Andrew ThompsonANZAC Day 2026 falls on Saturday 25 April — and across Australia, millions of workers and employers are scrambling to understand what that means for public holiday pay, substitute holidays, and the right to refuse work. With penalty rates varying by state, award type, and employment category, workplace lawyers say confusion is rampant.
Why ANZAC Day 2026 Is Different
In most years, ANZAC Day falls on a weekday and the rules are straightforward. But when the 25th lands on a Saturday — as it does in 2026 — the rules become considerably more complex.
The short answer: ANZAC Day is still a public holiday in every state and territory, regardless of it being a Saturday. Every employee who works on 25 April is entitled to public holiday penalty rates. However, the question of a substitute weekday holiday — and the pay rules that follow — differs dramatically depending on where you live.
According to the Fair Work Ombudsman, the following arrangements apply in 2026:
- NSW, ACT, and WA: A substitute public holiday falls on Monday 27 April. Employees in these states who work on Monday 27 April are also entitled to public holiday penalty rates.
- Queensland, Victoria, Tasmania, NT, and South Australia: No substitute Monday public holiday. Monday 27 April is treated as an ordinary working day, with no penalty loading.
This state-by-state split has already generated legal disputes in previous years when ANZAC Day fell on a weekend, and employment lawyers expect the same in 2026.
What Are You Entitled to If You Work?
For employees who work on Saturday 25 April — the actual ANZAC Day public holiday — the national entitlements under the Fair Work Act apply regardless of state:
- Full-time and part-time employees are typically entitled to 200–250% of their base rate of pay (double time to double-time-and-a-half), depending on their Modern Award or enterprise agreement.
- Casual employees are typically entitled to 250–275% of their base rate, including casual loading.
- Employees who don't work on Saturday 25 April are entitled to their base rate of pay if it falls on a day they would normally work — that is, they cannot be financially penalised for the holiday.
For employees in NSW, ACT, and WA who work on substitute Monday 27 April, the same penalty rate framework applies to that day as well.
Can Your Employer Force You to Work?
This is the most contested question — and the answer matters. Under the Fair Work Act, employers cannot simply roster an employee to work on a public holiday without engaging the employee's agreement. Employers may make a "reasonable request" to work, but employees have a right to make a "reasonable refusal."
What makes a refusal "reasonable"? Employment lawyers point to several relevant factors:
- The nature of the work and whether it genuinely needs to be performed on a public holiday
- The employee's personal circumstances, including caring responsibilities or religious observance
- The amount of notice given by the employer
- Whether appropriate compensation (penalty rates or time off in lieu) is offered
"Many employers don't realise the threshold for a 'reasonable request' has real legal weight," says one employment lawyer. "Simply saying 'we're busy and we need you in' doesn't automatically clear the bar. Employees have genuine rights here, and those rights are enforceable."
Employers: What You Must Get Right
For business owners and HR managers, ANZAC Day 2026 creates several compliance obligations:
Check your Modern Award or enterprise agreement. Penalty rates, definitions of public holidays, and substitute holiday arrangements vary significantly between awards. Hospitality, retail, and healthcare awards, for example, have specific provisions that differ from general commercial rates.
Roster carefully for Victoria and Queensland. Employees in states without a substitute Monday public holiday cannot be promised double-time on 27 April — unless their award specifically provides for it. Overpaying may seem harmless, but it creates inconsistencies and can affect other employees' expectations.
Get agreement in writing. If you're asking employees to work on Saturday 25 April, document the arrangement clearly: hours, penalty rate, and whether there is any time-off-in-lieu alternative. Employment lawyers advise keeping records in the event of a dispute.
Don't dock pay for non-attendance. Penalising an employee for not working on a public holiday — where the day would have ordinarily been a workday — is a breach of the National Employment Standards and can expose employers to Fair Work claims.
When to Get Legal Advice
If you are an employee who has been told you must work without penalty pay, or an employer who is uncertain about your obligations under a specific award or enterprise agreement, specialist legal advice can resolve the issue quickly — and often prevents costly disputes later.
Employment lawyers caution that wage theft involving public holidays is one of the most common underpayment categories investigated by the Fair Work Ombudsman. In 2025, several high-profile restaurant and retail chains were penalised for systematic underpayment of public holiday rates.
ANZAC Day is one of the few occasions in the year when workers and employers genuinely need to understand their legal position — and 2026's Saturday date adds a layer of complexity that makes professional guidance more valuable than ever.
Whether you are unsure about your rights as an employee, or you run a business and want to get your obligations right, an employment lawyer can provide the clarity you need before the long weekend arrives.
Disclaimer: This article provides general legal information only and does not constitute legal advice. For advice specific to your situation, consult a qualified employment lawyer.
