Blood-red poppies, a sprig of rosemary, dawn services, gunfire breakfasts and marches — this Thursday will see Australians and New Zealanders come together on Anzac Day to commemorate and pause to remember the men and women who have fought and served.
For all states and territories across Australia, Anzac Day is a public holiday and as the majority of Australian businesses know, with most public holidays comes important trading restrictions.
SmartCompany has put together a state-by-state guide to help business owners who may be wondering whether they can trade on Anzac Day or not, as well as what rights their employees have.
Lest we forget.
Pay rates
According to the Fair Work Ombudsman, employees should be given the choice whether to work on a public holiday or not and employers can request employees to work on a public holiday, within reason.
With the exception of casual workers, employees who normally work on the day the public holiday falls on will be paid their base pay.
Victoria
In Victoria, there are two-and-a-half restricted trading days each year where only exempt shops are permitted to open on these days under the Shop Trading Reform Act 1996.
This restriction applies on Anzac Day between 12.01am and 1.00pm and only specific shops such as chemists, petrol shops, restaurants, cafes and takeaway outlets can open on any of the restricted trading days.
The Act also confirms that if a shop has 20 or fewer employees in the shop at any time on a restricted trading day or the number of persons employed by the shop is no more than 100 at any time during the seven days before Anzac Day, this shop is also exempt.
Cinemas, whether indoors or outdoors, other entertainment such as live dance or music events, concerts or plays, or real estate auctions must not operate before 1.00pm on Anzac Day. Even if they are exempt from other restricted trading days.
According to the Anzac Day Act 1958, businesses that are factories or warehouses must be closed throughout Anzac Day, while businesses such as restaurants, cafes, bars, clubs and bottle shops might have more restrictions regarding late-night trading and supplying alcohol on restricted trading days.
New South Wales
In New South Wales, Anzac Day is a restricted trading day until 1pm under the Retail Trading Act 2008 and unless a business has obtained an exemption from NSW Fair Trading, they cannot open on any restricted trading days listed in the Act.
A non-exempt shop must remain closed on restricted trading days. However, some businesses such as chemists, fruit and vegetable shops, petrol stations and small shops are allowed to open and operate on these days.
Small shops, generally defined as employing four or fewer staff and no more than two owners who share in the shop’s profits, can open on a restricted trading day without applying for an exemption.
Last year the NSW Government announced that it would be undertaking a review of the current trading restrictions and whether retail trading laws in NSW should change.
Queensland
With Queensland preparing to observe Anzac Day on Thursday, business owners need to be aware that the trading hours for Anzac Day depend on the category of the retail shop.
Exempt shops, with the exception of independent retail shops, have unrestricted trading hours and may trade on Anzac Day, and non-exempt shops must remain closed on Anzac Day.
However, independent retail shops must remain closed until 1pm on Anzac Day, unless they are predominantly food or grocery stores that can trade without restrictions.
Offices, factories and shops must close on Anzac Day, with some exceptions.
Specific trading hour restrictions also apply for licensed premises.
Australian Capital Territory
There are no trading restrictions on businesses in the Australian Capital Territory, which means businesses are not required to close on Anzac Day and can open all day without limitations.
Northern Territory
Like the ACT, there are no trading restrictions for businesses in the Northern Territory on Anzac Day.
Western Australia
In Western Australia businesses are required to be closed on Anzac Day unless they fall into one of the exempt categories including small retail shops, special retail shops, service stations, or motor vehicle shops.
According to the Western Australian government, all shops are regarded as general retail shops unless they fall into the exempt category.
Small retail shops can trade 24 hours a day, while necessary special retail shops can trade from 6am to 11.30pm every day of the year.
Filling station trading hours are deregulated in all areas in WA, while the trading hours of restaurants, cafes, takeaway food shops and short-term markets are not covered by the Retail Trading Hours Act 1987 and do not have specified trading hours.
Tasmania
It’s an offence to open a shop before 12.30pm on Anzac Day in Tasmania according to the Anzac Day Observance Act 1929.
It is also an offence to require an employee to work on Anzac Day, or any other public holiday, without the employee’s written agreement.
The Anzac Day trading restrictions do not apply to shops approved for opening prior to 12.30pm, pharmacies, newsagents, bottle shops, cafes, restaurants, service stations, car yards and real estate agents.
Another exception is shops that are not part of a large shopping complex and the number of employees in the shop on any day in the month of March is not more than 10 people.
South Australia
In South Australia trading restrictions for retailers on Anzac Day are regulated by the Shop Trading Hours Act 1977 and Shop Trading Hours Regulations 2018, with restrictions depending on the location and size of the retailer and what they sell.
Businesses can check if they fall into this list of 25 categories of exempt businesses.
Shops that can trade between 12pm and 5pm on Anzac Day are non-exempt shops in the CBD and stores that fall into the hardware category.
Businesses operating in the metropolitan shopping district and Glenelg tourist precinct must close on Anzac Day, along with those in other proclaimed districts.