Is It Illegal To Open Or Work On Anzac Day?

Anzac Day is one of the most significant days on Australia’s calendar - and it comes with unique rules for trading, staffing and pay.

If you run a café, retail store, venue, gym, pharmacy, online fulfilment business, or any customer-facing operation, you might be wondering whether it’s illegal to open on Anzac Day.

The answer is: it depends. In Australia, Anzac Day trading restrictions are mostly set by state and territory laws, and some industries have strict limits (often around opening to the public before 1pm). On top of that, if you roster staff, you also need to handle public holiday workplace rules properly (including who can be required to work, and what they must be paid).

Because the rules can vary significantly (including whether exemptions apply and whether trading is restricted before 1pm), it’s important to check the specific trading legislation and any permits or venue conditions that apply in your state or territory. If you’re in a shopping centre or have a liquor licence, you may also need to consider centre rules, lease terms, and licence conditions.

Below, we’ll walk you through the practical legal issues so you can make a confident decision about whether you can open, how to staff the day, and what to put in place to reduce risk.

Is It Illegal To Open On Anzac Day?

Whether it’s illegal to open on Anzac Day depends on two key things:

• Where your business is located (state/territory trading restrictions apply), and
• What kind of business you operate (some businesses are restricted, some are exempt).

Importantly, Anzac Day restrictions often focus on trading before 1pm (to preserve the morning for commemorations). Many states allow more businesses to open from 1pm onwards, but not always - and sometimes only if specific conditions are met.

So if you’re asking whether it’s illegal to open on Anzac Day, what you’re really asking is:

• Is my business type allowed to trade at all on Anzac Day?
• If yes, can I trade before 1pm?
• If I’m allowed to trade, what workplace rules apply to my staff?

Because the trading rules differ across Australia (and can change depending on business type, size, location, and whether you’re in a regulated precinct), it’s worth checking your specific state/territory requirements (and your local council requirements if relevant). If you operate across multiple locations, you may need different rules for different sites.

Common Anzac Day Trading Restrictions (And Why 1pm Matters)

Across Australia, Anzac Day is usually treated differently to other public holidays. A common theme is that some non-exempt businesses can’t open (or can’t open to the public) before 1pm - but exactly how this works depends on the state or territory, and on the type of business.

That “1pm rule” can catch small businesses out because:

• your usual public holiday trading plan may not apply,
• staff may assume it’s “just another public holiday”, and
• customers may expect you to be open (especially if you’ve traded previously or operate online).

Businesses That Are Often Exempt

Exemptions vary by state and territory, but commonly cover businesses that provide essential goods/services or are closely connected to hospitality and tourism.

Depending on your location, exemptions may include (for example):

• cafés and restaurants (sometimes with limits)
• takeaway food venues
• pharmacies and petrol stations
• newsagents and convenience stores
• some small shops (based on size/staffing thresholds)
• certain tourism and entertainment venues

Even where an exemption exists, it may come with conditions (like limiting the type of goods sold, restricting opening hours, requiring a permit, or being subject to liquor licence conditions in some cases).

Businesses That Are Often Restricted

Again, it depends on the state/territory, but restrictions often apply to:

• large retail
• shopping centres
• certain licensed venues (depending on location and licence conditions)

If your business falls into a restricted category, trading in breach of the rules may expose you to fines and enforcement action.

If you’re unsure whether you’re exempt (or whether you can trade before 1pm), it’s worth getting advice before you publish Anzac Day hours online or roster staff in.

Is It Illegal To Work On Anzac Day? What Employers Need To Know

For most businesses, the question isn’t only “can we open?” - it’s also “can we require staff to work?” and “what do we have to pay?”

Generally, Anzac Day is a public holiday. That means workplace rules under the Fair Work system (plus any applicable modern award, enterprise agreement, or employment contract terms) are likely to apply.

So, is it illegal to work on Anzac Day? In most cases, no - but you can’t treat it like a normal day.

Can You Require Employees To Work?

In many workplaces, employees can refuse to work on a public holiday, unless the employer’s request is reasonable (and the refusal is not reasonable). What is “reasonable” depends on context.

Common factors include:

• the nature of your business (for example, hospitality versus an office-based business)
• the employee’s role and usual roster pattern
• the employee’s personal circumstances (for example, caring responsibilities)
• how much notice you gave
• whether the employee will receive public holiday rates or other entitlements

This is one reason it’s important to have clear documentation in place, including a properly drafted Employment Contract that explains expectations around rostering and public holiday work (where appropriate).

What About Casual Employees?

Casuals can often be rostered on for public holidays, but you still need to comply with:

• the relevant award/enterprise agreement conditions
• minimum engagement periods (if applicable)
• public holiday penalty rates (if applicable)
• notice requirements and rostering practices

If your trade is weather-dependent or demand is uncertain (common on public holidays), make sure your approach to changes is consistent with your policies and legal obligations. Having a clear shift cancellation policy can help reduce misunderstandings and disputes.

