Trading on public holidays in NSW

Retail shops must close on restricted trading days

The Retail Trading Act 2008 (the Act) considers certain days as ‘restricted’ trading days, meaning on these days most retail shops must remain closed.

A retail shop is a premise that is used wholly or predominantly for the retail sale of goods, and in or at which goods are sold or exposed or offered for sale by retail on one or more occasions. 

All retail shops are required to close on restricted trading days unless exempt.

Businesses that are not retail shops can remain open. 

Restricted trading days are:

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

Retail shops could be required to produce records to confirm whether they opened on a restricted trading day. This includes worker timesheets, business receipts, or any other relevant information. 

Anzac Day

In 2026 and 2027 Anzac Day falls on a weekend and there will be a public holiday on the following Monday. Anzac Day on 25 April is a restricted trading day. The public holiday on the following Monday is not a restricted trading day. This means the Act does not restrict retail shops from opening on the Monday public holiday in those years.

Christmas Day

The 25th of December is a restricted trading day. Where Christmas Day falls on a weekend, there is a public holiday on the following Monday. In those circumstances the public holiday is not a restricted trading day. This means the Act does not restrict retail shops from opening on those days.  

Boxing Day

All retail 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.

Some retail shops are exempt from closing

A retail shop is exempt from the requirement to close on restricted trading days if it is: 

• a small shop that has:
  • 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
  • the shop owners do not own more than one shop.
• located in certain exempted local government areas. Note: Local government area exemptions do not apply to Anzac Day.
• a shop with a hotel licence or small bar licence.
• a shop type outlined in Schedule 1 of the Act:
  • bazaars, fairs or markets if the bazaars, fairs or markets are conducted for charitable or public fundraising purposes
  • book shops
  • cake and pastry shops
  • chemists shops
  • cooked provision shops
  • florists shops
  • fruit and vegetable shops
  • newsagencies
  • nurseries
  • pet shops
  • recorded music, video or DVD shops
  • restaurants, cafes or kiosks
  • seafood shops
  • shops ancillary to venues for playing sport or physical recreation
  • souvenir shops
  • take-away food and drink shops
  • tobacconists shops
  • vehicle shops, vehicle service centres or petrol stations. 

Retail shops may be able to apply for an exemption

If a retail shop is not automatically exempt, they may be able to apply for an exemption from NSW Fair Trading to open on a restricted trading day but must satisfy a high threshold. 

To receive an exemption, the retail shop must demonstrate with supporting evidence that:

• exceptional circumstances exist, and
• it is in the public interest to open. 

Traders in the past have found it difficult to establish these grounds. For example, exceptional circumstances typically do not include being in a tourist destination, being the sole shop of a particular type within an area, or adverse economic impacts to the shop. 

All previous applications, decisions, and the reasons for the decisions are published on the Restricted trading day applications page. Retail shops considering applying for an exemption are encouraged to review previous decisions relating to similar shops for an indication of the likely outcome.

Please complete the Eligibility Check to help you decide if an application is required. Retail Trading on Restricted Trading Days - Eligibility Check

If you believe that you would satisfy this high threshold and wish to apply for an exemption, visit Applying to trade on a restricted day.
 

Retail worker rights under a trading exemption

A retail shop with an exemption to trade must not open unless staff freely choose to work on that day. 

Small shops, and shops with a hotel licence or small bar licence are exempt from the requirement that staff must freely elect to work.

Employers cannot pressure, harass, threaten or intimidate staff into working. Employers who coerce staff into working on a restricted trading day or public holiday may face fines of up to $11,000 per employee.

• Being rostered to work does not mean the staff member has freely elected to work. They must volunteer to work.
• If no staff members volunteer, employers can hire casual workers to cover the shortfall.
• If a staff members agreed to work but later changes their mind, they cannot be forced to work.

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.

Trading rules for liquor traders

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

For more information on trading restrictions for licensed premises, please contact Liquor & Gaming NSW.

Trading rules for banks and financial institutions

Bank retail branches must be closed on:

• Good Friday
• Easter Sunday
• Anzac Day
• Christmas Day
• Saturdays and Sundays.

Banks may open their retail branches on all other public holidays and the August Bank Holiday. However, staff must staff freely choose to work on those days. Refer to Not working on public holidays. 

Banks can apply for a weekend trading exemption 

Banks can apply for an exemption to open on Saturdays and Sundays. The application must demonstrate that it is in public interest for the retail branch to open.  

Banks approved for weekend trading must remain closed on restricted days that fall on a Saturday or Sunday. For example, if Anzac Day falls on a Saturday, a retail branch approved for Saturday trading must close.  For more details, refer to the Section 14E of the Act. 

Bank Holidays

Financial institutions (as defined by the Act) must remain closed on a Bank Holiday, unless any of the following apply: 

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