Hows this for a coincidence - in 2011, both Easter Monday and ANZAC Day fall on Monday, 25 April!
The problem for those us with business in different states is that the states and territories have taken different approaches, by either substituting a day or declaring an additional day, and not all states declare the same holidays for Easter. There could be a real mess in dealing with the payment of penalties for that weekend.
Remember - the National Employment Standards (NES) entitle employees to take declared public holidays off and to be paid their base rate for the ordinary hours they would have worked on the day. The NES also entitle employees to reasonably refuse to work on a public holiday.
Penalty Rates
The applicable penalty rate for an employee undertaking work on a public holiday will be derived from the industrial instrument in your workplace. Where an employee is covered by a modern award, you should apply the transitional penalty rate. But you should check your modern award, because some also have additional provisions about public holidays.
Local Arrangements
For example, there is a common provision in modern awards which allows the employer and majority of employees to agree to substitute another day for a public holiday. This means that the substitute day is the public holiday for both the NES and the award’s penalties, but there may be special provisions in the award for specific public holidays.
For your information, here are the public holidays for that very busy looong weekend!
New South Wales
Friday, 22 April 2011 (Good Friday)
Saturday, 23 April 2011 (Easter Saturday)
Sunday, 24 April 2011 (Easter Sunday)
Monday, 25 April 2011 (ANZAC Day)
Tuesday, 26 April 2011 (Easter Monday) [substitute for Easter Monday]
Western Australia
Friday, 22 April 2011 (Good Friday)
Monday, 25 April 2011 (ANZAC DAY)
Tuesday, 26 April 2011 (Easter Monday) [Easter Monday moved to Tuesday, as ANZAC Day also falls on Monday]
Queensland
Friday, 22 April 2011 (Good Friday)
Saturday, 23 April 2011 (Easter Saturday)
Monday, 25 April 2011 (ANZAC Day)
Tuesday, 26 April 2011 (Easter Monday) [substitute for Easter Monday]
Victoria
Friday, 22 April 2011 (Good Friday)
Saturday, 23 April 2011 (Saturday before Easter Sunday)
Monday, 25 April 2011 (Easter Monday)
Tuesday, 26 April 2011 (ANZAC DAY) [substitute for Easter Monday]
South Australia
Friday, 22 April 2011 (Good Friday)
Saturday, 23 April 2011 (Easter Saturday)
Monday, 25 April 2011 (Easter Monday)
Monday, 25 April 2011 (ANZAC DAY)
Tuesday, 26 April 2011 (Easter Tuesday) [holiday declared by Proclamation as Easter Monday and ANZAC Day fall on the same day]
Tasmania
Friday, 22 April 2011 (Good Friday)
Monday, 25 April 2011 (Easter Monday)
Monday, 25 April 2011 (ANZAC DAY)
Tuesday, 26 April 2011 (Easter Tuesday) [restricted public holiday currently observed by certain awards/agreements and the State Public Service]
Northern Territory
Friday, 22 April 2011 (Good Friday)
Saturday, 23 April 2011 (Easter Saturday)
Monday, 25 April 2011 (Easter Monday)
Monday, 25 April 2011 (ANZAC DAY)
Tuesday, 26 April 2011 (additional public holiday in recognition of both ANZAC Day and Easter Monday falling on the same day)
Australian Capital Territory
Friday, 22 April 2011 (Good Friday)
Saturday, 23 April 2011 (Easter Saturday)
Monday, 25 April 2011 (Easter Monday)
Monday, 25 April 2011 (ANZAC DAY)
Tuesday, 26 April 2011 [In recognition of the congruence of Anzac Day and Easter Monday]
Please call Inspire Success on 02 4356 1767 if you need some clarity on your business’ situation.