Planning for public holidays
Looking at the calendar for the next public holiday so they can request annual leave to have extra time off or enjoy a long weekend is something many employees do.
When it comes to public holidays, employees in New South Wales (NSW) get to enjoy 11 extra days. While these can depend on your business and industry, there are certain holidays that affect all businesses and Aussie companies.
For employers and business owners, there are certain obligations you must meet in relation to these public holidays. These will depend on your business type and industry. And there are certain public holidays that will affect all Aussie businesses.
If you’re unsure of your public holiday obligations or employee wage rates, call and speak to a specialist adviser at Peninsula.
List of Public Holidays in New South Wales for 2025
| Holiday | Date in 2025 |
|---|---|
| New Year’s Day | Wednesday 1 January |
| Australia Day | Monday 27 January |
| Good Friday | Friday 18 April |
| Easter Saturday | Saturday 19 April |
| Easter Sunday | Sunday 20 April |
| Easter Monday | Monday 21 April |
| ANZAC Day | Friday 25 April |
| King’s Birthday | Monday 9 June |
| Bank Holiday | Monday 4 August |
| Labour Day | Monday 6 October |
| Christmas Day | Thursday 25 December |
| Boxing Day | Friday 26 December |
In some circumstances when a public holiday falls on a weekend, the following Monday can be declared a holiday. As Australia Day falls on Sunday 26 January 2025, the holiday is moved to Monday 27 January 2025.
In addition to these standard public holidays for all of NSW, there are also some local public holidays and local event days. These days are declared in regional and rural New South Wales to recognise a significant annual event for the local community like an agricultural show or a racing carnival.
Employee entitlements on public holidays in New South Wales
Public holidays including local public days will affect workplace entitlements for employers and employees. You will also have information available in the National Employment Standards for public holidays or awards and agreements that apply to your workplace.
In most cases, where an employee is off work on a public holiday and that day is their regular working day, employees would still be entitled for payment for the absence on a public holiday. When an employee works on a day that is a gazetted public holiday, they are entitled to extra payment. This is usually in the form of an additional penalty rate or loading.
Staff must choose to work freely and cannot be coerced, harassed, threatened, or intimidated to work on a restricted trading day. If an employee previously agreed to work and they no longer wish to work on a restricted trading day, they cannot be forced to attend work.
A fine up to $11,000 per employee may apply for any employer who is found to have coerced an employee into working on a restricted trading day or public holiday.
Trading on Public Holidays in New South Wales
According to the Retail Trading Act 2008, some days are considered ‘restricted’ trading days. Many businesses cannot open on these days unless they have obtained an exemption from NSW Fair Trading and are allowed to operate. Some businesses, such as chemists, fruit vendors, vegetable shops, petrol stations, and small shops are allowed to be open on these days.
The following days are restricted trading days in New South Wales:
- Good Friday.
- Easter Sunday.
- ANZAC Day.
- Christmas Day.
- Boxing Day.
A shop is considered to be open if:
- Goods were sold or offered for sale at the shop.
- Goods were available for review in the shop.
- Previously sold goods were delivered, or available for delivery.
- Orders for goods were received and/or processed by a person working at the shop.
- Goods were received, unpacked or otherwise prepared for sale at the shop e.g. staff packing or arranging goods in the store or doing inventory.
- Stocktaking was carried out in the shop.
Under Section 8A, a conditional exemption is applicable to Boxing Day. All shops in New South Wales are allowed to trade on Boxing Day provided employees choose to work freely. Penalty rates above ordinary wages are also applicable for employees.
Exemptions to restricted trading days in New South Wales
Small shop retailers are exempt from restricted trading days in NSW. These are generally defined as employing four or fewer staff, and with no more than two owners who share in the shop profits. Small shops are free from the requirement that staff only work if they choose.
Businesses located within one of the exempted Local Government Areas are also exempt. Businesses that have an existing section 10 exemption to trade.
Businesses that hold a hotel licence or small bar licence and meet certain conditions are also exempt. Business types listed in the Schedule 1 of the Retail Trading Act 2008.
Taking time to relax
The holiday season, public holidays, and long weekends mean enjoying good food and fun times with family and friends. If you’re a business owner or employer in New South Wales, you need to know all the public holidays and appropriate employee entitlements to ensure you meet your legal obligations.
Peninsula is committed to providing answers to your public holiday questions. Call our team for free initial advice.
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