On 3 February 2020, we notified members on the treatment of ANZAC day in 2020 under the CFMEU EBA 2016-2018.
Since then, we have been contacted by several members, as well as the parties involved in negotiating the industry agreement in 2016. From these discussions, it became evident that there were conflicting interpretations and views on the treatment of 27 April 2020 under the CFMEU EBA 2016-2018.
To seek clarity for our members, a dispute was lodged with the Victorian Building Industry Disputes Panel (VBIDP).
The VBIDP has now made a decision in relation to ANZAC day. It was determined that the calendars for 2020 and 2021 in Appendix D of the CFMEU EBA 2016-2018 are to be observed by the parties. This means that 27 April 2020 will be treated as a public holiday.
Accordingly, we have revised our position as follows:
- Saturday 25 April 2020 is the ANZAC Day public holiday (under the CFMEU EBA 2016-2018, and the National Employment Standards).
- Monday 27 April 2020 is also treated as a public holiday by the CFMEU EBA 2016-2018 and workers are entitled to a day off without loss of pay at ordinary hours.
ANZAC Day 2020
As previously advised, under clause 39 of the CFMEU EBA, ANZAC Day is commemorated on the day it falls, namely, Saturday 25 April 2020. This is consistent with the National Employment Standards in the Fair Work Act 2009. The industry calendar in the CFMEU EBA 2016-2018 provides for Monday 27 April 2020 to be observed as the ANZAC day public holiday.
These positions are not mutually exclusive. This means that in 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.
Building Code compliance
Given the complexities of this issue, MBAV sought advice from the 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)
Members are advised that, unless they intended a different position in bargaining their agreement, treating Monday 27 April as a ‘day off’ is 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 should contact our Industrial Relations team on (03) 9411 4555.
For those who aren’t covered by the CFMEU 2016-18 EBA, Monday 27 April is not a gazetted holiday and therefore should be treated as a normal work day.