Retailers across the country are becoming more confused over this year’s Anzac Day trading laws, as the holiday is falling on a Saturday for the first time in 11 years.
SmartCompany has been inundated with emails and comments from frustrated business owners, asking what day their state observes the Anzac Day holiday and whether they need to pay workers penalty rates.
Most states are observing the public holiday on the Saturday and not the following Monday, and Anzac Day trading hours must be adhered to in most cases – but not all.
To avoid confusion, here is the definitive state-by-state SmartCompany guide to Anzac Day 2009.
Victoria: The Victorian Government’s official website states that Victoria will observe the Anzac Day holiday on Saturday, 25 April. There will be no public holiday on 27 April. According to the Victorian Employers’ Chamber of Commerce and Industry, staff must be paid penalty rates and non-exempt shops must be closed between midnight and 1pm.
Exempt outlets include those with less than 20 staff employed on the day, and less than 100 staff in total. Exempt shops also include bookshops, bread sellers, cafes, dry cleaners, newsagents, hairdressers and hardware stores.
New South Wales: The NSW Office of Industrial Relations says that the Anzac Day holiday will be observed on the Saturday, with no public holiday on the following Monday.
The Government has said that restricted trading hours apply, and that general shops may only trade after 1pm. This includes department stores, supermarkets, furniture, electrical, hardware, jewellery and clothing stores.
Exempt shops include small shops, take-away food shops, chemists, newsagencies and video shops.
Queensland: The Department of Employment and Industrial Relations states that the holiday will be held on Saturday, 25 April with no public holiday on the Monday.
Factories and shops are required to close except for exempt shops. Places of amusement including cinemas, amusement parks and sporting events may not open until after 1.30pm, while independent retail shops may open after 1pm.
Other businesses that may open include TAB agencies, real estate offices (only for the purpose of rental transactions) and those businesses dealing in printing newspapers, utilities such as gas and electricity, essential services and the manufacturing and preparation of food in restaurants and cafes.
South Australia: SafeWork SA says that the Anzac Day holiday will be held on Saturday 25 April, with no public holiday on the Monday.
Non-exempt shops are unable to trade, while shops in the retail of hardware and building materials, furniture, floor coverings and motor accessories must be closed until noon.
Exempt shops such as small shops, specialty stores and those not in “proclaimed shopping districts” are requested to remain voluntarily closed until noon.
Western Australia: Western Australia will observe the Anzac Day public holiday on Monday 27 April. General retail shops may trade on 27 April if they are in the Perth and Fremantle tourism precincts, in the Rockingham and Two Rocks holiday resorts, or in the metropolitan area – provided they have a permit.
Shops and shopping centres that are part of the Retail Traders’ Association, National Retail Association, Shopping Centre Council of Australia and Property Council do not need to apply for a permit. Other shops can apply for a permit through the Department of Commerce.
However, despite the public holiday falling on a Monday, Saturday the 25 April will remain a “closed day”. Shops must contact their local government authority to see if they may trade on the Saturday.
Australian Capital Territory: The Chief Minister’s Department of the ACT Government has announced that all residents will receive a public holiday on Monday, 27 April.
The ACT Chamber of Commerce and Industry says that while there are no official trading restrictions in place for Saturday 25th, many retailers and shops stay closed until noon or 1pm as a sign of respect.
Northern Territory: The Office of the Commissioner for Public Employment says the Anzac Day holiday will be observed on Saturday 25 April.
The Northern Territory Chamber of Commerce has said that while businesses must pay public holiday rates on Saturday 25th, there are no restrictions on trading hours and they can open at any time they wish.
Tasmania: Workplace Standards Australia says that the Anzac Day holiday will be observed on Saturday 25 April, with no public holiday on the Monday following.
According to the Shopping Centre Council of Australia, trading is banned before noon.
In the future?
While the 2009 Anzac Day public holiday this year may prove confusing for Anzac Day traders, a new agreement to be introduced next year will harmonise when public holidays are used when Anzac Day falls on a Sunday, such as next year.
The new agreement will also cover when Anzac Day falls on another traditional public holiday, such as 2011 when Anzac Day falls on Easter Monday. An extra public holiday will be added to the Easter long weekend as a result.
Patrick Stafford is a freelance journalist and a former deputy editor of SmartCompany.
