Andrew ThompsonANZAC Day 2026 falls on Saturday, April 25 — the 111th anniversary of the Gallipoli landings — and the ACT government confirmed this week that both April 25 and the substitute Monday, April 27, will be observed as public holidays. The decision, which reversed an earlier position, came after union pressure and highlights the complex interplay of veterans' commemorations, workers' rights, and employment law that many Australians navigate every year around this date.
Why the Public Holiday Confusion Matters This Year
ANZAC Day is one of Australia's most solemn national commemorations, with dawn services, marches, and memorials held across the country. When April 25 falls on a weekend, the rules around substitute public holidays vary by state and territory — and those differences have real legal and financial consequences for workers and employers.
For 2026, most states and territories will recognise Monday, April 27 as the substitute public holiday. However, the ACT government initially indicated it would not declare April 25 itself a public holiday. Following advocacy from the Shop, Distributive and Allied Employees' Association, which argued it was disrespectful to require workers to forego commemorative services, ACT reversed course. Both April 25 and April 27 are now confirmed as public holidays in the ACT, with NSW and WA following similar arrangements.
Your Rights as an Employee on ANZAC Day
The Fair Work Act 2009 and relevant state legislation set out the baseline rules, but the details depend on your award, enterprise agreement, or employment contract.
If you have the day off: Employees entitled to public holiday conditions under a modern award or enterprise agreement are entitled to be paid their ordinary rate of pay for the holiday, even if they do not work.
If you are asked to work: An employer can request that an employee work on a public holiday, but the request must be reasonable. Under section 114 of the Fair Work Act, employees may refuse an unreasonable request. Factors the Fair Work Commission considers when assessing reasonableness include: the nature of your work, whether the request was made with adequate notice, your personal circumstances, and the impact on you and your family.
Penalty rates for working on a public holiday: Most modern awards prescribe penalty rates of 225 to 250 percent of the ordinary rate for time worked on a public holiday, plus an additional paid day off in lieu. These rates vary by award — check the Fair Work Ombudsman's Pay and Conditions Tool for your specific award.
Casual employees: Casuals engaged for specific shifts are generally entitled to public holiday rates if rostered on. However, casuals who are not rostered on do not receive payment for the holiday itself.
Veterans and the Law: Rights Beyond the Day
ANZAC Day is also a moment when many veterans, serving members, and their families reflect on the legal protections and entitlements that apply to Australia's defence community throughout the year.
Veteran employment protections: The Australian Defence Force (ADF) Reserve and Cadets Act 1997 provides protections for reservists against adverse action related to their defence service. Employers cannot dismiss, demote, or otherwise disadvantage a reservist for undertaking ADF service. Violations can result in significant penalties and compensation orders.
Veterans' entitlements: The Department of Veterans' Affairs (DVA) administers compensation and rehabilitation for current and former ADF members under the Military Rehabilitation and Compensation Act 2004 (MRCA) and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988. Claims for service-related injury or illness must be lodged correctly to secure full entitlements — a process many veterans find complex without legal assistance.
Legal aid for veterans: South Australia's Legal Services Commission provides dedicated legal assistance to defence force personnel and veterans, including support for those who shared experiences with the Royal Commission into Defence and Veteran Suicide. Similar services exist in most states.
The word "ANZAC" is legally protected: Under the Protection of Word 'Anzac' Regulations 1920 (Cth), the use of the word "ANZAC" in connection with any trade, business, calling, or profession requires approval from the Minister for Veterans' Affairs. Unauthorised commercial use is a criminal offence. This law remains actively enforced.
What Employers Need to Know
For businesses operating on or around ANZAC Day, compliance with public holiday obligations is not optional.
Rostering: Any employee rostered to work on April 25 or April 27 (in applicable states) must receive public holiday conditions unless a valid written agreement provides otherwise. Blanket rosters that do not account for public holiday entitlements are a common compliance failure.
Payroll records: The Fair Work Act requires employers to keep accurate time and pay records. Errors in public holiday payments attract penalties of up to $16,500 per contravention for individuals and $82,500 per contravention for companies.
Good faith requests: The requirement that requests to work on public holidays be "reasonable" is assessed objectively. An employer who cannot demonstrate the operational need for staffing on a public holiday is vulnerable to an employee's lawful refusal.
According to the Fair Work Ombudsman's 2026 public holidays guidance, ANZAC Day is a public holiday in all states and territories, with substitute days applied where it falls on a weekend.
A Time to Reflect — and to Know Your Rights
ANZAC Day is a time to honour those who served and sacrificed. It is also a day when Australia's employment and veterans' rights framework comes into sharp focus. Whether you are an employee unsure about your entitlements for working on a public holiday, a reservist who needs to understand your job protections, or a veteran navigating a complex DVA claim, professional legal advice can make a significant difference.
If you have questions about your employment rights, veterans' entitlements, or any employment law matter, a qualified lawyer can help you understand your position clearly and act on it.
Disclaimer: This article provides general legal information only and does not constitute legal advice. Entitlements vary depending on your award, agreement, and state. Always seek professional advice for your specific circumstances.
