general retail industry award 2010 employment relations

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EASTER Public Holiday Circular 2016

General Retail Industry Award 2010 Employment Relations

Australian Retailers Association

1300 368 041

www.retail.org.au

New South Wales

Public Holidays

In 2016, the following days are observed as public holidays in New South Wales over the Easter and

April period:

Public Holiday Date Observed

Good Friday Friday, 25 March

Easter Saturday Saturday, 26 March

Easter Sunday Sunday, 27 March

Easter Monday Monday, 28 March

Anzac Day Monday, 25 April

Trading Hours Restrictions

In New South Wales, shop trading hours are regulated by the Retail Trading Act 2008. The following

days are restricted trading days:

Good Friday;

Easter Sunday;

before 1pm on Anzac Day; and

Christmas Day.

Shops which are not small shops, exempt shops or have been granted an exemption under s10 of the

Retail Trading Act 2008 may not trade on the above days.

Small shops

Small shops are permitted to trade without restriction on public holidays.

Small shops are shops in which:

the number of people that own the shop does not exceed two (or one corporation), and the

owner or owners of the shop take the profits from the business;

the total number of employees engaged by a small shop does not exceed a total of four regular

employees, whether working at the same time or different times (not including the occupier/s,

any person engaged as emergency cover, or a person working outside the normal working

hours of a person engaged on a full-time basis); and

the owner is not a corporation or a director of a corporation which/who is engaged in another

business.

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Exempt stores

In addition to small shops, the following shops are exempt from the public holiday trading hours

restrictions:

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; and

vehicle shops, vehicle service centres or petrol stations.

Shops which are not otherwise exempt may only trade on restricted trading days if they have been

granted an exemption under section 10 of the Retail Trading Act 2008. If you wish to apply for an

exemption, please call the ARA Employment Relations team on 1300 368 041.

Employees of a shop which has been granted an exemption to trade on a restricted day must freely

elect to work without coercion, harassment, threat or intimidation by or on behalf of the employer.


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Victoria

Public Holidays

The following days are declared to be observed generally throughout Victoria in 2016 for the Easter

and April period:








There are two and a half restricted trading days each year in Victoria:

Good Friday;

Christmas Day; and

between 12.01 am and 1pm on ANZAC Day.

On these particular days, only exempt shops are permitted to open. Exempt shops

Exempt shops are businesses that meet the following criteria:

they have 20 or fewer persons employed in the shop at any time during a restricted trading

day; and

the number of persons employed by the business and its related entities is no more than 100

at any time during the 7 days immediately before the restricted trading day.

Exemptions to restricted trading days

Certain types of business are exempt from any restricted trading days. They can open whenever they

wish throughout the year. The types of business that are exempt are:

chemists;

petrol shops;

restaurants;

cafés;

takeaway outlets;

service providers; and

hire outlets (including video stores).


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Queensland

Public Holidays

In 2016, the following days are observed as public holidays in Queensland for the Easter and April

period:







The trading hours of shops in Queensland are regulated by way of the Trading (Allowable Hours) Act

1990 supported by the Trading (Allowable Hours) Regulation 2004 and various trading hours orders

made by the Queensland Industrial Relations Commission.

Restrictions on hours of trade will depend on the classification of shops and, if the shop is classified as

a non-exempt shop, where it is located. Shops are classified as:

exempt shops;

independent retail shops; or

non-exempt shops (also look to location).

Exempt shops

The trading hours of exempt shops are completely unrestricted. Exempt shops are those that sell certain

goods by retail that a reasonable person would expect to be sold or supplied in such shops. These

include:

antique shops;

aquariums and aquarium accessories shops;

art galleries;

arts and crafts shops;

bait and tackle shops;

book shops or newsagencies;

bread shops, cake shops or pastry shops;;

camping equipment shops;

chemists;

confectionery shops;


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cooked provisions shops (where the provisions are cooked or heated on the premises

immediately before sale);

delicatessens;

fish shops;

flower shops;

fruit and or vegetable shops;

funeral director's premises;

hair salons, beauty salons or barber shops;

ice-cream parlours;

licensed premises within the meaning of the Liquor Act or Wine Industry Act;

marine shops;

milk bars;

plant nurseries or shops for selling garden plants and shrubs, seeds, garden and landscaping

supplies or equipment and associated products;

pet shops;

photographic shops;

premises which are licensed under the Second-Hand Dealers and Pawnbrokers Act;

restaurants, cafés or refreshment shops;

service stations;

shops for selling motor vehicle spare parts and/or motor cycle parts;

shops of a class declared by a regulation to be a class of exempt shop;

soap shops;

souvenir shops;

sporting goods shops;

temperance beverages shops;

tobacconists;

toy shops;

veterinary supplies shops; and

video cassette shops (blank or pre-recorded).