Pay Rates, Penalty Rates And Public Holiday Entitlements On Anzac Day

If you’re open and roster staff on Anzac Day, pay is often where the biggest compliance risks arise.

What you must pay can depend on:

• the employee’s classification (full-time/part-time/casual)
• their award coverage (or enterprise agreement)
• their employment contract terms (as long as they don’t undercut minimum entitlements)
• whether they are working, not working, or being stood down

In many industries, public holiday work attracts penalty rates. Some awards also include minimum shift lengths, higher rates after certain hours, and specific rules about breaks and overtime.

If you want a practical starting point for budgeting the day, a public holiday pay calculator can help you estimate costs - but you’ll still need to check the exact award or agreement that applies to your workplace.

If You’re Closed, Do You Still Have To Pay?

If your business is closed on Anzac Day, some employees may still be entitled to be paid for the public holiday (for example, eligible full-time and part-time employees who would ordinarily work that day).

This is where planning matters. For example, if you’re usually open Fridays and Anzac Day falls on a Friday, closing may create a payment obligation for permanent staff (depending on the applicable rules).

Getting your rostering right ahead of time is one of the easiest ways to prevent payroll disputes. For many small businesses, having clear processes around employee rostering reduces the risk of accidental underpayments.

A Practical Compliance Checklist Before You Open On Anzac Day

If you’re leaning towards trading, it helps to treat Anzac Day like a mini-project: confirm your right to open, plan staffing early, and communicate clearly with customers and employees.

1) Confirm Whether You Can Trade (And From What Time)

• Check your state or territory Anzac Day trading restrictions and whether your business type is exempt.
• If you operate under other rules (for example, a liquor licence, a permit, a shopping centre arrangement, or a specific lease clause about trading hours), check whether those rules restrict trading hours.
• If you have multiple sites, confirm rules per location (don’t assume the rules are uniform nationally).

2) Check The Right Award Or Agreement

A lot of payroll risk comes from applying the wrong award or misunderstanding how public holiday penalty rates work.

If you’re not sure where to start, it may help to do an award compliance check so you know what applies to your team and what you need to pay on public holidays.

3) Give Clear Notice And Confirm Shifts In Writing

Public holiday staffing can trigger last-minute changes. If you need to change start times (for example, opening from 1pm rather than the morning), communicate this clearly and early.

Where applicable, make sure you follow minimum notice rules for shift changes and cancellations. Even where there isn’t a strict legal minimum notice period, poor communication can escalate into disputes quickly.

4) Update Customer-Facing Communications

• Update your website and Google Business Profile hours (especially if you’re opening later than usual).
• If you’re taking bookings, ensure your booking confirmations match the Anzac Day schedule.
• If you offer deliveries or click-and-collect, clarify dispatch and pickup windows.

5) Double-Check Your Workplace Policies

Anzac Day can be busy, emotional, or high-pressure - especially for customer-facing teams. Make sure your staff know the expectations around behaviour, breaks, and service standards.

If you’re relying heavily on casual staff or variable demand, it’s particularly important that your internal expectations align with your rostering approach and written policies.

What Legal Documents And Terms Help Reduce Anzac Day Risk?

Public holidays are often when small misunderstandings become bigger problems - usually because expectations weren’t clear upfront.

While no document eliminates risk completely, having the right legal foundation makes it much easier to manage staffing, pay and disputes.

• Employment Contract: sets expectations around hours, rostering, and (where relevant) public holiday work, while reflecting minimum legal entitlements. A tailored Employment Contract is a strong starting point.
• Workplace Policies: helps your team understand how rostering, shift changes, conduct, and workplace standards work in practice (especially during busy periods and public holidays).
• Shift Cancellation Policy: particularly useful if demand is uncertain and you may need to cancel or shorten shifts. A clear shift cancellation policy helps you manage expectations and stay consistent.
• Customer-Facing Terms (Where Relevant): if you take bookings, sell tickets, or run events, consider whether your terms cover public holiday trading hours, cancellations, and changes to services.

One common mistake we see is businesses relying on “what we did last year” rather than checking the rules and documents each year. Small changes (like a new award interpretation, a different manager rostering, changes to licence conditions, or a change in trading restrictions) can create compliance issues.

If you’re expanding, franchising, or operating across multiple states, it’s even more important to standardise your approach while still meeting local rules.

Key Takeaways

• Is it illegal to open on Anzac Day? It depends on your state/territory and business type - and many restrictions focus on trading before 1pm (with exemptions and conditions varying by location).
• Is it illegal to work Anzac Day? Usually no, but Anzac Day is a public holiday and you need to handle rostering, refusals, and pay rates correctly.
• Public holiday pay and penalty rates often depend on the applicable award or enterprise agreement, not just what your business “normally does”.
• Plan ahead: confirm trading permissions (including any liquor licence/permit/shopping centre or lease restrictions), set rosters early, and communicate your hours clearly to staff and customers.
• Strong documentation (like an Employment Contract and clear policies) helps reduce disputes and supports consistent compliance year after year.

If you’d like help reviewing your Anzac Day trading plans, pay obligations, or employment documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.