exemption, for example, tourist resorts.

These rules only apply to businesses that are shops as covered by the Shop Trading Hours Act 1990. Other businesses can open ANZAC Day.

For more information about ANZAC Day and other public holidays click here.



 

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