ANZAC Day and Easter weekend trading rules
20 February, 2025
As we approach the upcoming public holidays, it’s crucial for small business owners to understand the operational rules and employee entitlements that come into play. Here's a quick rundown of the key changes affecting your business this ANZAC Day and during the Easter break.
Changes to ANZAC Day restrictions
This year, there is a significant update to the operating restrictions for certain businesses on ANZAC Day. The changes affect premises that are used wholly or predominantly for the retail sale of goods and that do not have access to a relevant exemption.
The changes do not apply to other industries or businesses, though you should also consider your lease agreement as well as requirements for rostering and payment of staff.
Under the Retail Trading Amendment (ANZAC Day Trading Hours) Act 2024, ‘non-exempt’ retail shops are no longer allowed to open after 1pm on ANZAC Day, and some businesses previously able to open will need to remain closed for the entire day.
Local Government Area exemptions do not apply on ANZAC Day.
In order for retail shops to trade on ANZAC Day, you will need to meet one of the below exemptions.
ANZAC Day
Businesses that are able to open on ANZAC Day include:
- Businesses not listed in the Retail Trading Act (i.e. businesses other than shops, hotels, etc.); or
- Businesses listed in schedule 1 of the Retail Trading Act (see below), irrespective of size, where employees have freely elected to work; or
- Small shop retailers. To qualify as a small shop retailer, you must not have more than 4 staff working on any given day throughout the year. If you meet this requirement, you may trade on ANZAC Day with no more than 4 staff plus up to 2 owners working. If you own more than one retail shop, you may not be eligible for the small shop exemption. There are specific conditions you must meet, so we recommend checking your eligibility with NSW Fair Trading, or
- A hotel licence or small bar licence; or
- Anyone with a section 10 exemption to trade, where employees have freely elected to work.
Businesses that need to remain closed on ANZAC Day include:
- Retail shops not listed in schedule 1 of the Retail Trading Act (see below) ;
- Retail shops that are not considered small shop retailers, as they have more than 4 staff plus 2 owners working on any day, or where an owner of the shop owns, or has an interest in, another shop;
- Retail shops that do not have a section 10 exemption to trade.
Easter Weekend
Businesses that are able to trade on Good Friday and Easter Sunday include:
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Businesses not listed in the Retail Trading Act (i.e. businesses other than shops, hotels, etc.)
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Businesses listed in schedule 1 of the Retail Trading Act (see below), irrespective of size, where employees have freely elected to work; or
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Small shop retailers. To qualify as a small shop retailer, you must not have more than 4 staff working on any given day throughout the year. If you meet this requirement, you may trade on Good Friday and Easter Sunday with no more than 4 staff plus up to 2 owners working. If you own more than one retail shop, you may not be eligible for the small shop exemption. There are specific conditions you must meet, so we recommend checking your eligibility with NSW Fair Trading or
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Businesses located in an exempted local government area
If you are unsure whether your business is covered by any of these exemptions, you should contact NSW Fair Trading on 13 32 20, or at this link. For both ANZAC Day and Easter weekend holidays, exempt shops include the following, listed under schedule 1 of the Retail Trading Act 2008:
- Bazaars, fairs or markets if the bazaars, fairs or markets are conducted for charitable or public fundraising purposes
- Book shops
- Cake and pastry shops
- Chemists shops
- Cooked provision shops
- Florists shops
- Fruit and vegetable shops
- Newsagencies
- Nurseries
- Pet shops
- Recorded music, video or DVD shops
- Restaurants, cafes or kiosks
- Seafood shops
- Shops ancillary to venues for playing sport or physical recreation
- Souvenir shops
- Take-away food and drink shops
- Tobacconists shops
- Vehicle shops, vehicle service centres or petrol stations
Small shops can trade as usual, including setting their own operating hours and requiring staff to work, without applying for an exemption.
Businesses that do not meet the definition of a ‘small shop’ may open on Easter public holidays only if they are located in an exempted LGA (though not on ANZAC Day).
Businesses outside an exempted LGA that do not qualify as small shops may only trade if they have received an exemption from NSW Fair Trading. Applications closed on 28 March 2025.
If you are exempt and able to trade, you should also consider whether your lease agreement allows you to trade – some shopping centres may be closed on these days and some leases may require you to cover extra costs for opening on these days.
Potential fines for not complying with the requirement to not trade on ANZAC Day or any other restricted day is $5,500.
Pay and conditions
With public holidays come specific pay entitlements. Be sure to check that you’re meeting your legal obligations under workplace laws, especially when it comes to penalty rates for employees working on public holidays. Not adhering to the correct rates can lead to compliance issues, so make sure your payroll systems are compliant.
Rostering
This Easter, consider the potential for employees request additional leave to supplement public holidays and have a plan to manage this within your business. Many employees are considering combining leave to maximise time off, such as by aligning annual leave with public holidays like Good Friday (April 18), Easter Monday (April 21), and ANZAC Day (April 25).
Plan to Avoid Surprises
With these important dates on the horizon, it’s a good time to review your business operations, holiday schedules, and payroll systems. Whether it’s adjusting your hours for ANZAC Day or managing leave, a little forward planning can go a long way in keeping your business running smoothly.