Anzac Day public holiday entitlements for 2021

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The information below is only relevant to employers and employees in the WA state industrial relations system – sole traders, unincorporated partnerships, unincorporated trusts and some incorporated or not for profit organisations. 

Find out more on the Guide to who is in the WA state system page. If you operate or are employed by a Pty Ltd business – you can find information on this topic on the Fair Work Ombudsman website.

In 2021, Anzac Day falls on Sunday 25 April. Subsequently, Sunday 25 April and Monday 26 April are both public holidays in Western Australia. However, employees in the state industrial relations system will generally only be entitled to public holiday entitlements for one of these days, depending on award coverage. 

This page contains information on public holiday employment entitlements for Anzac Day 2021 for:

  • state system award free employers and employees
  • Shop and Warehouse (Wholesale and Retail Establishments) Award
  • Restaurant, Tearoom and Catering Workers Award
  • Hairdressers Award. 

For information on other WA awards, please view the WA award summaries or contact Wageline on 1300 655 266.

Award free employees

Sunday 25 April 2021

Full time and part time employees

Award free full time and part time employees who would normally work on Sunday 25 April, but who are not required to work solely because it is a public holiday, are entitled to be paid for that day.

There is no minimum entitlement to additional rates of pay for working on a public holiday for award free employees, including Sunday 25 April. However, award free employees may have contracts of employment which specify other arrangements for payment and paid time off for public holidays.

Casual employees

There is no minimum entitlement to additional rates of pay for award free casual employees working on a public holiday, including Sunday 25 April. However, award free employees may have contracts of employment which specify other arrangements for payment on public holidays.

Monday 26 April 2021

Full time, part time and casual employees

Monday 26 April is not considered a public holiday for employment purposes under the Minimum Conditions of Employment Act 1993. Subsequently, this day is considered a normal working day and there is no entitlement to additional rates of pay. However, if a business chooses to close on this day, full time or part time employees who would normally work on a Monday may still need to be paid if they have a contractual entitlement to receive payment for a set number of hours per week. This would depend on the terms of the employee’s employment contract.  

Shop and Warehouse (Wholesale and Retail Establishments) Award

Under the Shop and Warehouse Award if the Anzac Day  public holiday falls on a Saturday or a Sunday it is observed on the following Monday. ,

In 2021, Anzac Day falls on Sunday 25 April.  Monday 26 April is therefore a public holiday for the purposes of the award. Sunday 25 April is a normal working day and normal Sunday pay rates will apply to employees required to work on this day. 

Full time and part time employees

Full time and part time employees who would normally be required to work on Monday 26 April 2021, but who are not required to work because it is a public holiday, are entitled to be paid for that day. If a full time or part time employee is required to work on Monday 26 April 2021, public holiday pay rates will apply. See the Shop and Warehouse Award Summary for public holiday rates of pay.

The Shop and Warehouse Award also provides that when a public holiday falls on an employee’s accrued day off (known as a ‘rostered day off’ under the award) the employee is to be compensated in one of the following methods by agreement between the employer and employee:

  • payment of an additional day’s wages, or
  • another day shall be allowed with pay within twenty eight days, or
  • have another day added to their annual leave entitlement.

Example

Harriet works 19 days over a four-week cycle (8 hours per day) and has a rostered day off every fourth Monday. In 2021, the Anzac Day public holiday under the award (Monday 26 April) falls on Harriet's rostered day off. To compensate for this, Harriet and her employer can agree that Harriet:

  • receive payment of an additional day's wage,
  • take another rostered day off within 28 days, or
  • have another day added to her annual leave entitlement.

The Shop and Warehouse Award also provides that when a public holiday falls on a day that a full time or part time employee is usually required to work less than one fifth of their ordinary weekly hours, the employee is entitled to time off duty without deduction of pay equivalent to the difference between the time usually worked on that day and one fifth of their ordinary weekly hours. The following examples illustrate how this works.

Example 1

Sue Lee is a full time employee who works an average of 38 hours per week. One fifth of Sue Lee's ordinary weekly hours are therefore 7.6 hours (38 divided by 5). Sue Lee normally works Tuesday to Saturday each week.

Monday 26 April 2021 is the Anzac Day public holiday under the award. As the public holiday falls on a day that Sue Lee is usually required to work less than one fifth of her weekly hours (in this case no hours) Sue Lee is entitled to paid time off duty equivalent to 7.6 hours. This time off duty represents the difference between the time she usually works on a Monday (0 hours) and one fifth of her ordinary weekly hours (7.6 hours).

The time off duty may be taken at a time that is mutually agreed between the employer and employee, or it may be taken in conjunction with a period of annual leave.

