Your Rights And Obligations For Working On Anzac Day In Australia

Anzac Day (25 April) is a cornerstone of Australia’s national identity. It’s also a public holiday with special rules that affect when businesses can trade and how staff can be rostered and paid.

If you’re planning to open your doors or schedule staff on Anzac Day, it’s important to understand how “restricted trading” works in your state or territory, and what the Fair Work rules say about public holidays. Getting this right helps you stay compliant, respect the occasion and avoid penalties or disputes.

Below, we break down what “working on Anzac Day” really means, how trading restrictions differ around Australia, your obligations to staff, and the practical steps and documents that will keep you on the right track.

What Does “Working On Anzac Day” Actually Mean?

Two sets of rules usually apply on Anzac Day:

• Public holiday rules under national workplace law (the Fair Work framework) set out employee entitlements, penalty rates (via awards and enterprise agreements) and what counts as a reasonable request to work.
• State and territory restricted trading rules limit when certain businesses (commonly large or non‑exempt retail shops) can open-especially in the morning of 25 April.

In practice, “working on Anzac Day” can mean different things depending on your business and location:

• For employers: Opening to the public, operating behind the scenes (e.g. warehouse work), or providing essential services.
• For employees: Any shift that falls on 25 April, whether customer-facing or back-of-house, casual or permanent.

Some industries (like hospitality, newsagents, pharmacies and petrol stations) are often exempt from trading hour restrictions. Others (like major retail) face tighter limits until late morning or early afternoon, depending on the jurisdiction.

It’s also common for services to pause or open later in the day to allow for Dawn Services and local commemorations, even when not legally required. Plan for this operationally and communicate clearly with staff and customers.

Can You Open Or Work On Anzac Day? (State And Territory Overview)

Whether you can open, and from what time, depends on your state or territory’s shop trading laws. The exact definition of a “large” or “exempt” shop also varies, so always check how your specific business is classified before setting your Anzac Day roster.

New South Wales (NSW)

• General position: Most non‑exempt retail shops must remain closed until 1:00 pm on Anzac Day.
• Common exemptions: Small shops (as defined), cafes and restaurants, takeaway food, pharmacies, newsagencies, and petrol stations.

Victoria (VIC)

• General position: Most shops that are not exempt are closed until 1:00 pm.
• Common exemptions: Hospitality venues, service stations, pharmacies, certain small or exempt retailers.

Queensland (QLD)

• General position: Trading hours for large shops are typically restricted until 1:00 pm on Anzac Day; independent (small) shops are usually exempt.
• Note: Regional rules can differ, and some areas have special orders-check the settings that apply to your location.

Western Australia (WA)

• General position: General retail shops are commonly closed until 1:00 pm; small shops and special retail shops may have different permissions.

South Australia (SA)

• General position: Most non‑exempt retailers are closed until around 12:00 pm (noon) on Anzac Day.
• Common exemptions: Small shops and specified essential services, plus some designated tourist or special trading precincts as permitted.

Tasmania (TAS)

• General position: Restrictions typically apply to larger retailers until around 12:30 pm; many smaller or exempt businesses can open earlier.

Australian Capital Territory (ACT)

• General position: No broad retail trading hour prohibitions specific to Anzac Day for most businesses, but it is still a public holiday-public holiday entitlements apply to workers.

Northern Territory (NT)

• General position: Generally no territory‑wide shop trading hour restrictions for Anzac Day; public holiday employment rules still apply.

Important notes to keep in mind:

• Exemptions are specific: Whether you are a “small shop” or “exempt shop” is defined by local legislation. Size, ownership, product range and staffing can all matter.
• Observed (substitute) public holidays: If 25 April falls on a weekend, some jurisdictions declare an additional weekday public holiday. The public holiday date affects pay and rostering obligations-check your state or territory’s public holiday calendar for the relevant year.
• Penalties apply: Opening in breach of a restricted trading period can attract significant fines, separate from any employment law breaches.

Employees’ Rights And Employer Obligations On Anzac Day

Public holiday rules are national, and they apply regardless of whether your business is restricted from opening in the morning. Here’s what you need to know about requests to work, refusal, pay and rostering.

Can You Require An Employee To Work?

Under the public holiday provisions in the Fair Work framework, an employer may request an employee to work on a public holiday if the request is reasonable. An employee may refuse if the request is not reasonable, or the refusal is reasonable.

In assessing reasonableness, consider factors such as the nature of the work, the employee’s personal circumstances (e.g. family responsibilities), whether they are casual or permanent, notice given, workplace needs, and any entitlements in the relevant award or enterprise agreement.

Best practice is to set expectations in the Employment Contract and give as much notice as you can. Clear language about public holidays and rostering reduces confusion and helps you act fairly and consistently.

Penalty Rates And Alternatives

• Penalty rates: Most modern awards specify higher pay for hours worked on a public holiday. Check the classification, rate and any minimum engagement period that applies. You can find a plain‑English explainer in our guide to penalty rates.
• Substituted time off: Some awards or agreements allow a substituted day off or time off in lieu (TOIL) instead of some or all penalty rates, if certain conditions are met (such as a written agreement).
• Enterprise agreements: If you have an enterprise agreement, confirm how public holiday entitlements are handled and ensure the agreement still operates lawfully alongside the National Employment Standards (NES).

