Members holding the CFMEU EBA 2016 – 2018 have raised concerns recently regarding inconsistencies between the working day calendar in the agreement and the gazetted public holidays for 2020.

Specifically, the CFMEU EBA calendar provides that Monday 27 April is to be observed as a public holiday for Anzac Day.

Members should note that Monday 27 April has not been gazetted as a public holiday by the Victorian State Government. The Business Victoria website states that “Anzac Day is commemorated on the day it falls. There is no replacement public holiday when Anzac Day falls on a weekend.”

Further, the CFMEU EBA 2016 – 2018 specifically provides that where any of the listed public holidays (including Anzac Day) is declared not to be a holiday in Victoria, they will no longer be public holidays under the relevant clause of the agreement.

As Monday 27 April has not been gazetted as a public holiday, employees are not entitled to a paid day off under the terms of the EBA or under the Fair Work Act.

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