Independent retail shops

Independent retail shops are required to remain closed throughout the whole of Good Friday and 25

December (Christmas Day). They are also to remain closed until 1.00pm on 25 April (Anzac Day).

However, independent retail shops that are predominantly food and/or grocery shops are allowed to

open on these days.

A business is an independent retail shop if:

the business is run by an individual, partnership or a proprietary company (does not include a

related body corporate); and

the number of people engaged at any one time in the shop (including the owner) is not more

than 20; and

the number of people engaged by the owner of the business in all shops throughout the state

is not more than 60 at any one time; and

the business is not conducted within a non-exempt shop; and


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the shop is not an exempt shop, office, a shop selling wholly or partly wholesale products or a

shop selling motor vehicles or caravans or stalls in a market.

A non-exempt shop

Non-exempt shops cannot trade on Good Friday and Anzac day (25 April).

Easter Saturday Trading is between 8am and 6pm for the following areas: South-East Queensland Area, Inner City of Brisbane (excluding the Area of New Farm of Inner City of Brisbane), City Heart of Inner City of Brisbane, Area of City Heart of Inner City of Brisbane (Supermarkets) and the Gold Coast and Sunshine Coast Areas.

Additionally, non-exempt shops in the South-East Queensland Area must close on Easter

Sunday. Please refer to the table below for Easter Sunday restrictions.

Sunday and Public Holiday Trading The table below sets out trading hours restrictions throughout Queensland on Sundays and Public Holidays:

Area Sunday Public Holiday

South East Queensland

(this area extends north to

Noosa, south to Coolangatta

and west to Amberley and

includes the Sunshine Coast

Area, the

Brisbane Statistical Division, the

town of Beaudesert and the

Gold Coast Area).

9am to 6pm

9am to 6pm (8am to 6pm on Easter Saturday)

Must remain closed on Good Friday, Easter

Sunday and 25 April (Anzac Day)

Area of City Heart of Inner City

Brisbane 9am to 6pm

9am to 6pm



Area of New Farm of Inner City

of Brisbane

7.00am to

9.00pm

7am to 9pm

Must remain closed on Good Friday and 25

April (Anzac Day)


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Area Sunday Public Holiday

Cairns Tourist Area, Townsville

Tourist Area, Mossman and Port

Douglas Tourist Area,

Whitsunday Shire Tourist Area,

Hervey Bay Area, Moranbah

Area, Cooloola Cove Area , City

of Rockhampton Area, City of

Toowoomba, Mackay Area,

Innisfail Area, Fraser Coast

Area, Emerald Area, The

Biloela Area, Bundaberg Area,

Gympie Area, Tablelands Area

and Gladstone Area.

9am to 6pm

8:30am to 5:30pm


April (Anzac Day)

Townsville and Thuringowa Area

(excluding the Townsville Tourist

Area)

11am to 6pm

8:30am to 5:30pm


April (Anzac Day)

Yeppoon Tourist Area

10.30am to

5.30pm

8:30am to 5:30pm


April (Anzac Day)

Tourist and/or Seaside Resorts Closed

8:30am to 5:30pm



Supermarkets located in the

town of Port Douglas

7am to 6pm

7am to 6pm



Supermarkets located in the

Gold Coast Coastal Tourist Area

8am to 8 pm

8am to 8pm


April (Anzac Day)

Supermarkets located in the in

Cairns CBD Area

9.00am to

9.00pm

8:30am to 5:30pm


April (Anzac Day)

Great Barrier Reef Wonderland

Complex

8.30am to

6.00pm

8:30am to 6:00pm


April (Anzac Day)

Remainder of the State of Queensland

Closed Closed


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South Australia

Public Holidays

In 2016, the following days are observed as public holidays in South Australia for the Easter and April

period:





Anzac Day holiday Monday, 25 April


In South Australia, shop trading hours are regulated by the Shop Trading Hours Act 1977.

