Anzac Day ignites feud over public service leave policy

Nationals MP Barnaby Joyce has ignited a feud with assistant public service minister Patrick Gorman over Anzac Day leave arrangements for the federal public service.

Under current arrangements, federal government employees can take time off in lieu of taking the day off on Australia Day, the King's Birthday and Anzac Day.

Joyce said in a statement this was a "deliberate attempt to dilute the importance of Anzac Day".

"Initially it had been assumed the federal government accidentally included Anzac Day when it made the same policy for other public holidays such as Australia Day and the King's Birthday. But the policy stands even after it was pointed out in parliament. So, it wasn't an accident," he said.

"Of course, there has always been a requirement for some commonwealth public servants to work on Anzac Day such as our federal police, border security, military and staff at the Australian War Memorial."

The currently flexible leave arrangements are the result of a Labor decision in 2023 that reversed a decision by the previous government to mandate public servants take nationally gazetted public holidays off.

Gorman hit back at the member for New England, telling The Canberra Times this was the restoration of a longstanding coalition policy.

"The member for New England knows that for nine years of the Coalition government, there was flexibility to substitute days," he said.

The Mandarin asked Australia's nine public service jurisdictions about their approach to public servants taking a holiday on April 25.

Responses are attributable to government spokespeople.

Federal

"Public holiday substitution terms in APS enterprise agreements have been in place for many years."

"The Fair Work Act 2009 allows substitution of a declared public holiday by agreement between an employer and employee where permitted under a term of an enterprise agreement. Most Australian Public Service (APS) enterprise agreements already contained provisions for APS employees to request substitution of a specific public holiday, by agreement between an employee and their manager or agency head, having regard to operational requirements. As a result of the recent completion of APS-wide bargaining, all APS agency enterprise agreements will soon include this term, which applies to all public holidays.

"The substitution of any public holiday is a matter for each APS agency and its employees in accordance with the terms of its enterprise agreement and the operational requirements of that agency. This includes consideration of whether there is sufficient or suitable work that may be undertaken by the employee on the public holiday and the impact on agency operations that a future day in lieu may have. Employees are generally aware of these provisions as they have been in place for many years and are not new.

"Employees observing public holidays are remunerated at their normal rate of pay only. Where an agency agrees that an employee may substitute a public holiday and allows the employee to work on the gazetted day, that employee is entitled to their normal rate of pay. Employees who are required to work on a public holiday due to normal rostering arrangements or the operational requirements of the agency are generally eligible for penalties for undertaking that work, in accordance with the terms provided for under the agency's enterprise agreement."

ACT

"Arrangements for the Anzac Day public holiday for the ACT public sector will follow arrangements for any other public holiday observed in the ACT."

"Under Fair Work legislation a modern award or an enterprise agreement may include terms to facilitate the agreement between an employer and employee to substitute a public holiday for another day.

"Arrangements to facilitate individual choice to substitute a public holiday for another day have been gradually implemented across the ACT Government public sector's employment framework from June 2023. Relevantly, ACT public sector staff, including Executives are able to substitute a day that would otherwise be a public holiday for another day under new core provisions (Section E10.6) of ACT public sector enterprise agreements 2023-2026. This includes the Anzac Day public holiday.

"Staff were alerted to new core provisions of the ACT public sector enterprise agreements 2023-2026 allowing for substitution of public holidays through the established whole of public sector channels, including email updates during January 2024. This included promoting the introduction of a convenient online form allowing staff to apply for substituted days.

"Where a worker in the ACT Government public sector accesses the public holiday substitution arrangements, the substituted day will be treated as the public holiday for that individual.

"Indicated above as gradually implemented from June 2023 with the commencement of new agreements."

New South Wales

"April 25 is a declared standard public holiday and is recognised as such throughout the NSW public sector."

"Consistent with the national approach, the NSW Public Holidays Act 2010 determines the date for the Anzac Day public holiday.

"State legislation provides that employees are entitled to be absent from duty on a public holiday unless the employee is required to attend for duty. For example, police officers.

"Public sector workers who are required to work on the public holiday are paid penalty rates according to their award.

"Government employers provide regular guidance to employees regarding their entitlements under the relevant industrial awards."

Queensland

"The Queensland Employment Standards, which apply to the public service, provide that an employee is entitled to be absent on a day that is a public holiday. However, an employer may request the employee work on a public holiday if the request is reasonable. Typically, public sector employees working in non-essential services will not be required to work on Anzac Day."

"Industrial instruments will set out the entitlements, for example penalty rates, with respect to public sector employees who are required to work on the public holiday.

"Work on Anzac Day is further regulated by the Trading Hours Act which requires professional offices to be closed for the whole of Anzac Day. Essential services, such as police and hospitals, are exempt from this requirement.

"These are long-standing industrial and trading arrangements. Public servants are informed via their internal communication channels. The current arrangements have been in place since 1999 when introduced into the Industrial Relations Act.

"Where an industrial instrument allows the employee to substitute a day for the Anzac Day public holiday there will be no penalty, rather the public holiday entitlements that would have applied to Anzac Day will apply to the substituted day."

South Australia

"In SA, Anzac Day is a prescribed public holiday. The majority of the SA public service will not be working, with the exception of some essential services. There is no provision to take an alternative day off."

Tasmania

"Thursday, April 25, 2024 (Anzac Day) is a national holiday and has been declared as a public holiday in accordance with the Statutory Holidays Act 2000 in Tasmania. It is noted that when Anzac Day falls on a Saturday or Sunday, no substitute or additional holiday is observed. The State Service Act 2000 provides that each declared public holiday is a holiday throughout the Tasmanian State Service. All Tasmanian State Service awards provide the entitlement to be absent on declared public holidays and be paid."

"If an employee is required to work by the employer there are penalty and overtime rates that apply to working on Anzac Day in accordance with the relevant award or agreement.

"The current arrangements have been in place since the declaration of the national holiday and have not changed for a significant period of time. There is no substitution in place available for Anzac Day."

Western Australia

"Anzac Day is a gazetted national public holiday - we're not aware of any confusion over this?"

Victoria and Northern Territory did not respond prior to publication