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Every year on April 25th, Australians come together to commemorate Anzac Day – a significant public holiday that honours the service and sacrifice of our armed forces. For many businesses and employees, however, Anzac Day brings unique questions about work rights, opening hours, and your legal obligations. Whether you’re a small business owner wanting to operate on Anzac Day, or an employee scheduled to work, understanding how the law applies can help you stay compliant and avoid any costly missteps.
In this guide, we’ll walk you through everything you need to know about working on Anzac Day – clarifying key terms, explaining “restricted trading days,” addressing what’s legal or illegal, and outlining your responsibilities under Australian workplace law. We’ll also highlight the important legal documents and practical steps you should have in place to keep your business on the right side of the law.
Let’s break it all down so you can focus on what matters most – running your business smoothly and respecting this national day of remembrance.
What Does It Mean to Work on Anzac Day?
Anzac Day is one of a handful of restricted trading days in Australia. This means there are special rules – often stricter than for regular public holidays – about who can open for business, and under what conditions employees can be required to work.
So, what exactly counts as “working on Anzac Day”? Here’s what you need to know:
- For Businesses: Opening your shop, restaurant, or business premises, even if it’s just for a few hours.
- For Employees: Performing duties for your employer on Anzac Day, no matter if you’re in retail, hospitality, office work, or another sector.
Some states – like New South Wales and Victoria – enforce more restrictions than others. The law recognises the cultural importance of the day and aims to limit economic activity, particularly during the morning hours. Yet, with so many industries and exceptions, many business owners wonder: Is it illegal to open on Anzac Day? Is it illegal to work on Anzac Day? Or can anyone work if they want to?
Is It Legal or Illegal to Open or Work on Anzac Day in Australia?
This is one of the most common questions we hear at Sprintlaw, and the answer depends on both your type of business and your state or territory.
Restricted Trading Days and Their Impact
Anzac Day is a restricted trading day in several states, most notably New South Wales, Victoria, Queensland, and Western Australia. These are special public holidays with tighter rules than standard holidays like Labour Day.
On Anzac Day, many businesses cannot open at all until midday (12:00 pm), depending on local laws. This rule is especially strict for retail shops, supermarkets, major stores, and some service businesses in major shopping areas.
- NSW: Most retail shops must remain closed until 1pm, but essential services and small businesses may be exempt. For details, check the restricted trading days NSW guide.
- VIC: Similar restrictions – most retail can’t open before 1pm (with some exceptions for cafes, restaurants, petrol stations, etc.).
- QLD & WA: Rules vary by region and local council, but again, most large shops are restricted in the morning.
So, is it illegal to open on Anzac Day? If your business type is covered by restricted trading rules and you open before the allowed time, you may face fines or other penalties. However, if you meet the exemption criteria (for example, you run a small cafe, takeaway, or exempt shop) and follow the rules, opening is legal.
Is It Illegal for Employees to Work on Anzac Day?
In almost all industries, it’s not inherently illegal for someone to work on Anzac Day – but that doesn’t mean employees can be forced to work, or that standard work arrangements apply. Here’s where public holiday and employment award rules come in.
- Working is legal where businesses are permitted to open. However, employees have extra protections and entitlements when rostered on a public holiday, including Anzac Day.
- In most awards (and as per the Fair Work Act 2009), workers can refuse to work on a public holiday if they have “reasonable grounds.” Employers can only require work if the request is reasonable and employees cannot be penalised for refusing unreasonably.
- Penalty rates and alternative arrangements (like a substituted day off) often apply, depending on the Award or enterprise agreement.
For industries not affected by trading restrictions (think: some hospitality or essential services), working is permitted so long as employee rights are respected.
What Are Restricted Trading Days in NSW and Other States?
Restricted trading days are public holidays with specific rules restricting or limiting when and how businesses can trade. The rules stem from state government legislation, which means conditions vary around Australia.
Common Restricted Trading Day Rules Include:
- No trade before a certain time (usually midday or 1pm) on Anzac Day.
- Major stores, supermarkets, or chain stores are usually required to close, while smaller “exempt” businesses can operate (under strict definitions).
- Cafes, restaurants, takeaway food businesses, newsagents, pharmacies, and petrol stations are often exempt.
New South Wales is a good example: Anzac Day morning is a restricted period for retail. You can learn more about restricted trading days in NSW if you want to check your business type.
Outside of these categories, your business may require special permission from local authorities, or you may face penalties if you trade in breach of the law.
Employees’ Rights and Employer Obligations When Working Anzac Day
If you’re an employer, it’s critical to know your responsibilities for staff rostered on Anzac Day. Likewise, employees should be informed about their entitlements.
