Skip to content Skip to navigation. Anzac Day trading. A non-exempt shop will be considered open if it: is unlocked or open for public admission; or sells goods, seeks orders from, or delivers goods to customers. Restricted shop trading for Christmas Day only occurs on 25 December. The Mondayisation of a public holiday for an employee has no effect on shop trading restrictions.
Note that shop trading provisions allowing a bar, cafe or restaurant to open on restricted trading days to sell goods such as food, have no effect on the conditions for the sale and supply of alcohol on these days including Easter Sunday. The Sale and Supply of Alcohol Act continues to apply and premises selling and supplying alcohol such as bars, some cafes and restaurants must comply with it.
This means they are not permitted to sell alcohol on restricted trading days unless this is with a meal. Joyce owns a shop a supermarket and employs a large number of staff. Because she wants them to work on Easter Sunday, Joyce must notify the employees of their right to refuse to work at least four weeks and no earlier than eight weeks before Easter Sunday.
If they want to refuse to work, the employees need to notify Joyce no later than 14 days after they get their notices from her.
A Queenstown cafe will be open for business because of a historic exemption and wants one of its employees to help out on Easter Sunday. Historic exemptions that were made under the Shop Trading Hours Act remain valid; therefore a shop covered by an exemption, can still open on Easter Sunday even in a district without a local policy. Shop employees now have the right to refuse to work on Easter Sunday and therefore the employer must notify the employee of this right at least four weeks and no earlier than eight weeks before Easter Sunday.
If they do want to refuse, the employee has to notify the employer no later than 14 days after they get the notice from the employer. Geri works in a service station and her employer Greg asks her to work on Easter Sunday. Six weeks before Easter Sunday, Greg gives Geri notice that she can refuse to work.
Two days later, Geri gives a notice to Greg saying that she is refusing to work on Easter Sunday. Greg is treating Geri adversely because of her refusal to work on Easter Sunday and Geri successfully brings a personal grievance claim against Greg. Five weeks before Easter Sunday Hilary was emailed by her employer at the dairy where she works, asking her to work on Easter Sunday.
This email also notified Hilary of her right to refuse work on Easter Sunday. Easter Sunday is not a public holiday so Hilary will be paid her usual pay for working on a Sunday unless Hilary and her employer agree to a greater rate of pay for this day.
Hilary will not get an alternative holiday, because Easter Sunday is not a public holiday. Linda work in a plastics factory assembling goods. Lyn and Tony work for Keith who runs the local dairy. They both have set days and hours. The local supermarket will be closed in the morning due to restricted shop trading, and Keith thinks it will be a busy day so he asks Lyn if she can help out Tony and come into work.
Because of this, if Lyn works on the Sunday, she will receive her normal pay for working a Sunday and will not get an alternative holiday. She still gets Monday off on full pay because her ANZAC Day is Mondayised or if she works on Monday, she will be paid time and a half for the hours worked and will get an alternative holiday.
Tony normally works on a Sunday so ANZAC Day is not Mondayised and he receives his eight hours pay at time and a half for working Sunday and also receives an alternative holiday. The restricted shop trading days have no effect on Mondayisation. Hana also works for Fiona, but only on Saturday and Sunday. This year Christmas Day falls on a Saturday. Fiona can open the shop on Monday 27th December. This means that Isobel has Monday the 27th December as her Christmas Day public holiday and she will have a paid day off work on Monday.
If Isobel works on the Monday, she will be paid time and a half and will be entitled to an alternative holiday because Christmas Day is Mondayised for her. Employers can use our template letter as a guide when informing employees of their right to refuse work on Easter Sunday. Restricted shop trading days There are three and a half days each year when almost all shops are required to be closed.
Shops that can open There are three types of shops which can open on restricted trading days: Shops that can open with conditions and provided they meet certain conditions Shops that can open because of an area exemption Shops that can open on Easter Sunday because the local territorial authority has adopted a local Easter Sunday shop trading policy.
All other businesses must apply for an exemption to open on any of the restricted days other than Boxing Day. Small shops can open on a restricted trading day without applying for an exemption and are free from the requirement that staff only work if they want to.
Small shops are generally defined as employing four or fewer staff whether working at the same time or different times , and with no more than two owners who share in the shop's profits. A full definition of 'small shop' is outlined in section 8 of the Retail Trading Act. Other business types that are exempted are listed in Schedule 1 of the Retail Trading Act Retailers need to supply all the required information when submitting an exemption to trade application otherwise the application process could be delayed including:.
Retailers need to submit an exemption to trade application form 72kb PDF, If a retailer has more than one store location they are seeking an exemption for, they will need to provide supporting information based on each individual location. We provide a minimum of 14 days from the date of publication for public comment. Fair Trading must consider any public comment received during the minimum 14 day period.
Once the Secretary has made a decision regarding an application, the decision showing an order granting an exemption, and the reasons for any decision to grant or not grant an exemption will be published on our website as soon as practicable once a decision has been made. If an application is declined, applicants can appeal the decision by requesting an internal review by Fair Trading within 28 days of the published outcome. The review will be completed by an officer not involved with the original assessment and will consider:.
NCAT generally considers appeals that have first gone through the internal review process. Staff must freely choose to work and cannot be coerced, harassed, threatened or intimidated to work on a restricted trading day. A staff member being rostered to work on a restricted trading day does not mean they have freely elected to work. If none of the staff volunteer to work on a restricted trading day, casuals may then be recruited to fill any shortfall.
If an employee previously agreed to work and no longer wishes to work on a restricted trading day they cannot be forced to. Small shops are exempt from 'freely elect to work' requirements. If an employee believes their employer has unfairly treated them after refusing to work or has any other employment related questions they should contact the Fair Work Ombudsman.
If a tenancy agreement contains a clause requiring a retailer to open a store on a restricted trading day it is overridden by the Retail Trading Act For further information on which award applies or other employment matters, visit the Fair Work Ombudsman's website. Unless the retailer is exempt, they must not allow any employee to conduct any activities related to trading such as packing shelves, unloading trucks or preparing goods for sale regardless of whether or not the employee volunteered to work on a restricted trading day.
Businesses operating under a hotel or small bar licence where liquor is sold with a meal and consumed in the dining area on the licensed premises or trading in certain Local Government Areas and those classified as small shops are exempt from requirements to remain closed on restricted trading days.
All other liquor traders are required to remain closed on restricted trading days. Takeaway liquor stores must comply with both the Retail Trading Act and the Liquor Act in relation to restricted trading days and trading hours.
Banks can open their retail branches on the August Bank Holiday which falls on the 1 st week of August and all public holidays other than Good Friday, Easter Sunday, before 1pm on ANZAC Day and Christmas Day without having to seek an exemption, provided staff have freely elected to work on that day.
Banks must apply in writing using the Fair Trading Bank Close Day application form for an exemption to open on Saturdays and Sundays and may be granted approval if it is in the public interest. For further details, refer to the Retail Trading Act section 14f or view the Factsheet: Weekend trading by banks. Financial institutions, such as a credit union, do not need to apply to Fair Trading for an exemption to trade on a Bank Holiday and can open if:.
The following decision has been made by the Treasury Secretary under Schedule 2, part 2, clause 2 3 of the Retail Trading Act Trading on public holidays.
Information for specific industries Employment placement services. Entertainment industry. Fire safety practitioners. Fitness services. Funeral industry. Market stall holders. Motor dealers Personal properties security for motor dealers.
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