With Easter rapidly approaching the NSW Industrial Relations' enquiry service has been receiving a number of enquiries about trading restrictions over that time. Here is a quick summary of the advice those callers receive.
The Retail Trading Act 2008 defines that Good Friday and Easter Sunday are restricted days. This means it is an offence under the Act for retail shops to trade on restricted days unless exempted. Service industries are not affected by these restrictions.
A retailer cannot trade on a restricted day unless:
For more details about a small shop and an exempt shop visit
#1 Please note Sydney Precinct Area is not an exempt local government area and the above outlined provisions apply.
The Retail Trading Act 2008 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.
However, voluntary staffing arrangements do not apply to small shops as defined under the Act.
Easter Saturday and Easter Monday are public holidays in NSW but are not restricted days.
To find out what public holiday penalties apply to those working over the Easter period contact the Fair Work Ombudsman on 13 13 94.
Other information available on the NSW IR website