Trading on public holidays: Who can open?
While many businesses are required to close or limit their hours on public holidays, certain types of businesses are exempt from these rules. Restaurants, cafés, takeaway shops and hotels are generally permitted to trade, as are service stations, pharmacies and hardware stores. These are considered ‘exempt shops’ and typically have unrestricted trading hours, even on public holidays.
However, exemptions are not uniform across the country. In Victoria, for example, a shop may be allowed to trade on restricted days if it has 20 or fewer employees working at any one time. In South Australia, on the other hand, trading permissions may be based on the physical size of the shop. Since these rules are determined at the state or territory level, it is important for a business owner to check your state or territory’s trading legislation before opening on a public holiday.
You can refer to the following websites for official information on public holiday trading in each state and territory:
- Australian Capital Territory
- New South Wales
- Northern Territory
- Queensland
- South Australia
- Tasmania
- Victoria
- Western Australia
Some holidays come with additional restrictions. Good Friday is one such day, where even exempt businesses may be required to close. Anzac Day presents another challenge, as trading is often restricted until after midday. Businesses that serve alcohol must also comply with their state or territory’s laws on the sale and supply of liquor. To stay on the right side of the law (and protect your business’s reputation), it is a good idea to double-check requirements ahead of each holiday period.
Standard retail trading hours
For general retail businesses, especially those located in metropolitan areas, standard trading hours may apply on ordinary days and might be different for public holidays. Retailers need to be familiar with the reading hours requirements in their state or territory and comply with local legislation when trading on public holidays. Failing to observe these requirements can result in fines or other penalties, so it is important to be aware of what is permitted in your area.
Alcohol sales and service restrictions
Selling alcohol on public holidays, particularly Good Friday and Anzac Day, comes with its own set of rules. On Good Friday, retail outlets such as bottle shops are usually closed, as takeaway alcohol sales are prohibited. For hospitality venues, alcohol may only be served if it is accompanied by a meal. This means a guest can enjoy a glass of wine with lunch, but ordering a drink on its own is not allowed.
The hours during which alcohol can be served may also be restricted. In many jurisdictions, service is allowed only between midday and 10:00pm, although the exact times can differ by state or territory. In addition, special licences may apply to some businesses like microbreweries or nightclubs, but these are not standardised and need to be confirmed with local regulators.
Notably, on Anzac Day, many venues choose to delay alcohol service out of respect for morning commemorative services. Although this is not usually a legal requirement, it is a widely observed practice, especially by venues that host or support local remembrance events, such as the RSL.
Staff entitlements and public holiday pay
Employees who work on public holidays are usually entitled to additional pay and benefits, known as penalty rates. These entitlements may also include minimum shift lengths or substitute days off, if the business is covered by an enterprise agreement or award. Otherwise, the minimum provisions of the Fair Work Act 2009 apply.
The Fair Work Ombudsman’s public holiday calculator tool is a helpful resource for employers. It allows you to calculate what staff should be paid on public holidays based on your industry and each employee’s classification.
In some states and territories, only part of a day is considered a public holiday. South Australia, for example, considers Christmas Eve a public holiday from 7:00pm to midnight. In this case, only those hours attract penalty rates. Planning ahead with this in mind can help reduce unexpected payroll costs and ensure legal compliance.
Understanding which public holidays apply to your business
Public holidays are not consistent across the country. A day off in one state may be an ordinary workday in another, and employers need to be aware of the local differences. For example, Darwin Show Day is recognised only within Darwin, not in other parts of the Northern Territory. Similarly, Mossman and Port Douglas in Queensland have unique trading arrangements on public holidays that do not apply to the rest of the state.
Employers should also be mindful of employees who work across borders. If an employee is based in a different state from where the business operates, the public holiday observed by the business, not the employee’s residential location, usually applies. The same is true for remote workers. Unless otherwise agreed, the applicable holiday is determined by the operational location of the company. However, some flexibility is usually possible. Employers and employees may agree to take time off in lieu or use annual leave if an employee wishes to observe a holiday that does not apply in their work location.
It is also important to note that when a public holiday falls on a weekend, the ‘observed’ day may be shifted to the following Monday. For instance, if Anzac Day falls on a Sunday, the public holiday may be recognised on Monday instead. In these cases, different rules may apply to each day, especially regarding penalty rates and trading hours.
Public holiday dates for the current and following year can be found on the Fair Ombudsman’s public holidays webpage.
Can employees refuse to work on a public holiday?
Employees are generally entitled to decline work on a public holiday if they have reasonable grounds. These might include religious observance, personal commitments, or if the business does not usually operate on that day of the week. However, employers may request that staff work on a public holiday if the request itself is reasonable and the employee’s refusal is not.
To avoid disputes or confusion, employers best familiarise themselves with Fair Work’s guidance on public holiday work. It is good practice to confirm holiday rosters well in advance and clearly explain to employees any expected shifts or alternative arrangements on those days.
Preparing for public holidays
Opening a business on public holidays, especially on major national holidays like Good Friday or Anzac Day, requires careful planning. From trading hour restrictions to staff entitlements and alcohol service rules, employers need to navigate a range of obligations to stay compliant and uphold fair workplace practices.
Consulting local workplace legislation and using tools such as the Fair Work Ombudsman’s pay calculator helps employers meet all relevant requirements. With the right preparation, your business can manage public holiday obligations with confidence.
