It’s time! There is less than a week to go before Christmas. The Christmas trees are up, lights are brightening up the streets, local businesses are getting in on the festive spirit by decorating their shops and offices, and like everyone else, we are still ticking last-minute presents off our list.
Alongside delicious festive feasts, the Christmas and New Year period also comes with a bunch of public holidays and retail trading rules.
For businesses looking to prepare themselves for the holiday break, we recommend taking a moment to brush up on everything you need to know about public holidays, the restrictions on trading hours, which can vary from state to state, and determine whether you can open or not, as well as penalty rates that may apply.
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SmartCompany has put together a state-by-state guide to the Christmas and New Year trading period.
Public holiday penalty rates
The Fair Work Ombudsman states employees get paid at least their base pay rate for all hours worked on public holidays. Awards, enterprise agreements and other registered agreements can provide entitlements for working public holidays.
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Employers and employees can access the Ombudsman’s Pay Calculator for more information on pay rates.
Victoria
Victoria can look forward to three public holidays this festive season: Christmas Day (Thursday, December 25), Boxing Day (Friday, December 26), and New Year’s Day (Thursday, January 1).
In Victoria, Christmas Day is a restricted trading day under Victorian Law. The Shop Trading Reform Act 1996 states there are two-and-a-half restricted trading days each year, which are Good Friday, Christmas Day and Anzac Day (between 12.01am and 1.00pm). Shops are prohibited from trading on restricted trading days.
Only specific types of shops are permitted to open on restricted trading days, which are chemists, petrol shops, restaurants, cafes and takeaway outlets.
Shops that meet a particular size criteria are also exempt; these include shops that have 20 or fewer persons employed in the shop at any time on a restricted trading day. Or the number of persons employed by the shop and its related entities is no more than 100 at any time during the seven days immediately before the restricted trading day.
Businesses such as restaurants, cafes, bars, clubs and bottle shops might have more restrictions regarding late-night trading and supplying alcohol on restricted trading days. According to the Victorian Government, trading hours on New Year’s Eve can vary between liquor licences.
Earlier this year, the Victorian Gambling and Casino Control Commission (VGCCC) issued fines and censures totalling $58,000 to 12 clubs and hotels across Victoria for breaching permitted trading hours on Good Friday and Anzac Day.
Eleven venue operators were fined a total of $180,000 for breaching permitted hours on Good Friday and Anzac Day in 2024.
New South Wales
The public holidays in New South Wales are Christmas Day (Thursday, December 25), Boxing Day (Friday, December 26) and New Year’s Day (Thursday, January 1).
Under the Retail Trading Act 2008, New South Wales businesses cannot open unless they have an exemption from NSW Fair Trading. Both Christmas Day and Boxing Day are restricted trading days in the state.
Businesses that can open on restricted trading days include chemists, fruit and vegetable shops, petrol stations and small shops.
Under the Act, a conditional exemption applies to Boxing Day. Provided employees freely elect to work, all shops are allowed to trade on Boxing Day. Employees working on December 26 may be entitled to penalty rates above their ordinary wages.
To open on a restricted trading day, a business or shop must qualify to be exempt. This includes businesses or shops using the Boxing Day exemption, small shops that have four or fewer employees (working at the same time or different times on any given day), and no more than two owners who share profits and businesses in certain exempted local government areas.
This also includes businesses with an existing Section 10 exemption to trade, businesses with a hotel licence or small bar licence, or other exempt businesses listed in Schedule 1 of the Act.
A non-exempt shop must remain closed on restricted trading days.
Staff must freely choose to work on a restricted trading day.
Australian Capital Territory
Christmas Day (Thursday, December 25), Boxing Day (Friday, December 26), and New Year’s Day (Thursday, January 1) are public holidays in the Australian Capital Territory.
Trading hours are deregulated in the ACT, which gives businesses the option to choose when to trade.
Queensland
Queensland is gearing up for public holidays on Christmas Day (Thursday, December 25), Boxing Day (Friday, December 26) and New Year’s Day (Thursday, January 1).
From 2019, the Holidays Act 1983 also provides for a part-time public holiday from 6pm to midnight on Christmas Eve (December 24).
In Queensland, special trading hours arrangements apply for retail shops over the Christmas period each year and whether a shop can open or not depends on the category of the shop.
Extended trading hours apply to areas throughout Queensland for the three Sundays before December 18 and from December 18-24 each year.
In the Trading (Allowable Hours) Act 1990, exempt shops include chemists, fruit and vegetable shops, service stations and newsagents’ shops. Exempt shops, with the exception of the sub-category of independent retail shops, have unrestricted trading hours and may trade during the Christmas period.
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Independent retail shops generally have unrestricted trading hours and can trade during the Christmas period, but must remain closed on Christmas Day, except if they are a predominantly food and/or grocery store, which can trade without restriction.
Queensland liquor licensees are issued with approved trading hours, and for most licensees, ordinary trading hours are from 10am to midnight. However, the trading hours on your licence don’t apply to Christmas Day and New Year’s Eve as there are special requirements on these holidays.
Under the state’s Liquor Act 1992, there are extra restrictions in place for Christmas, and on New Year’s Eve, trading hours are determined by the Act.
Northern Territory
As well as the public holidays on Christmas Day (Thursday, December 25), Boxing Day (Friday, December 26) and New Year’s Day (Thursday, January 1), the Northern Territory also marks Christmas Eve, from 7pm to midnight, as a part-day holiday.
In the Northern Territory, trading hours are mostly deregulated; however, there are conditions for certain stores that sell liquor.
South Australia
South Australia’s public holidays are also Christmas Day (Thursday, December 25), Boxing Day and Proclamation Day holiday (Friday, December 26) and New Year’s Day (Thursday, January 1).
Christmas Eve (December 24) from 7pm to midnight and New Year’s Eve (December 31) from 7pm to midnight are also part-day public holidays for South Australia.
Employees who work between the hours of 7pm and 12pm on Christmas Eve and New Year’s Eve are entitled to the public holiday rates provided by the relevant Award or Enterprise Agreement.
While South Australia’s Proclamation Day is December 28, the holiday is observed on December 26.
The Central Business District (CBD) Tourist Precinct, Metropolitan Shopping District and Proclaimed Shopping Districts will be closed on Christmas Day. Normal trading hours will apply on all other days during the 2025 Christmas season.
Trading hours for retailers in South Australian shopping districts are regulated by the Shop Trading Hours Act 1977 and Shop Trading Hours Regulation 2018. Whether a shop is exempt or non-exempt from the state’s shop trading laws depends on where a shop is located, its size, and what it sells.
Tasmania
Christmas Day (Thursday, December 25), Boxing Day (Friday, December 26) and New Year’s Day (Thursday, January 1) are public holidays in Tasmania.
The Shop Trading Hours Act 1984 places trading restrictions on large retailers on Christmas Day.
Western Australia
For Western Australia, Christmas Day (Thursday, December 25), Boxing Day (Friday, December 26) and New Year’s Day (Thursday, January 1) are public holidays.
In Western Australia, the hours a retail shop can be open for trading depend on the type of shop and its location. There are also extended trading rules for opening on public holidays and around Christmas.
All shops are regarded as general retail shops unless they fall into the categories below.
Small retail shops, which can trade 24 hours a day, every day of the year; and special retail shops, considered necessary for emergency, convenience or recreation goods, which can trade between 6am to 11.30pm every day of the year, or service stations.
Those still planning their Christmas shopping can take a look at the Perth metropolitan Christmas shopping hours and the regional Christmas trading hours over the holiday period.
