In response to a number of enquiries we have received seeking clarification regarding the Anzac Day public holidays we have summarised below the information we previously sent on 27 March 2020.

The questions relate to the treatment of Anzac Day in 2020 for those employees covered under the CFMEU EBA 2016-2018. Essentially, the Victorian Building Industry Disputes Panel (VBIDP) determined that Monday 27 April 2020 would be treated as a public holiday for those employees covered under the CFMEU EBA 2016-2018.

Accordingly, we advised the following position in relation to the Anzac Day holiday:

  • Saturday 25 April 2020 is the ANZAC Day public holiday (under clause 39 of the CFMEU EBA and the National Employment Standards); and
  • Monday 27 April 2020 is also treated as an additional public holiday for those covered by the CFMEU EBA 2016-2018, which means employees covered by this EBA are entitled to a day off without loss of pay at ordinary hours on this Monday.

Simply put, this means that under the CFMEU EBA 2016-2018, both the actual ANZAC Day (25 April) and the following Monday (27 April) are treated as public holidays in 2020.  If you have another agreement (such as the 2011-2015 CFMEU agreement) and that agreement does not incorporate an agreed 2020 RDO calendar which lists 27 April 2020 as a public holiday, your employees will be entitled to a public holiday only on 25 April 2020.

MBAV sought further advice from the Australian Building and Construction Commission (ABCC) on compliance with the Building Code 2016 in relation to the treatment of ANZAC day in the industry calendar.

The ABCC advised us that: “if it was the intention of the parties during bargaining to observe 27 April 2020 as a ‘day off’, then a [Building] code covered employer that gives effect to that provision by allowing a paid day off [on Monday 27 April 2020] will not breach section 10 of the Code”. (emphasis added)

That led to our advice that, unless  members intended a different position in bargaining their agreement, if they decide to treat Monday 27 April as a ‘day off’( even if not covered under the CFMEU EBA 2016-2018), this would be consistent with the text of the agreement (and intention of the negotiating parties) and, according to the ABCC’s advice, it would not breach section 10 of the Building Code.

Members seeking further clarification regarding the terms of their EBA and public holiday arrangements can contact our Industrial Relations team on (03) 9411 4555.

Click here to see the Amended Indicative Working Day Calendar template.