Can Employees Work on ANZAC Day in Australia?

ANZAC Day (25 April) is one of Australia’s most significant public holidays. For many small businesses, it also raises practical questions about staffing, trading hours, and pay.

If you’re planning rosters, figuring out whether you can open, or deciding how to pay public holiday rates, it pays to get the rules right. Non-compliance can mean underpayments, Fair Work disputes, or fines under state trading laws.

In this guide, we’ll walk through what ANZAC Day means for your business, when you can ask staff to work, how to manage penalty rates and days off, and the documents and policies that make public holiday planning a lot smoother.

Is ANZAC Day A Public Holiday And What Does That Mean For Your Business?

Yes. ANZAC Day is a national public holiday across Australia, observed on 25 April each year.

Practically, this has a few immediate implications for employers:

• Employees may have an entitlement to a paid day off if they would ordinarily work that day (full-time and part-time employees).
• If you open and roster staff, public holiday pay rules (and penalty rates) usually apply under the relevant award or enterprise agreement.
• Some states and territories apply trading restrictions-often in the morning-especially for larger retail businesses.

In some jurisdictions, where ANZAC Day falls on a weekend, there may be an “additional day” or “observed day” set locally. The details vary by state. Always check your state or territory public holiday calendar and local trading laws for the exact settings that apply to your location and industry.

Can You Require Employees To Work On ANZAC Day?

Under the Fair Work Act, you can request an employee to work on a public holiday, but it must be reasonable. An employee can refuse if your request is not reasonable or their refusal is reasonable.

The “Reasonable Request” Test

Whether a request is reasonable depends on factors like:

• The nature of your business (for example, hospitality, retail, essential services).
• The employee’s personal circumstances (including family responsibilities).
• Whether they are entitled to penalty rates or other compensation.
• The amount of notice you give and whether they previously agreed to work public holidays.

Good practice is to give as much notice as possible, explain why you need coverage, and be open to alternatives (for example, offering another day off where appropriate). Keeping your approach fair and consistent will help if your decision is ever reviewed.

Casuals vs Permanent Staff

Casual employees don’t have a guaranteed day off for public holidays. You can offer shifts subject to your normal rostering practices and the applicable award rules. That said, the fairness and notice factors still matter when you request a casual to work a public holiday.

Permanent employees (full-time or part-time) may refuse an unreasonable request to work. If they don’t work and they would ordinarily have worked that day, they’re typically entitled to their base rate for the hours they would have worked.

Make It Clear In Your Contracts And Policies

Set expectations up front. Your Employment Contract should address public holiday work, compensation, and how you roster on those days. It’s also helpful to set out your approach in a clear Workplace Policy so managers and staff are on the same page before ANZAC Day approaches.

How Should You Pay Staff Who Work (Or Don’t Work) On ANZAC Day?

Pay rules depend on the award or enterprise agreement that covers your employees, and whether they actually work. Here’s the general framework most employers follow under the Fair Work system.

If A Permanent Employee Does Not Work

• If the employee would have ordinarily worked on that day, they’re generally entitled to be paid at their base rate for their ordinary hours.
• If they don’t ordinarily work on that day (for example, it’s their usual day off), there’s usually no additional payment.

If An Employee Works On ANZAC Day

• Most awards provide public holiday penalty rates for hours worked on the public holiday. These can be significant (for example, double time and a half), so plan your roster and costs carefully.
• Some awards and agreements allow you and the employee to agree to an alternative day off or an extra day of annual leave instead of some or all of the penalty payments. Any substitution must be consistent with the award or agreement and recorded properly.

To price and roster confidently, check the public holiday clauses in your award or agreement and cross-check your approach to penalty rates so there are no surprises in payroll.

Time Off In Lieu (TOIL)

In some awards and agreements, TOIL can be used in place of penalty rates if certain conditions are met. If TOIL is permitted and you want to use it for ANZAC Day, ensure the arrangement is properly agreed in writing, tracked accurately, and taken within the required timeframes. You can read more about how this works in practice under Time Off In Lieu.

Casual Employees

Casuals don’t receive a paid day off for the public holiday. If they work on ANZAC Day, the award or agreement will generally set higher public holiday rates for hours worked.

Record-Keeping

Keep clear records of who worked, for how long, the pay rates applied, and any substitution or TOIL arrangements. Good records protect your business if a wage query comes up later.

Are There Trading Restrictions On ANZAC Day?

Yes, in many states and territories there are special trading restrictions on ANZAC Day, often focused on the morning period to preserve the solemnity of dawn services.

Common patterns you may see (noting there are local variations):

• Restrictions on retail trading until a set time (often 1pm) for certain classes of shops (especially larger retailers).
• Exemptions for small shops, essential services, cafes or hospitality with conditions.
• Limits on takeaway alcohol sales or specific licensing conditions for venues.

These trading laws differ by state and can change, so always check your state or territory’s current regulations and any local council notices. If you operate across multiple locations, it’s smart to prepare a state-by-state matrix of your opening times and allowed activities for 25 April, and communicate it to your managers early.

