The Easter long weekend is now behind us. However, South Australian businesses must be aware that the upcoming ANZAC Day weekend does not have an additional public holiday on Monday.
1. The 2026 ANZAC Day Rule for South Australia
Unlike some other states (such as WA or NSW), South Australia does not have an additional public holiday on Monday, 27 April 2026.
- Saturday, 25 April 2026 (ANZAC Day): This is a public holiday in SA. Public holiday penalties will apply instead of weekend penalties.
- Monday, 27 April 2026: This is a standard business day in SA.
South Australia used to provide a public holiday on the Monday, but only if ANZAC Day fell on a Sunday. However, this was removed in 2023 when the 1910 version of the Public Holidays Act was replaced with the 2023 version.
2. Understanding “Reasonable Refusal” for ANZAC Day
Since ANZAC Day falls on a Saturday, you may have staff rostered who wish to attend dawn services or commemorative events or spend time with family.
It is important to remember the following if you want employees to work on public holidays. Under the Fair Work Act:
- An employee is entitled to be absent from work on a public holiday.
- An employer may reasonably request that an employee work on a public holiday.
- If requested to work, the employee can reasonably refuse.
- When assessing whether the request or refusal is reasonable, you must consider:
- The nature of the employer’s workplace and work performed by the employee.
- The employee’s personal circumstances, including family responsibilities.
- Whether the employee could reasonably expect that they might be requested to work on the public holiday.
- Whether the employee is entitled to compensation for, or receives remuneration that reflects an expectation of, work on the public holiday.
- The type of employment (e.g. full-time, part-time or shiftwork)
- The amount of notice given in requesting and refusing.
Important: a request must be made for the employee to work. They cannot be required to work without a request and an opportunity to reasonably refuse.
Also, remember that a casual employee can accept and reject shifts as a feature of their employment.
3. Work Health and Safety (WHS) & Fatigue Management
SafeWork SA emphasizes that the Work Health and Safety Act 2012 (SA) require employers to manage the risks of fatigue, especially during “compressed” work periods.
- After the Easter break, staff may be pushing to catch up on workloads. Monitor for signs of fatigue, particularly if you have employees working both their standard week and an ANZAC Day Saturday shift.
- Workers have a protected right to refuse unsafe work if they have a reasonable concern regarding a serious health or safety risk.
Action Plan for Businesses
- Confirm with your team that Monday, 27 April 2026, is a normal working day in South Australia to avoid absences.
- Consult your specific modern award(s) for public holiday penalty rates.
- Ensure annual leave is not deducted for any public holidays that fall during an employee’s period of leave.
If you need help with any of the above, contact our Workplace Relations Team or the Business Advice Hotline on 08 8300 0000 (Option #1).
