HR Insights | April 2024

Anzac Day is Thursday 25 April - here's what you need to know to be in compliance with employment and shop trading regulations:

On Anzac Day, employment and shop trading regulations vary. Shops cannot open until 1pm. However, there are some exceptions:

• Certain shops, including dairies, service stations, takeaway bars, restaurants, cafes, and souvenir stores, can open with conditions limiting the goods they can sell, according to the type of store they are.
• Pharmacies can open with no restrictions.
• Some shops have an area exemption, for example, tourist resorts.
• Some shops are covered by a city and district council trading policy.
• These rules only apply to businesses that are shops as covered by the Shop Trading Hours Act 1990. Other businesses can open during Anzac Day.

For employees who normally work each Thursday, staff are paid at the rate of relevant daily pay (RDP), except in two specific circumstances where an employer may choose to use average daily pay (ADP).

All Employees including casuals who work Anzac Day are entitled, regardless of whether it is otherwise a working day for the employee, the greater of RDP or ADP plus half that amount again. Permanent and fixed term employees are also entitled to an Alternative Holiday if they work a Public Holiday based on it being a day they normally work. 

Transferring a Public Holiday

Some employers and employees may want to take advantage of the ability to transfer the observance of Anzac Day to Friday so staff can enjoy a three-day weekend as provided for under the Holidays Act. This can only be done by agreement between the employer and employees. Any agreement reached must be in writing.

Transferring a public holiday means the day it is transferred to becomes the public holiday. This means Friday 26 April becomes the public holiday for the purposes of applying provisions such as time and a half for time worked and the provision of an alternative holiday if staff end up working on this day.

Transferring the observance of Anzac Day means Thursday April 25 becomes an ordinary or normal working day and get their normal pay for that day as they would for any other day worked that is not a public holiday.

Get more information on the MBIE page here.

If you need help navigating this or other employment law issues, ring our HR Advice Line at 0800 50 50 96 or email us.