State-by-state Anzac Day retail trading hours - Appliance Retailer

Unless exempted, it is an offence under the Retail Trading Act to trade or advertise to trade on a restricted trading day. Shops that are small shops or a Schedule 1 exempt shop within the meaning of the Act may be permitted to trade on any restricted trading day.

All shops may be permitted to trade on Boxing Day provided staff freely elect to work on that day. In addition, a shop may open if it had an exemption granted under section 78A or 89B of the Shops and Industries Act allowing that shop to open on that restricted trading day and that exemption was still in force on 1 July Shops which are not otherwise exempt may only trade on a restricted day if an exemption has been granted under section 10 of the Act.

The Act identifies a list of Schedule 1 Exempt Shops that are exempted from these provisions. Retailers operating in locations which were exempted from public holiday restrictions under the former section 89B of the Shops and Industries Act are also exempted from the Retail Trading Act and therefore do not need to apply for a separate exemption.

In addition to those listed exempted shops, a small shop that falls with the definition of the Act is also exempted from the requirements to remain closed. If the owner of a shop is a corporation, or a Director of a corporation and is engaged in another business, then it fails to comply with the definition of a small shop. The Retail Trading Act clearly identifies that any employee of a shop exempted to trade on a restricted day must freely elect to work without any coercion, harassment, threat or intimidation by or on behalf of the shop owner.

Merely rostering a person to work on the day does not mean that they have freely elected to work. Accordingly, retailers that wish to open on restricted trading days should take care to ensure they comply with the voluntary staffing provisions.

If you require further information on your workplace rights under the Fair Work Act you should call the Fair Work Ombudsman on 13 13 94 or seek legal advice. Whether adverse action, discrimination or bullying has occurred will depend upon the particular facts of each case.

If you wish to know more about your obligations under the Liquor Act you should contact the Office of Liquor, Gaming and Racing on Tel: Trading hour restrictions for packaged liquor stores are included in the Retail Trading Act and in the Liquor Act Liquor stores must comply with both sets of laws. Section 10 of the Act identifies that the Secretary may grant an exemption to a shop enabling it to trade on restricted days.

In dealing with any application for an exemption, the Secretary must not grant an exemption for a shop unless the Secretary is satisfied that there are exceptional circumstances of the case and that it is in the public interest to grant the exemption.

An application must be submitted on the approved form pdf 90Kb and word versions. All completed applications must be returned to: An application seeking an exemption to trade on a restricted day must be made no later than 28 days before the restricted day falling that the exemption is being made for.

Any application received within 28 days of the restricted day will not be considered for that day. Applications will need to clearly identify the restricted day the application applies to, the duration of the exemption being sought and the proposed trading hours being sought for the restricted day. Applications can only be made by the occupier of the shop, may be made in respect of more than one shop and can only be for current stores.

Applications cannot be made for future stores.

During this 14 day period, public comment is invited regarding any application received by the Department. An applicant or any other person who considers themselves to have a sufficient interest in any decision, whether approved or refused, is able to apply to the Administrative Decisions Tribunal to have the decision reviewed. The Administrative Decisions Tribunal is not required to review a decision if it is not satisfied that the person has sufficient interest in the application for an exemption.

Any provision of a lease is void to the extent where there is a requirement that the occupier of a shop keep the shop open on any restricted day.

This includes either agreement or arrangement between the occupier of the shop and owner of the premises in which the shop is located, or if the occupier is a sub-lessee, between the occupier and the lessee.

Inspectors, for the purpose of investigation any contravention of the Act, have the authority to require a shop occupier to produce for inspection any records indicating hours worked by employees, business receipts and any other information required concerning the operation of a shop at particular times.

Easter and Anzac Day Retail Trading in NSW. Review of Boxing Day Trading. Retail Trading in NSW. Boxing Day Factsheet. Retail Trading - Factsheet.

Retail Trading - FAQs. Retail Trading Amendment Boxing Day webinar. Retail trading on unrestricted days. Completing and submitting the application form. Building and Construction Industry.

Anzac Day opening hours for Woolworths, Coles and other shops revealed | Daily Mail Online

Voluntary staffing arrangements on a restricted day. Take away liquor stores. Deemed refusal of an application. Reviews by the Administrative Decisions Tribunal.

Public holidays in Australia - Wikipedia

Retail Trading Act , Schedule 1, Exempt Shops. Bazaars, fairs or markets if the bazaars, fairs or markets are conducted for charitable or public fundraising purpose. Public Sector IR Circulars.