Example 2

Jeremy is a part time employee who works an average of 30 hours per week. One fifth of Jeremy's ordinary hours is therefore 6 hours (30 divided by 5). Jeremy normally works 4 hours on a Monday.

Jeremy's employer is closed on Monday 26 April 2021. Jeremy is entitled to be paid for the 4 hours he would normally have worked on that Monday, and additionally, he is entitled to time off duty equivalent to 2 hours. The time off duty represents the difference between the time he ordinarily works on a Monday (4 hours) and one fifth of his ordinary weekly hours (6 hours).

The time off duty may be taken at a time that is mutually agreed between the employer and employee, or it may be taken in conjunction with a period of annual leave.

Casual employees

Casual employees who are required to work on Monday 26 April 2021 must be paid at public holiday rates.

Restaurant, Tearoom and Catering Workers Award

Under the Restaurant, Tearoom and Catering Workers Award, there are no provisions substituting the day that public holidays are recognised where they fall on a weekend. The public holiday is therefore observed on the actual day of the week it falls.

Sunday 25 April 2021 is therefore a public holiday for the purposes of the award.  Monday 26 April 2021 is not recognised as a public holiday. 

Full time employees

Full time employees who would normally be required to work on Sunday 25 April 2021, but who are not required to work because it is a public holiday, are entitled to be paid for that day. If a full time employee is required to work on Sunday 25 April 2021 public holiday rates will apply. See the Restaurant, Tearoom and Catering Workers Award Summary for public holiday pay rates.

If any public holiday under the award falls on an employee's non-working day (known as a 'rostered day off'), the public holiday is observed on the next rostered working day. In this situation the next rostered working day is considered to be a public holiday, while the non-working day is not. If the employee is required to work on the next rostered working day they are entitled to be paid at public holiday rates of pay.

Example

Cassandra is a full time chef who works from Monday to Friday each week.

In 2021, the Anzac Day public holiday falls on Sunday 25 April. As this is a non-working day for Cassandra, the public holiday is observed on her next rostered working day. Cassandra is therefore entitled to a paid day off on Monday 26 April 2021. If she is required to work on this day, public holiday pay rates will apply.

Part time employees

Part time employees who would normally be required to work on Sunday 25 April 2021, but who are not required to work because it is a public holiday, are entitled to be paid for that day. If a part time employee is required to work on Sunday 25 April 2021 public holiday pay rates will apply.

If a part time employee would not normally be required to work on Sunday 25 April 2021, there are no additional public holiday entitlements.

Casual employees

Casual employees who are required to work on Sunday 25 April 2021 must be paid at public holiday rates.

Hairdressers Award

Under the Hairdressers Award, if the Anzac Day public holiday falls on a Saturday or a Sunday it is observed on the following Monday.  

In 2021, Anzac Day falls on a Sunday 25 April. Monday 26 April 2021 is therefore a public holiday for the purposes of the award. Sunday 25 April 2021 is a normal working day and normal pay rates will apply to employees required to work on this day. 

Full time employees

Full time employees who would normally be required to work on Monday 26 April 2021, but who are not required to work because it is a public holiday, are entitled to be paid for that day. If a full time employee is required to work on Monday 26 April 2021, public holiday pay rates will apply. See the Hairdressers Award Summary for public holiday pay rates.

If Monday 26 April 2021 falls on a full time employee’s non-working day (referred to as a ‘rostered day off’), then the rostered day off is to be taken on the employee’s next following working day, or by mutual agreement, another day within the same week.

Alternatively, the award allows the employer and employee to agree on the employee accumulating up to five rostered days off in any given year, which may be taken at a mutually agreed time.

Example

Nathan is a full time hairdresser and works Tuesday to Saturday each week.

In 2021, the Anzac Day public holiday is observed on Monday 26 April under the Hairdressers Award. As Monday is a non-working day for Nathan (i.e. a rostered day off), Nathan is entitled to another paid day off on his next working day, which is Tuesday 27 April 2021. Alternatively, Nathan and his employer may agree the paid day off be taken on another day that week, or another mutually convenient time.

Part time employees

Part time employees who would normally be required to work on Monday 26 April 2021, but who are not required to work because it is a public holiday, are entitled to be paid for that day. If a part time employee is required to work on Monday 26 April 2021, public holiday pay rates will apply.

If a part time employee would not normally be required to work on Monday 26 April 2021, there are no additional public holiday entitlements.

Casual employees

Casual employees who are required to work on Monday 26 April 2021 must be paid at public holiday rates.

For more information visit the Public holiday pay and entitlements – state system employees page or contact Wageline on 1300 655 266.

 

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