Application of NSW Public Holidays: Australia Day and Anzac Day 2020

What you need to know as an employer for the Australia Day and Anzac Day NSW Public Holidays in 2020.

Australia Day Public Holiday 2020

Returning to work following the string of public holidays can be difficult for many. Fortunately, we won’t have to wait long for the next public holiday as Australia Day is just around the corner!

With that in mind, it is important to be aware of how different public holidays in NSW are treated when they fall on a weekend.

Australia Day

Employers need to make a special note that this year, Australia Day falls on Sunday the 26th of January, 2020, which is on a weekend day. Therefore, the following Monday, 27th of January is observed as the public holiday.

Section 4 of the Public Holidays Act 2010 (the Act), declares what the standard public holidays are, and how they apply in NSW. More specifically, the Act advises of the following:

‘In NSW when Australia Day falls on a Saturday or Sunday, there is to be no public holiday on that day and instead the following Monday is declared a public holiday.’

This means that if you have employees in NSW who are working on Australia Day, (i.e Sunday 26th January 2020), you do not need to apply any public holiday penalties. You will however, need to apply public holiday penalties for those working on Monday 27th January 2020.

Anzac Day

Anzac Day can also often be confusing for both employers and employees. Anzac Day is celebrated on the 25th of April every year, regardless of which day it falls on. There is also no replacement public holiday for Anzac Day in NSW. Therefore, Saturday 25th April will be the public holiday this year for Anzac Day.

Other Public Holidays

New Year’s Day, Christmas Day and Boxing Day are again treated differently in NSW. When any of these public holidays fall on a Saturday or Sunday they will still be regarded as a public holiday and applied accordingly. However, there will also be an ‘Additional Day,’ which must also be treated as a public holiday. As an example, in 2020 Boxing Day will fall on a Saturday. Therefore, Saturday 26 December 2020 plus the ‘Additional Day’ on Monday 28 December 2020 will both attract the public holiday penalties in NSW.

With Australia Day less than two weeks away, we have created a summary of everything you need to know as an employer in NSW, in the lead up to the Australia Day public holiday!

Australia Day & Anzac Public Holiday Infographic

If you have any questions regarding the application of public holidays in NSW, or in any other state or territory across Australia, please contact one of our HR consultants today!

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