Can You Make Employees Work on Anzac Day?
- No one can be forced to work on a public holiday without “reasonable” grounds and proper procedures. Employees can reasonably refuse if, for example, they have parental responsibilities or religious observances.
- Employers must act reasonably: You can request an employee works, but the request and any refusal must both be reasonable. If in doubt, refer to our guide on working public holidays.
What Are the Pay Rates for Working on Anzac Day?
- Most awards and enterprise agreements specify penalty rates for public holiday work. That means employees are typically paid more than their base hourly rate, and these rates can differ by award.
- Some arrangements allow you to offer a substitute day off, or “time in lieu,” instead.
Always check the relevant modern Award or agreement for your industry, and ensure that your Employment Contracts reflect these entitlements.
Employee Obligations
If you are rostered and genuinely can’t work, you should notify your employer in advance, and be ready to provide a reasonable explanation. The key is open communication – most disputes arise where there’s a lack of clarity about rights and obligations.
Can You Refuse To Work On Anzac Day? Do People Actually Work?
In practice, many Australians do work on Anzac Day every year, particularly in the hospitality, emergency services, tourism, and transport sectors. But the law protects your right to refuse unreasonable requests.
- If an employer asks you to work, you have the right to refuse if it’s unreasonable (and vice versa).
- If you do agree to work, your employer must follow all relevant laws about pay, breaks, and workplace safety.
As a small business owner, be upfront with your team about their rights and about any obligations under your award or enterprise agreement. For employees – know your award and don’t be afraid to ask about your entitlements.
Want more on employee rights and public holidays? See our explainer on employee rights on public holidays in Australia.
What Legal Documents Should I Have to Manage Anzac Day Work?
To reduce the risk of disputes and keep your business protected, it helps to have clear legal agreements and policies in place before you roster staff for a public holiday like Anzac Day. Here are the key documents to consider:
- Employment Agreement: Clearly defines public holiday entitlements, penalty rates, requests to work, and how time in lieu will be managed. More on Employment Contracts.
- Workplace Policy: Outlines how your business handles public holidays, rostering, and time off. Transparent workplace policies help avoid confusion and disputes. See more about workplace policies.
- Payroll and Record-Keeping Policy: Ensures you’re documenting staff hours, penalty rates, and any substitutions or days off. Accurate records are vital for compliance.
- Modern Award or Enterprise Agreement: Most businesses must comply with a relevant award – which stipulates pay, rosters, and refusal rules for public holidays. Make sure you know which modern award (if any) your workers fall under.
Not every business needs every document above, but all should have at least a clear employment contract and basic payroll policy that aligns with Fair Work requirements.
What Are the Risks if You Breach Anzac Day Work Laws?
Failing to follow Anzac Day trading or work laws can expose your business to substantial risks:
- Fines: Trading or making staff work illegally can result in fines from state or territory authorities.
- Legal disputes: Employees could bring claims for breach of award or unlawful employment practices.
- Reputational harm: Failing to respect such a significant day can harm your business’s community reputation.
It’s critical to be proactive with compliance – not only to avoid penalties but to demonstrate that you take your workplace obligations seriously. For more on legal requirements for running a business in Australia, check out our full guide.
How Do You Prepare Your Business for Anzac Day Compliance?
For small and medium-sized businesses, a little planning goes a long way. Here’s a simple checklist to help you prepare:
- Check whether you’re affected by restricted trading rules in your state – and know any exemptions.
- Notify staff early of intended rosters, and communicate publicly about your hours via your website and signage.
- Review your award/enterprise agreement for rules about public holiday work, and update employee contracts if needed.
- Pay the correct rates and offer time in lieu where required.
- Document everything – keep clear records and update your workplace policies.
If you’re unsure what requirements apply, consult a legal expert to review your arrangements – prevention is far easier (and less expensive) than dealing with fines or workplace claims later.
Key Takeaways
- Opening or working on Anzac Day is subject to strict rules, especially for retail and hospitality businesses. Restricted trading applies in most states until noon or 1pm.
- Employees cannot be required to work on a public holiday unless the request is reasonable and their refusal is unreasonable – and they have a right to penalty rates or alternative arrangements.
- Failing to follow the rules (opening illegally or mishandling staff arrangements) can result in fines, legal disputes, and reputational risks for your business.
- Having clear Employment Agreements, Workplace Policies, and up-to-date payroll procedures will help you manage Anzac Day compliance with confidence.
- Know which restricted trading rules and award conditions apply to your business. When in doubt, seek legal advice early.
If you would like a consultation on your business’s workplace or trading compliance for Anzac Day (or any other public holiday), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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