Australia Day 2020: State-by-state trading hours and penalty rates

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Australia Day (January 26) falls on a Sunday this year, which means the following Monday (January 27) is earmarked as a national public holiday by the federal government.

Sunday itself will observe typical trading and workplace obligations, which we’ll detail below.

This arrangement is similar to 2019, when Australia Day fell on Saturday, leaving Monday marked as a public holiday.

Trading hours regulations differ by state, so check below to see which set of rules applies to your business.

Workplace obligations

Worker pay on public holidays and Sundays differs by industry and award. The best way to work out what your obligations are on any given day is to consult the Fair Work Ombudsman’s pay calculator (it’s free).

In general, most workers (whether casual, part-time or full-time) will be entitled to penalty rates on both Sunday and Monday, but the rate varies by award or your particular enterprise agreement.

Consult the FWO’s website, or your own workplace agreement.

Victoria

Businesses in Victoria aren’t subject to restricted trading hours on public holidays, including Monday, January 27.

Normal Sunday trading applies on January 26, which in Victoria is unrestricted.

New South Wales

Businesses in New South Wales aren’t subject to restricted trading hours on public holidays, including Monday, January 27.

Normal Sunday trading applies on January 26, which in NSW is unrestricted.

Queensland

Independent retailers and other exempt shops in Queensland aren’t subject to restricted trading hours on the Australia Day weekend, including Monday, January 27.

Normal Sunday trading applies on January 26, which in Queensland is unrestricted for independent retailers and other exempt shops.

Non-exempt shops, including large retailers and shops selling motor vehicles or caravans, vary across the state, split into four distinct regions. More detail on exact opening times and a full list of exempt shops is available on Business Queensland’s website.

South Australia

Here’s where things get a tad confusing. Trading hour laws depend on the location and size of your shop in South Australia.

Non-exempt shops located in SA’s proclaimed ‘CBD Tourist Precinct’ (a map is available here) are allowed to trade from 11am to 5pm on Sunday, January 26 and Monday, January 27.

Non-exempt shops in the ‘Metropolitan Shopping District’ (a list is available here) and the ‘Glenelg Tourist Precinct’ (a map is available here) aren’t allowed to open on the Monday, 27 January public holiday, but can trade from 11am to 5pm on Sunday, January 26.

A shop is non-exempt from trading restrictions if it is located in one of the above districts and has a shop with more than 200m² of retail floor area, or 400m² for grocery stores.

There’s also a long list of exempt shops, which covers everything from cafes to pharmacies; more details are available over at SafeWork South Australia’s website.

Western Australia

General retail shops located in Perth’s metropolitan area are allowed to trade from 8am to 6pm on Monday, 27 January.

Normal Sunday trading hours (11am to 5pm) apply for general retail shops in the Perth metropolitan area.

Restaurants, cafes, takeaway food shops, short-term markets and shops on Rottnest Island are not covered by trading hours laws in Western Australia.

Small and special retail shops, which carry a certificate handed out by the state government, aren’t subject to any restricted trading.

Tasmania

Businesses in Tasmania aren’t subject to restricted trading hours on public holidays, including Monday, January 27.

Normal Sunday trading applies on January 26, which in Tasmania is unrestricted.

Northern Territory

Businesses in the Northern Territory aren’t subject to restricted trading hours on public holidays, including Monday, January 27.

Normal Sunday trading applies on January 26, which in the Northern Territory is unrestricted.

Australian Capital Territory

Businesses in the ACT aren’t subject to restricted trading hours on public holidays, including Monday, January 27.

Normal Sunday trading applies on January 26, which in the ACT is unrestricted.

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