Navigating the quirks of Anzac Day law
Farmer Freddy sat down on Easter Sunday to review his staff rosters for the coming months.
Freddy saw that ANZAC Day this year falls on a Saturday, and wasn’t sure how this would affect his farmhands that he employs.
At that moment, his lawyer daughter, Pebbles, walked in. “Pebbles” said Farmer Freddy. “I have three farmhands, Jack, Jill and Johnny. Jack normally works on Saturdays, but not on Mondays. Jill doesn’t work on Saturdays, but she does work on Mondays. Johnny works both Saturdays and Mondays. ANZAC day is coming on 25 April 2015 which is a Saturday. I know that ANZAC day is “Mondayised” for my staff that don’t normally work that day, but I don’t know how that works.”
“Well”, said Pebbles, “Mondayisation means that if ANZAC day in practice falls on a Saturday or a Sunday and your employee wouldn’t otherwise be working that day, then, for them the holiday is observed on the following Monday.”
“That still makes no sense” said Freddy.
“That’s okay” said Pebbles, “This year, ANZAC day falls on a Saturday. Both Jack and Johnny ordinarily work Saturdays, so for them ANZAC day will be observed on the Saturday.”
“So for them it’s the same as it was before?” asked Freddy.
“That’s right” said Pebbles, “They would be entitled to the public holiday on Saturday. But if you require them to work on the Saturday then, just like before, you must pay them time and a half for their hours worked, plus give them an alternative day in lieu.
“Jane doesn’t work Saturdays. That means that for her the holiday will be observed on the Monday. Again, if you require her to work on the Monday then you have to pay her at time and a half and she receives a day in lieu.”
“Does Johnny get time and a half and day in lieu for Monday as well?” asked Freddy.
“No, everyone only gets one public holiday for ANZAC day. So Johnny would take the public holiday on the Saturday” said Pebbles.
“Right, thanks for that Pebbles. Now, what about those ANZAC biscuits?”
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