# Substitute Public Holiday — Anzac Day on Saturday 25 April 2026

## Short answer

No. There is no single, uniform national substitute public holiday on Monday 27 April 2026 that automatically applies to every employee across Australia. Whether a particular employee is entitled to that Monday as a public holiday depends primarily on the law of the state or territory where they work, and on what their applicable award or enterprise agreement provides.

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## Why there is no single national substitute

The **National Employment Standards (NES)** under the *Fair Work Act 2009* (Cth) do not themselves create a substitute Monday when a listed public holiday falls on a Saturday. Section 115 of the Act defines "public holiday" for NES purposes to include days that are public holidays **under the law of the relevant State or Territory**. The Act lists "25 April (Anzac Day)" as a public holiday, but when that day falls on a Saturday the Act does not, of its own force, shift the entitlement to Monday. It relies entirely on state or territory legislation to create any substituted day. The NES then imports whatever day the relevant jurisdiction declares.

The result is a patchwork of eight separate legislative sources, not one Commonwealth rule.

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## What each jurisdiction's legislation does

Every Australian state and territory has enacted provisions under its own public holidays legislation that treat a substitute weekday as the observed public holiday when a gazetted holiday falls on a Saturday or Sunday. For 2026 the position across jurisdictions is:

| Jurisdiction | Governing Act | Outcome for 27 April 2026 |
|---|---|---|
| **NSW** | *Public Holidays Act 2010* (NSW) s 4(1)(b) | Monday 27 April is the substitute public holiday for all employees working in NSW |
| **Victoria** | *Public Holidays Act 1993* (Vic) and associated Orders | Monday 27 April is the observed public holiday |
| **Queensland** | *Holidays Act 1983* (Qld) | Monday 27 April is the substitute public holiday |
| **South Australia** | *Holidays Act 1910* (SA) | Monday 27 April is observed as the holiday |
| **Tasmania** | *Statutory Holidays Act 2000* (Tas) | Monday 27 April is the substitute public holiday |
| **ACT** | *Holidays Act 1958* (ACT) | Monday 27 April is the substitute public holiday |
| **Northern Territory** | *Public Holidays Act 2013* (NT) | Monday 27 April is the substitute public holiday |
| **Western Australia** | *Public and Bank Holidays Act 1972* (WA) | Monday 27 April is the observed public holiday — but see the WA note below |

The practical result is that Monday 27 April 2026 **will** be a public holiday in all eight jurisdictions. However, the legal source, and therefore the precise scope of the entitlement, is different in each case.

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## The Western Australia complication

WA did not refer the full suite of industrial relations powers to the Commonwealth when the *Fair Work Act* commenced. This creates a split:

- **National system employees in WA** (most private-sector constitutional corporations) — their public holiday entitlement is governed by the *Fair Work Act*, but the definition of "public holiday" points to the *Public and Bank Holidays Act 1972* (WA). Monday 27 April arises as a public holiday through that WA Act.
- **WA state system employees** (many state government employees, local government, and non-constitutional-corporation employers) — their entitlement comes solely from WA state legislation and any applicable state award or agreement. The *Fair Work Act* does not apply to them at all.

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## Awards and enterprise agreements add another layer

Even where state/territory law creates the substitute Monday, the *terms* under which employees observe or work on that day are often set by the applicable modern award or enterprise agreement. These instruments can:

- Confirm the state/territory substitute day as the public holiday for the purposes of the instrument;
- Provide penalty rates (typically 225 % under many modern awards) for employees required to work on the substitute day;
- Allow the employer and employee to agree, under s 115(2) of the *Fair Work Act*, to **substitute a different day** by agreement, which would replace the Monday with an alternative day off entirely.

Where a registered enterprise agreement sets out its own public-holiday regime, its terms will generally apply rather than the NES minimum (provided they pass the better-off-overall test).

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## What the employee's answer turns on — summary

An employee's entitlement to Monday 27 April 2026 as a public holiday hinges on the following:

1. **Which state or territory they work in** — this determines which jurisdiction's public holiday legislation applies and whether it creates a substitute Monday (all currently do, but under different legislative authority).
2. **Whether they are in the national system or a state system** — particularly critical in WA, where a significant portion of the workforce is still covered by WA state industrial law.
3. **What their modern award or enterprise agreement says** — this governs pay rates, conditions, and any agreed substitution arrangements on or around the public holiday.
4. **Whether a substitution agreement under s 115(2) has been reached** — if the employer and employee have agreed to move the holiday to another day, that agreed day is the public holiday, not the Monday.

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## Practical takeaway for the payroll officer

Do not treat Monday 27 April 2026 as a single, automatic, nationally-uniform day off. Confirm, for each employee:

1. The state or territory in which they are based (determines the legislative source);
2. Whether they are national system or state system;
3. Their applicable award or enterprise agreement; and
4. Whether any substitution agreement under s 115(2) is in place.

For most employees in most of Australia the answer will be that Monday 27 April 2026 is indeed a public holiday, but the legal basis for that conclusion differs by jurisdiction and instrument — it does not flow from a single Commonwealth provision.