Trading on public holidays in NSW

The Retail Trading Act 2008 (the Act) considers certain days as ‘restricted’ trading days, meaning many businesses cannot open unless they have an exemption from NSW Fair Trading.

Restricted trading days

The following days are restricted trading days:

• Good Friday
• Easter Sunday
• Anzac Day
• Christmas Day
• Boxing Day. 

Anzac Day

From 25 April 2025, retail shops must remain closed for the entirety of Anzac Day. Shops in local government areas previously allowed to open under the Shops and Industries Act 1962 must also close. Some exemptions for small shops and shops listed in Schedule 1 still apply.

Boxing Day

Under section 8A, a conditional exemption applies to Boxing Day. All shops are allowed to trade on Boxing Day provided employees freely elect to work. Employees working on Boxing Day may be entitled to penalty rates above their ordinary wages. For more information about penalty rates refer to the Fair Work Ombudsman.

Activities non-exempt shops cannot do on restricted trading days

A non-exempt shop must remain closed on restricted trading days. A shop is considered open if any of the following activities occur at the shop:

• Selling or offering goods for sale.
• Displaying goods for review.
• Delivering or making goods available for collection.
• Receiving or processing orders.
• Conducting stock taking.
• Receiving, unpacking or preparing goods for sale (for example, stocking shelves).

Businesses that can open on restricted trading days

Some businesses are allowed to open on restricted trading days, such as:

• chemists
• fruit and vegetable shops
• petrol stations
• small shops.

To open on a restricted trading day, a business or shop must qualify to be exempt as outlined in Schedule 1 of the Act. This includes:

• Businesses or shops using the Boxing Day exemption under section 8A. A shop can open on Boxing Day if all employees choose to work voluntarily.
• Small shops are ones that have 4 or fewer employees (working at the same time or different times on any given day), and no more than 2 owners who share profits. Small shops do not need to check if staff are working by choice. A full definition of 'small shop' is outlined in Section 8 of Act.
• Businesses or shops located in certain exempted local government areas. Note: Local government area exemptions do not apply to Anzac Day.
• Businesses with an existing Section 10 exemption to trade.
• Businesses with a hotel licence or small bar licence.
• Other exempt businesses listed in Schedule 1 the Act are allowed to open.

All other businesses must apply for an exemption to open on any of the restricted days other than Boxing Day.

Liquor traders and restricted trading days

Liquor traders must remain closed on restricted trading days. Takeaway liquor stores must follow both the Retail Trading Act 2008 and the Liquor Act 2007 regarding trading restrictions and hours.

For more information, contact Liquor and Gaming NSW or NSW Fair Trading by calling 13 32 20.

Worker rights on restricted trading days

Staff must freely choose to work on a restricted trading day. Employers cannot pressure, harass, threaten or intimidate staff into working.

• Being rostered to work does not mean they have freely elected to work.
• If no staff members volunteer, casual workers may be hired to cover the shortfall.
• Employees who previously agreed to work but later changed their mind cannot be forced to work.
• Small shops are exempt from the requirement that staff must freely elect to work.

Employers who coerce staff into working on a restricted trading day or public holiday, may face fines of up to $11,000 per employee.

If an employee believes they have been treated unfairly for refusing to work or has any other concerns, can contact the Fair Work Ombudsman.

Retailer rights on restricted trading days

• Landlords cannot force shopkeepers to open on a restricted trading day.
• A fine of up to $22,000 may apply if a landlord is found to have pressured a retailer to open.
• If a lease agreement requires a shop to open on a restricted trading day, the Retail Trading Act overrides it.

Unless exempt, retailers must not allow any employee to perform any activity related to trading such as:

• packing shelves
• unloading trucks, or
• preparing goods for sale.

These laws apply even if the employee volunteers to work on a restricted trading day.

For further information on workplace rights and awards, visit the Fair Work Ombudsman's website.

Banks and financial institutions trading rules

Banks trading on public holidays

Bank retail branches must be closed on:

• Good Friday
• Easter Sunday
• Anzac Day
• Christmas Day.

Banks may open their retail branches on the August Bank Holiday (first week of August) and all other public holidays, provided staff voluntarily choose to work.

Exemptions for weekend trading and restricted trading days falling on a weekend

To open on the weekend, banks must apply in writing using the Fair Trading Bank Close Day application form. Approval may be granted if it is in the public interest. However, banks approved for weekend trading must remain closed on restricted days that fall on a Saturday or Sunday, for example, Anzac Day or Easter Sunday.

For more details, refer to the Section 14E of the Act or the Fact sheet: Weekend trading by banks.

Financial Institutions and Bank Holidays

Credit unions and other financial institutions do not need to apply for an exemption to trade on a Bank Holiday. They may open if they meet one of the following conditions:

• staff voluntarily choose to work that day
• staff are given another day off in lieu of working the public holiday, or
• the institution has no more than 5 employees

NSW Fair Trading Inspectors

Inspectors can require a business to produce any records relating to the operation of a shop at a particular time, such as:

• worker timesheets
• business receipts, or
• any other relevant information.