ANZAC Day Trading Rules Are Changing: Here’s What NSW Businesses Need to Know
With ANZAC Day approaching, small business owners in NSW need to be aware of new trading restrictions coming into effect this year. Recent changes to the law will limit trading hours for some businesses and require others to close entirely unless they have a valid exemption.
What’s changing?
Under the Retail Trading Amendment (ANZAC Day Trading Hours) Act 2024, there are now stricter rules for non-exempt retail businesses operating on ANZAC Day.
The key changes include:
- Non-exempt retail shops can no longer trade after 1 pm on ANZAC Day (25 April).
- Some businesses that were previously allowed to open on ANZAC Day will now need to close for the entire day unless they qualify for an exemption.
Who can still trade?
The changes mainly affect larger retail businesses. However, several types of businesses are exempt from these rules and can continue to trade as usual. These include:
- Small shops — businesses with up to four employees and no more than two owners.
- Exempt businesses, such as:
- Florists
- Cafes, restaurants, and takeaway food outlets
- Newsagencies
- Petrol stations
- Pharmacies
- Vehicle service centres
- Shops operating at sporting venues or charitable events.
If you’re unsure whether your business is affected or believe you have exceptional circumstances that justify staying open, you can apply for an exemption through NSW Fair Trading.
What does this mean for employers?
Even if your business is allowed to trade, it’s essential to make sure your employees are being paid correctly for working on a public holiday. Public holiday penalty rates apply under most awards, and failing to apply the correct rates can lead to compliance breaches.
It’s also important to communicate any changes to trading hours with your employees well in advance, particularly if they are rostered to work on ANZAC Day.
Get expert advice when you need it
If you’re unsure how to apply penalty rates, manage employee entitlements, or interpret how the new trading rules apply to your business, our Workplace Advice Line can help.
Our team of HR and workplace relations experts take over 26,000 calls each year from businesses like yours, helping employers navigate issues such as public holiday pay rates. Whether you need quick clarification or tailored guidance on a specific situation, you can access practical, reliable advice to help you make compliant decisions.
If you’re a My Business member, you can also claim one complimentary call to the Advice Line, giving you direct access to expert support at no cost.
Next steps for your business
To stay compliant and avoid disruption this ANZAC Day, we recommend you:
1. Check if your business is exempt: Visit NSW Fair Trading to confirm your trading status.
2. Update your trading hours: If you need to close early or close for the full day, communicate this with your team and customers in advance.
3. Review payroll and staffing: Make sure public holiday penalty rates are applied correctly and rosters reflect any changes to your operating hours.
4. Apply for exemptions if needed: If your business has exceptional circumstances, submit an exemption request as soon as possible.
5. Seek advice if needed: The Workplace Advice Line is available to help with award interpretation, pay rates, and rostering questions to help you stay compliant.
Stay informed
With ANZAC Day just around the corner, understanding and acting on these changes will help your business remain compliant and avoid penalties. For more information, visit the NSW Fair Trading website, and if you need tailored advice, contact the Workplace Advice Line for expert support.