Awards, Rostering And Notice

Rostering on a public holiday should align with the applicable modern award or enterprise agreement. Two practical points often help:

• Identify the correct instrument: Make sure you’re using the right award classification and loadings. If you’re unsure, seek award compliance support or review your modern awards obligations.
• Give reasonable notice: Some awards include rules around roster changes or minimum notice for public holiday shifts. As a general risk management step, try to finalise Anzac Day rosters early. If plans change, be mindful of any minimum notice for shift changes that could apply to your workforce.

Policies, Record-Keeping And Communication

Alongside contracts and awards, clear policies help your team understand how public holidays are handled in your business. A tailored Workplace Policy can set expectations around availability, rostering priorities, TOIL, and how to request leave for Dawn Services or family commitments.

Accurate records are essential. Track hours worked, penalty rates applied, TOIL accrual and any substitutions. This isn’t just good practice-it’s often a compliance requirement under workplace laws.

Paying Staff Correctly On Anzac Day

Pay outcomes depend on the instrument that covers your staff and whether they actually worked on the day.

• If the business is closed and permanent staff are absent: Permanent employees are usually entitled to be absent without loss of pay on a public holiday they would normally work (subject to the NES and any award or agreement terms).
• If an employee works: Apply the applicable public holiday penalty rate for the classification and role. Confirm any minimum engagement period (e.g. a 3‑hour minimum).
• Superannuation and OTE: Consider how payments on public holidays interact with ordinary time earnings (OTE) for superannuation purposes under your instrument and the Superannuation Guarantee rules. If you’re unsure, review your approach to ordinary time earnings and get payroll advice where needed.
• Substituted days/TOIL: If you’re offering a substituted day off or TOIL, ensure the arrangement is documented in line with the applicable award or agreement and your internal policy.

Remember: even if your shop is restricted from opening to the public in the morning, public holiday entitlements still apply to any work performed (for example, prep work before opening or essential back‑of‑house duties).

Practical Steps To Stay Compliant This Anzac Day

Here’s a simple, actionable plan to prepare your business and your team.

1) Confirm Whether You Can Trade (And When)

• Identify if you’re a large or non‑exempt shop under your state or territory’s legislation.
• Check local rules for your specific trading precinct (CBDs, tourist zones and regional areas can differ).
• Note the time trading is permitted (e.g. 1:00 pm in many jurisdictions; around noon in others) and align staff rostering accordingly.

2) Lock In Your Workforce Settings Early

• Decide whether you intend to open and, if so, your trading hours for the day.
• Communicate early with your team about who may be asked to work and why, and invite staff to flag any personal circumstances (e.g. Dawn Service attendance).
• Make sure your Employment Contracts and Workplace Policies clearly deal with public holidays, TOIL and roster changes.

3) Check The Right Pay And Entitlements

• Confirm the correct award or enterprise agreement, the public holiday rate, and any minimum engagement.
• If you’re swapping penalty rates for TOIL (where permitted), put it in writing and keep records consistent with your policy and the award.
• Ensure payroll settings reflect the public holiday treatment for OTE and super where applicable.

4) Keep Clear Records

• Capture the roster, hours worked, pay rates applied and any substitution or TOIL details.
• Retain evidence of reasonableness for any request to work (e.g. notice to staff, business rationale, accommodations offered).

5) Plan For The Human Side

• Allow flexibility where you can-many teams value the chance to attend Dawn Services or community events.
• Publish your holiday trading hours on your website and in‑store to manage customer expectations.

Which Legal Documents Help You Manage Anzac Day Smoothly?

You don’t need stacks of paperwork-but the right handful of documents will prevent most issues before they start.

• Employment Contract: Sets expectations about public holiday work, penalty rates, TOIL options, minimum engagement and rostering. A tailored Employment Contract helps avoid confusion.
• Workplace Policy: Explains your rules for public holiday availability, how you assess reasonable requests/refusals, and how TOIL is accrued and taken. See Workplace Policy.
• Award/Agreement Summary: A plain‑English summary for managers capturing the key public holiday rates, minimums and roster change requirements under the applicable instrument.
• Roster And Payroll Procedures: Simple checklists to verify correct rates, OTE treatment, TOIL records and approval flows before pays are finalised.

If you’re uncertain about classification or rates, get guidance on modern awards or seek targeted award compliance support before Anzac Day-prevention is faster and far cheaper than fixing errors afterwards.

Key Takeaways

• Anzac Day is a public holiday with additional retail trading restrictions in many states and territories, often closing larger or non‑exempt shops until midday or 1:00 pm.
• Requests to work on a public holiday must be reasonable, and employees can reasonably refuse in some circumstances-build this into your planning and communications.
• Most awards provide public holiday penalty rates, and some allow a substituted day off or TOIL if certain conditions are met-document whatever you agree.
• Contracts, policies, accurate rosters and payroll records are your frontline tools for compliance and for respecting the significance of the day.
• If you’re unsure about your classification, opening time or the correct rate, check your local shop trading rules and the applicable workplace instrument before you roster.

If you’d like a consultation about Anzac Day trading and employment compliance for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.