ANZAC Day

Trading restriction

There are 3˝ days a year when shops are required to be closed. ANZAC Day is the half, with shops required to be closed until 1pm.

Unless a shop is specifically exempted, it is an offence to open before 1pm on ANZAC Day. Offenders are liable to prosecution and a $1,000 fine. Shops such as dairies, service stations, souvenir shops, duty free stores, stores selling food ready to be eaten, bookstalls at public passenger transport terminals, pharmacies, shops at genuine exhibitions and shows, may open. Other stores, (unless they hold a pre-existing area exemption order) must be closed.

Public holiday

ANZAC Day is also a public holiday – all day. The standard public holiday rules apply. That is, where a public holiday is observed on a day that would 'otherwise be a working day' for an employee, they are entitled to either:

• Have the day off and be paid the 'relevant daily pay' rate for the day; or
• If required to work, to be paid not less than time and a half for hours worked and also to be granted an alternative holiday on pay to be taken at a later time.

If an employee accepts work on a holiday that was not a normal working day for them, they are entitled to payment at time and a half for the hours worked but are not also entitled to an alternative day.

Shorter day?– Effect on pay

Where an employee would normally be working on Friday 25 April 2008 and, because of the shop trading restrictions, works a shorter shift on that day, you need to discuss this change of hours with the employee in advance.

A temporary change to the hours of work is typically a contractual matter between the parties and so depends on the terms and conditions contained in the employment agreement. If the agreement gives you the right to temporarily change the hours, or the employee agrees to the change, you need only pay the employee for the hours actually worked on the day. Because it is a public holiday you must pay at least time and a half for the hours worked. The employee will also be entitled to an alternative holiday to be taken later – no matter how short their day might be on ANZAC Day (see below).

If you don’t discuss the change of hours beforehand, there is a case to be made for the employee being entitled to time and a half for the hours actually worked plus ordinary time for the balance of the day they would otherwise ordinarily have worked, plus an alternative holiday.

This is because you, as employer, have an obligation to provide the employee with the contracted work for that day. If you don’t, and it was through no fault of the employee that they were unable to work their full shift, then there may be an obligation for you to pay wages for the balance of the usual shift.

It is important to discuss the shorter day beforehand.

Behind closed doors?

While you can’t trade before 1pm, this does not mean staff cannot work before 1pm. If you have other work that needs doing, perhaps a rearrangement of stock, stock-take, a catch-up on paper work, etc, you can if you wish, instead discuss with staff a temporary or partial change to their duties so they can carry out this work prior to 1pm.

They must do so though with the doors firmly closed and ‘Closed’ signs in place. It must be clear to the public that the store is closed. No trading may take place – including no sales to staff.

Again, you would need to look to the terms and conditions contained in the employment agreement and discuss any changes with staff. It may be that the agreement gives you the right to temporarily change the type of work being done or the employee might to a change.

Alternative holidays

Remember that if an employee is entitled to an alternative holiday by virtue of their having worked on a public holiday, this is a whole day off on pay, regardless of the hours actually worked on the public holiday. Whether the employee works two hours or eight hours on the public holiday is irrelevant: They are entitled to a whole day off on pay.

This will be something for you to consider when assessing the cost of your ANZAC Day trading. If you open after 1pm, the cheaper option will be to try to use staff who wouldn’t otherwise normally work on the day. Remember that while these staff can agree to work, you cannot require them to.