The Retail Trade Act also includes a list of 18 types of small businesses, such as bakeries, pet stores and restaurants, that are exempt from morning trade restrictions. Does your local council have a business policy for Easter Sundays that applies to you? If in doubt, contact your local authority (council). Opening a store on Easter Sunday in an area where there are no local guidelines (and no exemption from retail restrictions or the ability to open with conditions) violates physical commerce restrictions, even if they have followed proper procedure to notify employees that they have the right to refuse to work. Sometimes state and territory governments declare new exemptions under their relevant regulations to allow retailers to trade with overtime. It is up to store operators to determine if they meet the criteria. If your store is listed in the following table, you can open if your store qualifies. If your shop is not listed in the table, you must have a zone exemption to open or open on Easter Sunday under a local authority, otherwise you will not be able to open. If your shop is located on the premises of a trade show or exhibition, or if your shop sells souvenirs, be sure to contact us before you can open. The provisions of the restricted store do not apply to you in this case. Victorian law states that there are two and a half restricted trading days each year: exempt stores, with the exception of the independent retail store sub-category, have unlimited trading hours and are allowed to trade on Anzac Day. The store`s limited ANZAC Day bargaining will not take place until April 25.
Limited store trading for Christmas Day will not take place until December 25. Tony usually works on Sundays, so ANZAC Day is not Monday and he receives his salary from eight hours to an hour and a half of work on Sundays and also gets another public holiday. If Keith decided not to open on ANZAC Day, Tony would have a day off with his usual salary. The limited trading days of the shop have no effect on Monday processing. Linda works in a plastics factory and assembles goods. Her employment contract does not stipulate that she must work on public holidays, but she has agreed to work half a shift from 8:00 a.m. to 12:00 p.m. on ANZAC Day (Tuesday). ANZAC Day is a public holiday, so Linda receives leave of four hours of pay, an hour and a half for the hours she works, and a full day of alternative holidays (Tuesday is another working day for Linda). The restricted ANZAC Day trade regulations do not affect Linda`s (or Linda) employer because her employer is not a business.
A limited number of geographical areas, usually tourist resorts such as Taupo and Queenstown, are exempt from commercial restrictions on shops. Some stores in these areas may open on restricted days, but only if the exemption regulations allow it. Stores covered by land exemptions cannot change them and no new exemptions can be granted. Shops that do not fall into one of the exemption categories or are not located in an area where a local authority has established a local trade policy for Easter Sunday commit a criminal offence if they open and trade on restricted trading days. The “occupant” of the store is liable to a fine of up to $1,000. A store occupant includes: If you want your employees to work on ANZAC Day, Christmas Day or Good Friday, these are public holidays and you will have to pay employees who work at least an hour and a half for the hours worked, and if it is another working day for them, give them another holiday. Important Your request must be made at least 28 days before the restricted trading day. Lyn and Tony work for Keith, who runs the local dairy. Both have fixed days and times. Lyn works Monday to Friday and Tony works Saturday and Sunday from 8 a.m.
to 4 p.m. ANZAC Day falls on a Sunday. The local supermarket will be closed in the morning due to limited retail trade, and Keith thinks it`s going to be a busy day, so he asks Lyn if she can help Tony and come to work. Bank holiday Monday for an employee has no effect on retail restrictions. The trade restriction is not related to Monday and shops do not have to close twice. In the event that ANZAC Day or Christmas Day falls on a Saturday or Sunday, your shop must already be open at the time of your request. The exemption is granted only on condition that the transaction carried out on a limited trading day is carried out only by persons who have voluntarily chosen to work on that day. Hana usually works on Saturdays, so Christmas Day is not Monday for her. Fiona will not be able to open the store on Saturday, December 25 due to limited retail trade, so Hana will be free on Christmas Day with full pay. If Hana agrees to work a shift on Monday to help Fiona, she would only get her usual pay rate and wouldn`t get another day because her Christmas vacation was Saturday. You can open on your terms. If you want an employee to work that day, you can force them to work, they can accept, or if it`s in their employment contract, you can force them to do it.
