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Fact Sheet
Statutory Holidays Amendment Bill 2009
� The Bill proposes an amendment to the Statutory Holidays Act 2000 ("the
Act") in relation to Anzac Day.
� In December 2000 new legislation replaced the Bank Holidays Act 1919
with a simple modern Statutory Holidays Act that defines the dates of
holidays within Tasmania.
� The Statutory Holidays Amendment Bill 2009 provides for a substitute
public holiday for Anzac Day when it falls on a Sunday or Easter Monday.
� The change in the legislation follows a decision by the Council for the
Australian Federation (CAF) on 12 September 2008, when all states and
territories agreed in principle to take steps to harmonise arrangements
across Australia for the provision of the Anzac Day holiday. The
recommendations were:
A substitute public holiday on the following Monday where Anzac
Day falls on a Sunday
A substitute public holiday on the Tuesday when Anzac Day falls
on Easter Monday in 2011
� Tasmania's in principle support was noted at that meeting as being
subject to consultation with business and industry. Key stakeholders,
including the RSL, TCCI, Unions Tasmania, local government and
government departments were consulted and saw no major issues with
the proposal.
� All other states and territories have now implemented the CAF
recommendation in relation to Sunday and are working toward
implementation of the substitute holiday for Easter Monday 2011.
� There will be no substitute holiday when Anzac Day falls on a Saturday
or a weekday. Arrangements are unchanged and the holiday will be on
the day it falls.
� There will be an additional weekday public holiday in Tasmania, on
average, every 11 years with the first holiday occurring on Monday
26 April 2010.
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� No provision has been made in 2011 for an extra holiday for those
employees who would normally receive a Bank Holiday on Easter
Tuesday (eg bank employees, state public servants and those covered
under some awards).
� Anzac Day is a day of remembrance to honour those who served and
particularly those who died serving Australia in times of conflict. It is
appropriate that Anzac Day continue to be commemorated on 25 April
and not on the substitute holiday.
� Currently the Shop Trading Hours Act 1984 provides trading restrictions
for the major retailers on both Anzac Day and Easter Sunday. The
proposal will have no effect on that Act. It lists restrictions for Anzac
Day itself and this would stay the same but would not influence the
substitute holiday.
� An amendment to the legislation would mean that Sunday 25 April would
be a normal Sunday for award purposes (eg double time) and therefore
the holiday Monday may attract penalty rates (eg double time and a half).
Penalty rates vary between awards and agreements.
� The amendment proposed by this Bill is a positive and practical outcome
that increases harmonisation of the Anzac Day holiday and brings
Tasmania in line with the rest of Australia.
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