Exempt shop

Exempt shops may trade without restriction. An exempt shop is a shop which:

has a floor area not exceeding 200 square metres and which does not adjoin a building used

as a storeroom with a floor area greater than one-half the floor area of the shop; or

sells foodstuffs (e.g. a supermarket) with a floor area not exceeding 400 square metres and

which does not adjoin a building used as a storeroom with a floor area greater than one-half

the floor area of the shop; or

any of the following shops (regardless of size):

o cafés, restaurants and take-away food;

o service stations, licensed under Section 17 of the Act, selling a range of goods

common to service stations which could include goods generally stocked by

convenience stores;

o hairdressers;

o shops in ten pin bowling alleys, squash centres and golf courses;

o antiques (other than coins or stamps);

o live fish and aquariums etc.;

o paintings and crafts;

o bookshops and newsagents;

o pharmacies;

o cosmetics;

o medical and surgical appliances;

o florists;

o non-alcoholic drinks, ice-cream, confectionery or light refreshments;

o pets and accessories;


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o plant nurseries;

o souvenirs;

o tobacconists;

o cash-and-carry wholesale warehouses;

o shops at horticultural or agricultural shows;

o short-term charitable, religious or benevolent sponsored shops;

o agricultural machinery;

o fine art, either by auction or on commission;

o caravans and/or trailers; or

o any shops that hire out goods rather than sell them (e.g. video hire, machinery hire

etc.).

Non-exempt Shop

Non-exempt shops are those that do not fit within the definition of exempt shops and which are located

in shopping districts.

Non-exempt shops in the Greater Adelaide Shopping District, the Glenelg Tourist Precinct or the

metropolitan area generally (but outside the Central Business District (CBD) Tourist Precinct):

can trade until 9.00 pm Mondays to Fridays, including part-day public holidays;

can trade until 5.00 pm on Saturdays, including Easter Saturday; and

can trade between 11.00 am and 5.00 pm on Sundays, excluding Easter Sunday; and

cannot trade on full-day public holidays, except for Easter Saturday.

Non-exempt shops in the Central Business District (CBD) Tourist Precinct :

can trade until 9.00 pm Mondays to Fridays, including part-day public holidays;

can trade until 5.00 pm on Saturdays, including Easter Saturday; and

can trade between 11.00 am and 5.00 pm on Sundays and all full-day public holidays (except

Good Friday, 25 December and before 12 noon on 25 April).

Non-exempt shops in Proclaimed Shopping Districts:

can trade until 6.00 pm on all weekdays except Thursday;

can trade until 9.00 pm on Thursdays including part-day public holidays; and

can trade until 5.00 pm on Saturdays (except Easter Saturday); and

cannot trade on Sundays or full-day public holidays.

Non-exempt stores which sell hardware and building materials, furniture, floor coverings or motor

vehicle parts and accessories and are located in the Greater Adelaide Shopping District or a Proclaimed

Shopping District:

can trade until 9.00 pm on weekdays, including part-day public holidays;

can trade until 5.00 pm on a Saturday, including Easter Saturday; and

can trade from 9.00 am to 5.00 pm on Sundays and full-day public holidays (except Good

Friday, 25 December and Anzac Day); and

can trade from 12.00 pm on Anzac Day.


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Shops outside the Greater Adelaide Shopping District

For shops which are not located in the Greater Adelaide Shopping District (Central Business District

(CBD) Tourist Precinct, the Glenelg Tourist Precinct and the metropolitan area generally) or a

Proclaimed Shopping District, the Shop Trading Hours Act 1977 does not apply. These shops can trade

whenever they want, including on all public holidays.


