Planning for Public Holidays: Why Employers Must Be Ready for Easter and ANZAC Day

Public holidays are a predictable feature of the employment landscape, yet they continue to be a frequent source of disputes, underpayments and employee relations breakdowns. As Easter and ANZAC Day approach, as well as others scattered over the calendar year, employers should be turning their minds to whether they are operationally, legally and culturally prepared for employees working, or refusing to work, on public holidays.

Experience shows that most public‑holiday issues do not arise from malicious intent, but from poor planning, misunderstanding of award or agreement provisions, or assumptions about employee availability. The consequences, however, can be significant and can range from underpayment claims and union disputes to adverse findings in the Fair Work Commission.

Under the National Employment Standards (NES), employees are entitled to be absent from work on a public holiday. However, employers may request an employee to work, provided the request is reasonable, and the employee may refuse if the refusal is reasonable (Fair Work Act 2009 (Cth), s 114).

What is “reasonable” depends on a range of factors, including:

• the nature of the business and operational requirements
• the employee’s personal circumstances
• whether the employee could reasonably expect to be asked to work
• compensation, penalty rates or remuneration
• the amount of notice provided

These factors are regularly misunderstood or applied retrospectively, often after a dispute has already crystallised resulting in damage to relationships and culture generally. Learnings to date, show that clear and accurate notice, genuine consultation and clarity are critical, particularly around major public holidays such as Easter and ANZAC Day.

It is also critical that employers distinguish between the public holiday entitlements of casual and part‑time employees. While part‑time employees are generally entitled to payment for a public holiday that falls on a day they would ordinarily work, casual employees are not entitled to paid public holidays unless they work the day itself, in which case applicable penalty rates may apply. Assumptions that public holiday obligations apply uniformly across employment types are a common source of error and can result in both underpayment risks and inconsistent treatment across the workforce.

1. Roster manipulation leading to overtime claims and reputational damage

A recurring issue in public‑holiday disputes is the reshaping of rosters to “work around” a public holiday in order to avoid relevant employee entitlements. In Australasian Meat Industry Employees Union v Harvey Industries Group Pty Ltd [2012] FWA 7183, the employer altered rosters in weeks where public holidays fell between Monday and Thursday, requiring employees to work additional days later in the week.

The dispute centred on whether the public holiday should count as hours worked for the purposes of calculating overtime. The Fair Work Commission’s analysis highlighted that public holidays cannot be treated as operational inconveniences and must be factored properly into weekly hours calculations where agreements require it.

2. Incorrect assumptions about payment obligations

Advice within the system shows multiple examples where employers misunderstood whether employees were entitled to:

• penalty rates on the actual public holiday
• payment for a substituted day
• both the gazetted day and an alternative declared day

This issue is particularly acute where state legislation (such as the Holidays Act 1983 (Qld) or the Public Holidays Act 2010 (NSW)) interacts with the NES and enterprise agreements. Inconsistent application has led to historical disputes and exposure to underpayment claims.

3. Unreasonable requests to work on ANZAC day

ANZAC Day presents unique risks. While it is a public holiday like any other under the NES, it carries significant cultural and personal importance for some people. Dispute material shows that employers who rely solely on “business as usual” arguments, without giving regard to employee expectations, notice or individual consideration, are more likely to face refusal, grievances or reputational damage.

4. Failure to consult under enterprise agreements

Many enterprise agreements and modern awards require consultation before roster changes, particularly where public holidays are involved. Employers who implement changes without consultation often find themselves defending not just payment claims, but procedural breaches, sometimes years later.

5. Employee relations and psychosocial fallout

Beyond legal compliance, poor public‑holiday planning can damage trust. Employees who feel compelled to work important public holidays without transparency or adequate compensation frequently disengage. This risk is amplified in safety‑sensitive or fatigue‑prone environments, particularly across consecutive public holidays.

1. Plan early and communicate clearly

Identify public‑holiday coverage requirements well in advance and communicate expectations with sufficient notice. Last‑minute requests are far more likely to be deemed unreasonable.

2. Check the instrument, not assumptions

Always confirm award, enterprise agreement and state‑based public‑holiday obligations. Do not assume substituted days, penalty rates or “either/or” entitlements without verification.

3. Public holidays often count as hours worked

Where agreements require it, public holidays may contribute to weekly ordinary hours calculations. Failure to account for this can trigger overtime liabilities, as seen in Harvey Industries.

4. ANZAC Day requires heightened sensitivity

Even where operationally necessary, requests to work on ANZAC Day should be carefully framed, justified, and accompanied by appropriate compensation and notice.

5. Good process reduces disputes

Consultation, record‑keeping and consistency are your best defence. Many disputes arise not because the employer was wrong on substance, but because the process was rushed or undocumented.

Public holidays are known well in advance. Disputes about them are not inevitable. With Easter and ANZAC Day approaching, now is the time for employers to pressure‑test their rostering practices, payment assumptions and communication strategies. Those who plan ahead reduce legal risk, and just as importantly, demonstrate respect for their workforce.

If you have questions or concerns around the upcoming public holiday requirements, please contact us below and one of Workplace Strategists will be in touch within 24 hours.