If they work that day, you must pay employees at least an hour and a half for the hours worked, and if it is another working day for them, give them an alternative vacation. Fortunately, a number of SMEs fall into the exempt category, as the state classifies an exempt business as having 20 or fewer employees working at any given time during the restricted trading day, and a business where no more than 100 employees work in the seven days leading up to ANZAC Day. Lol These hours are your authorized hours. This means that you can open at any time as long as you do not work outside the allowed hours. Certain types of transactions are exempt from restricted trading days. They can open all year round whenever they want. The types of businesses that are exempt are: Lyn does not usually work on Sundays, so her ANZAC day is Monday and the benefits apply to Monday instead of Sunday, even if she works on Sunday. For this reason, if Lyn works on Sundays, she receives her regular salary for Sunday work and no other vacation period. She always gets Monday off with full pay because her ANZAC day is Monday (or if she works on Monday, she gets paid an hour and a half for the hours worked and gets another public holiday).
This is your final guide to understanding your allowed trading hours by state and territory in 2022. Visit the website of the Ministry of Economic Affairs, Innovation and Employment (external link) for general information on the changes made to the Easter Sunday shop trade in August 2016. There are three types of stores that can open on restricted trading days: Contact the National Retail Association`s policy team at 1800 RETAIL and we will be happy to help. The National Retail Association is a leader in trading hours reform, and we continue to work with governments in many states to strike an appropriate balance between the needs of shoppers, workers, small businesses, large retailers and shopping centres. You can find more information about our trading hours here. Your only restrictions on restricted in-store commerce in this case are following the correct process for your employees. Pharmacies, newsagents, bottle shops, cafes and restaurants, gas stations, truck stops and real estate agents are considered exempt from trade restrictions. Stores that are part of a large shopping complex and had fewer than 10 employees in March are also exempt. Visit the Business Victoria website for information on transactions on a statutory holiday or restricted trading day. In Western Australia, new trade restrictions introduced last year allow general retail outlets in the Perth metropolitan area to trade at any time between 8am and 6pm on Monday 26 April, the state`s replacement public holiday after ANZAC Day. ANZAC Day is fast approaching on Monday, April 25, bringing with it a number of trade restrictions and public holidays in the United States. Queensland also has a replacement public holiday on the Monday after ANZAC Day.
However, ANZAC Day trading restrictions do not apply. Note that retail regulations that allow a bar, café or restaurant to open on restricted trading days to sell products such as food do not affect the conditions for selling and delivering alcohol on those days (including Easter Sunday). The Sale and Supply of Liquor Act 2012 continues to apply and establishments that sell and supply alcohol (such as bars, some cafes and restaurants) must comply with it. This means that they are not allowed to sell alcohol on restricted trading days unless it is with a meal. More information on the Sale and Supply of Alcohol Act 2012 is available at Alcohol.org.nz (external link). You may need this exception if you operate a store and intend to open your store on a restricted trading day. A store is any space used for the retail sale of goods. Restricted trading days are: New South Wales follows the same general rules as Victoria and prevents companies from trading before 1pm on April 25.
Isobel works for Fiona in Fiona`s fashion store from Monday to Friday. Hana also works for Fiona, but only on Saturdays and Sundays. This year, Christmas Day falls on a Saturday. Fiona`s Fashions cannot open on December 25, as the store is always the calendar day of the holiday, in this case December 25, and is never Monday. Fiona will be able to open the store on Monday, December 27. All non-exempt trades must be closed on restricted trading days. Businesses of certain types are automatically excluded, such as hotels, bars, and some small shops. Other companies must apply for an exemption. A list of automatically exempt transactions is set out in Schedule 1 of the Act. If your business is not a store, the restrictions on in-store commerce do not apply to you.