Please note: this is an old article
It was published in April 2011, so the information may be out-of-date.
Greater Shepparton City Council Team Leader Business and Industry Geoff Hay said ANZAC Day falling within the Easter public holidays this year could create some confusion among businesses about trading restrictions and employees’ entitlements.
Mr Hay said public holidays in Victoria were prescribed by the new National Employment Standards (the NES), which forms part of the Fair Work Act 2009, Victoria’s Public Holidays Act 1993 and with other entitlements arising under the Act, including modern awards.
Public holidays gazetted by the Victorian Government for ANZAC and Easter are as follows:
- Good Friday Friday, April 22
- Saturday before Easter Sunday Saturday, April 23
- Easter Monday Monday, April 25
- ANZAC Day Tuesday, April 26 (substitute day)
Mr Hay said although the ANZAC Day public holiday was gazetted as Tuesday, April 26 this year, the ANZAC Day Act 1958 trading and other restrictions would apply on Monday, April 25 not April 26.
“Under the Act, cinema and entertainment restrictions apply on April 25 from one minute past midnight until 1pm and sporting events are prohibited unless the government's permission has been given,” he said.
“Equally, the Shop Trading Reform Act 1996 restricts large shops – defined as those with more than 20 employees – from opening until after 1pm on April 25.”
Mr Hay said modern awards (where applicable) and the NES also prescribe public holiday entitlements for employees.
“The NES allows for the gazettal of additional or substitute public holidays – such as the public holiday on April 26 for ANZAC Day - by State and Territory governments in addition to the basic statutory entitlement for everyone to 10 public holidays,” he said.
“Modern awards may include ‘supplementary’ terms related to entitlements arising under the NES and may prescribe on matters such as minimum engagement on a public holiday and on the relevant substitute day or public holiday allowances.”
Mr Hay said it was important employers referred to the relevant industrial instrument to ensure employee entitlements were met whether a modern award or enterprise agreement and/or a contract of employment
For more information about trading hours, phone Business Victoria on 13 22 15 or visit www.business.vic.gov.au