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1300 368 041

www.retail.org.au

Tasmania

Public Holidays

In 2016, the following days are observed as public holidays in Tasmania for the Easter and April

period:





Local Public Holidays

In addition to the above holidays, a number of local public holidays apply in Tasmania. For example,

certain workers in government service in Tasmania are entitled to an additional Easter Tuesday public

holiday. A list of these local public holidays can be found at:

http://worksafe.tas.gov.au/laws/public_holidays/public_holidays_2016


In Tasmania shop trading hours are regulated by the Shop Trading Hours Act 1984.

Large retailers employing more than 250 employees or businesses that are part of a franchise

agreement (entered into or in existence before the commencement of the Shop Trading Hours

Amendment Act (No. 2) 1987.) must not keep their shop open at any time –

(a) on Good Friday; or

(b) before 12.30pm on Anzac Day.

There are no shop trading restrictions on other types of shops.


http://worksafe.tas.gov.au/laws/public_holidays/public_holidays_2016

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Western Australia

Public Holidays

In 2016, the following days are observed as public holidays in Western Australia for the Easter and

April period:




ANZAC Day Monday, 25 April


In Western Australia, shop trading hours are regulated by the Retail Trading Hours Act 1987, which

applies to shops located south of the 26th parallel of latitude.

Under the Act there are four types of shops for the purpose of trading regulations: small retail shops,

special retail shops, general retail shops and filling stations.

Small Retail Shops

Small retail shops may be open at any time.

A small retail shop is a shop which:

is owned by up to six people (or a body corporate with up to six shareholders);

is operated for the benefit of the persons mentioned above;

does not sell or provide motor vehicle goods or services;

does not have more than 25 employees (including the owners but excluding apprentices);

and

has a valid certificate certifying that it is a small retail shop.

Note that small retail shops must be certified as small shops to be labelled as such. If you wish to

trade as a Small Retail Shop you must apply for a certificate from the Department of Commerce.

Special Retail Shops

Special retail shops may trade between 6.00 am and 11.30 pm all year.

Special retail shops include:

newsagencies and bookshops;


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pharmacies;

garden nurseries;

hardware and home improvement shops;

video shops;

art and craft shops;

souvenir and duty free shops;

shops at sports venues;

marine craft shops;

motor vehicle spare parts shops; and

shops at international standard hotels.

Note that special retail shops must be certified as a special retail shop to be labelled as such. If you

wish to trade as a Special Retail Shop you must apply for a certificate from the Department of

Commerce.

General Retail Shops

A general retail shop is any shop that is not a small retail shop, a special retail shop or a filling station

(a business that sells motor fuel).

General retail shops cannot open on public holidays, subject to the exemptions detailed below.

Area Public Holiday

Perth Metropolitan Area (including former Rockingham Holiday Resort and Wanneroo Holiday Resort)

11.00 am to 5.00 pm Easter Monday and ANZAC Day: 8.00 am to 6.00 pm

Must remain closed on Christmas Day

City of Mandurah

Mon-Wed & Fri-Sat: 8.00 am to 6.00 pm Thurs: 8.00 am to 9.00 pm Sun: 10.00 am to 5.00 pm

Must remain closed on Good Friday, Christmas Day and Anzac Day

Bunbury 10.00 am to 4.00 pm

Must remain closed on Good Friday, Christmas Day and Anzac Day


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NOTE: Perth, Armadale, Fremantle, Joondalup and Midland special trading districts are now abolished

as of 26 August 2012.

Exceptions and Extensions:

Members should note that the trading hours legislation does not apply to shops located above the 26th

parallel of south latitude and does not cover restaurants, cafés or takeaway food shops, or retail shops

located in public passenger terminals or stations where public transport services are running.

Please also note that shops located outside the Perth Metropolitan Area and below the 26th parallel of

south latitude are subject to Shire rules and, in some cases, specific trading hours orders. Please

contact your local Shire for further information on trading hours over this period.


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Australian Capital Territory

Public Holidays

In 2016, the following days are observed as public holidays in the ACT for the Easter and April period:








Trading hours in the ACT are wholly deregulated and shops may open at any time, including on the

aforementioned public holidays.


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Northern Territory

Public Holidays

In 2016, the following days are observed as public holidays in the Northern Territory for the Easter

and April period:







Trading hours in the NT are wholly deregulated and shops may open at any time, including on public

holidays.


general retail industry award 2010 employment relations

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