Planning Rosters And Communications For ANZAC Day

A bit of planning can save you a lot of stress-and potential compliance issues-on the day.

1) Map Your Legal Settings

Work out which award or enterprise agreement covers each employee and identify the public holiday clauses, penalty rates, and any substitution or TOIL options. If you’re unsure, get help early-our team supports businesses with Award Compliance so you can implement the right pay settings with confidence.

2) Check Trading Hours And Licensing

Confirm your ability to trade on ANZAC Day and any time-based restrictions that apply to your type of business and location. If you’re in hospitality or retail, confirm liquor licensing or retail trading conditions for 25 April well in advance.

3) Build Rosters With Notice

Give staff fair notice of public holiday shifts, and consider the “reasonable request” factors when you’re allocating work. Clear communication helps you avoid last-minute refusals and makes it easier to maintain coverage.

If you need a refresher on setting and changing rosters lawfully, it’s worth reviewing the legal requirements for employee rostering so your process is compliant from the start.

4) Communicate Pay And Options

Explain public holiday pay settings in advance-what penalty rates apply, whether TOIL is available, and how any substitute day arrangements will be handled. This reduces confusion and helps staff plan their own commitments around dawn services or family time.

5) Capture Agreements In Writing

If you and an employee agree to substitute a day off or to a TOIL arrangement where allowed, keep a written record (an email is usually fine), and follow your award or agreement’s requirements. Good documentation avoids disputes later.

6) Put Practical Policies In Place

A short policy for public holidays-covering requests to work, how you prioritise shifts, and pay settings-helps managers implement your approach consistently across sites. If you don’t have one, consider adding this to your broader Workplace Policy suite before April rolls around.

What Legal Documents And Policies Should You Have In Place?

Having the right contracts and policies in place makes managing public holidays like ANZAC Day far easier. At a minimum, consider the following:

• Employment Contract (FT/PT): Sets expectations around public holiday work, pay, and rostering. Make sure your Employment Contract is up to date and consistent with your award or enterprise agreement.
• Casual Employment Contract: Clarifies public holiday entitlements for casuals and confirms how shifts are offered. If you regularly engage casuals on public holidays, a tailored Casual Employment Contract is essential.
• Workplace Policies: A public holidays and rostering policy, uniform or conduct policies for dawn services, and any additional guidance relevant to your industry. You can fold these into your broader Workplace Policy framework.
• Rostering Procedures: While not a “legal document” as such, written guidance on how you schedule and notify staff reduces disputes and supports compliance with your award and the Fair Work Act.
• TOIL/Substitution Records: Where permitted by your award or agreement, create a simple template to document TOIL accrual and substitute day agreements so they’re tracked accurately.

If you have any doubt about how your award applies, or whether your documents are aligned with current law, it’s best to speak with an Employment Lawyer before ANZAC Day. That way, your team and payroll settings are aligned well ahead of time.

Frequently Asked Employer Questions About ANZAC Day

Can I Close For The Morning And Open Later?

Often, yes-many jurisdictions restrict trading only for part of the day (commonly until early afternoon). Check your state’s trading laws to confirm the timing and whether your business fits an exemption category (for example, small shops or essential services).

Do I Have To Offer Public Holiday Shifts To Everyone?

Not necessarily. You can staff based on your business needs, but you should be fair and consistent in how you allocate shifts and consider the “reasonable request” factors if you’re asking a particular employee to work.

Can I Agree To A Substitute Day Instead Of Paying Penalty Rates?

Only if your award or enterprise agreement allows it, and the employee agrees. If substitution is permitted, put the agreement in writing and manage it alongside your TOIL and leave processes so you have a clear audit trail.

Do The Usual Break Rules Apply On Public Holidays?

Yes. Public holiday status doesn’t change health and safety obligations or minimum break requirements. If you need a refresher on rest and meal breaks when rostering holiday shifts, revisit your award and practical rules for Fair Work breaks.

What If An Employee Refuses To Work?

If your request was reasonable and the employee’s refusal isn’t, you can manage the situation under your usual performance framework. That said, public holidays are sensitive-if in doubt, get advice before taking action, and consider whether alternative staffing can cover the gap.

Key Takeaways

• ANZAC Day is a national public holiday on 25 April, with state-based trading restrictions often limiting morning trading for certain businesses.
• Employers can request staff to work on public holidays, but the request must be reasonable; employees can refuse if the request is unreasonable or their refusal is reasonable.
• Pay settings depend on your award or enterprise agreement-expect public holiday penalty rates for work performed and a paid day off for permanent employees who would ordinarily work.
• TOIL or substitute day arrangements may be available if your award permits and the employee agrees-document these clearly and track balances.
• Plan early: confirm trading conditions, build rosters with fair notice, communicate pay arrangements, and keep accurate records for payroll and compliance.
• Put the right foundations in place with tailored Employment Contracts, practical Workplace Policies, and processes aligned to your award obligations.

If you’d like a consultation on managing staffing, pay and compliance for ANZAC Day in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.