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.
For employers and business owners, there are certain obligations you must meet in relation to 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 an expert adviser at Peninsula.
List of Public Holidays in New South Wales for 2026
| Holiday | Date in 2026 |
|---|---|
| New Year’s Day | Thursday 1 January |
| Australia Day | Monday 26 January |
| Good Friday | Friday 3 April |
| Easter Saturday | Saturday 4 April |
| Easter Sunday | Sunday 5 April |
| Easter Monday | Monday 6 April |
| ANZAC Day | Saturday 25 April |
| King’s Birthday | Monday 8 June |
| * Bank Holiday | Monday 3 August |
| Labour Day | Monday 5 October |
| Christmas Day | Friday 25 December |
| Boxing Day | Saturday 26 December (As Boxing Day falls on a Saturday, Monday 28 December is an additional public holiday) |
- Retail bank branches and certain financial institutions are required to close on the first Monday in August. It is not a public holiday for all businesses.
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 obligations for employers and entitlements for employees.
In most cases where an employee is off work on a public holiday and that day is their regular working day, employees are entitled usual pay for that day. 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.
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.
- in 2024 the post 1:00pm opening rule was changed. Now most non-exempt retail shops, including major supermarkets and bottle shops, must remain closed on ANZAC 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.
An employer may be fined if they are found to have coerced an employee into working on a restricted trading day or public holiday.
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. These can include:
- Food and Drink: Cafes, restaurants, kiosks, takeaway food/drink, cooked provision shops, seafood shops.
- Specialty Retail: Bookshops, cake/pastry shops, pharmacies, florists, nurseries, pet shops, souvenir shops, tobacconists.
- Services/Other: Bazaars/fairs for charity, newsagencies, shops ancillary to sports venues, vehicle sales/service/petrol stations.
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 expert team for free initial advice.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.
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