ANZAC Day trading rules have changed

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’s 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. 

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. 

Businesses classified as a ‘small shop’, those outside of retail or with special exemptions can still operate as usual. Exempt shops include: 

• 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 (employing up to four employees and with no more than two owners) can open on a restricted trading day without applying for an exemption. 

Businesses can also apply for an exemption from the restrictions if due to exceptional circumstances it is in the public interest for the shop to remain open. If your business is impacted or you need more details about exemptions, visit the NSW Fair Trading website for further clarification.  

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.