Is It Legal To Open Your Business On Good Friday? What Australian Small Businesses Need To Know

Opening on a public holiday like Good Friday can be tempting. Many Australians are off work, foot traffic can spike, and hospitality and tourism operators often see strong demand.

But can you legally trade on Good Friday? The answer depends on your state or territory, your industry, and even your lease and staff arrangements. Public holiday trading rules are more restrictive on Good Friday than most other days, and penalties for getting it wrong can be significant.

In this guide, we’ll walk through how Good Friday trading laws work across Australia, what exemptions might apply, your obligations to staff under the Fair Work Act 2009 (Cth), and a practical checklist to help you decide if and how to open lawfully.

Are You Allowed To Open On Good Friday? The Short Answer

It depends. Good Friday is a national public holiday, and most jurisdictions treat it as a “restricted trading day.” In practice, this means:

• Large stores and major retailers are generally required to close, unless an exemption applies.
• Many small shops and essential services can open under specific criteria and limited conditions.
• Hospitality businesses (like cafes and restaurants) often can trade, but may face limits (for example, on liquor service hours or takeaway-only in some circumstances).
• Your award or enterprise agreement, your lease (especially in shopping centres), and any local permits may add additional constraints.

Because Good Friday rules are set by state and territory legislation and vary by industry, you should confirm the most recent rules that apply to your specific location and business type before you roster staff or advertise special hours.

State And Territory Overview Of Good Friday Trading

The core idea is broadly consistent nationwide: Good Friday is highly restricted. However, each jurisdiction has its own legislation and exemptions. Always check the current rules in your area (and any local council requirements) before trading.

New South Wales (including ACT context)

In NSW, Good Friday is a restricted trading day for most shops. Large supermarkets and department stores are typically closed, while certain “exempt” shops (for example, smaller owner-operated shops, pharmacies, petrol stations and some service-based businesses) may open if they meet the criteria set out in the relevant trading hours laws.

If you operate in a shopping centre, your lease may set expectations around public holiday trading. Lease terms cannot override trading hours laws, but they can affect operational requirements when trading is permitted.

Victoria

Victoria imposes Good Friday restrictions on many large retailers, with limited exemptions that often capture essential services and certain hospitality operators. Some tourist precincts and specific businesses can trade subject to criteria and conditions stated in the legislation or accompanying regulations.

Liquor service is often more tightly controlled on Good Friday than on an ordinary day, so licensed venues should check licence conditions and any public holiday directives that apply.

Queensland

Queensland has long maintained strong Good Friday trading restrictions for non-exempt shops. Smaller “exempt” retailers and essential services usually can trade if they fall within the definitions and conditions in the relevant laws. Hospitality and tourism businesses may be able to open, but must still comply with any licensing or local limitations.

Western Australia, South Australia, Tasmania and the Northern Territory

These jurisdictions also impose Good Friday restrictions. The pattern is similar: most major retailers are closed, while some small shops, essential services, and certain hospitality venues may operate if they meet exemption criteria. Local licensing, permit and council requirements can add extra layers, particularly for liquor service and food premises.

Common Exemptions (Across Multiple Jurisdictions)

Exact exemptions are set out in each state or territory’s trading laws, but commonly include:

• Small shops operated by owners and limited staff (often with strict headcount and ownership criteria).
• Pharmacies, service stations and certain newsagencies.
• Cafes, restaurants and takeaway food businesses (noting that alcohol service may face special limits).
• Shops in designated tourist precincts or transport hubs (for example, airports), subject to conditions.

Being “small” or “owner-operated” in the colloquial sense isn’t enough-your business must meet the exact legal definition in your state or territory. If you plan to rely on an exemption, document how you meet every element of the definition as part of your compliance file.

Staffing A Public Holiday: Your Fair Work Obligations

If you open on Good Friday, your obligations to staff are different to a regular day.

• Public holiday requests and refusals: Under the Fair Work Act 2009 (Cth), an employer can request an employee to work on a public holiday, and an employee can reasonably refuse that request. Whether a request or refusal is “reasonable” depends on factors like the nature of your business, the employee’s role and personal circumstances, how much notice you gave, and any terms in the employment contract or award.
• Penalty rates: Modern awards and enterprise agreements generally require higher pay for public holiday work. The specific rate depends on the instrument that applies to your employees. If you’re unsure which rate applies, seek advice before finalising your rosters or payroll. A helpful place to start is understanding how penalty rates work in Australia.
• Minimum engagement and rostering rules: Many awards contain minimum engagement periods on public holidays, notice requirements, and break entitlements. For a refresher on breaks, see this overview of Fair Work breaks, and make sure your rostering practices align with the legal requirements for employee rostering.
• Time off in lieu (TOIL) or substitute days: Some agreements allow TOIL or substitution arrangements. Check your award or enterprise agreement and set expectations with staff in writing before the day.

Clear documentation avoids confusion. Every employee should have an up-to-date Employment Contract that addresses public holiday work, rates and rostering in plain English. This is especially important if you only open on certain public holidays each year.

Step‑By‑Step Checklist To Decide And Prepare

Use this practical checklist to decide if trading on Good Friday makes sense-and to set up your business to trade lawfully.

1. Confirm your jurisdiction’s rules. Check your state or territory trading hours legislation and any current public holiday directions. Pay close attention to Good Friday-specific restrictions and definitions of “exempt” or “small” shops.
2. Map the exemption you’ll rely on (if any). Identify the exemption you think applies and test your business against each criterion. Note headcount limits, ownership conditions and the exact activities you can perform (for example, takeaway food vs dine-in, or essential supplies only).
3. Check industry licences and local approvals. If you are licensed to serve alcohol or food, confirm any Good Friday or public holiday restrictions attached to your licence or permits. Hospitality businesses should review licence conditions in detail before setting menus, hours or events.
4. Review awards and workplace settings. Confirm penalty rates and minimum engagement rules, and ensure your employment contracts and rosters reflect those requirements. Where possible, invite volunteers first and give reasonable notice to reduce the risk of disputes about working on a public holiday.
5. Look at your lease and centre rules. If you are in a shopping centre or franchise network, review your lease or franchise agreement for public holiday clauses. These documents cannot override trading hours laws, but they can set operational requirements when you’re allowed to trade.
6. Plan your customer experience and compliance. Update your website and signage with public holiday hours, ensure refunds and surcharges are displayed in line with the Australian Consumer Law (ACL), and confirm you have enough trained staff to meet food safety and hygiene standards.
7. Keep a compliance file. Save copies or screenshots of the rules you relied on, your exemption analysis, rosters, staff communications and any advice you obtained. If an inspector visits or a complaint is made, this evidence helps demonstrate due diligence.

Legal Documents And Ongoing Compliance

Trading on Good Friday is about more than opening the doors. A few core documents and compliance practices will reduce risk and help your day run smoothly.

Essential Documents To Have Ready

• Employment Contract: Sets out roles, pay arrangements, public holiday work, and dispute processes in writing. A well-drafted Employment Contract makes rostering and payroll clearer for everyone.
• Workplace Policies: Internal policies covering rostering, public holiday requests, overtime approvals, and customer surcharges create consistency and help managers apply the rules fairly across your team.
• Privacy Policy: If you collect customer details for bookings, loyalty programs or online orders, you should publish a compliant Privacy Policy explaining how you collect, use and store personal information.
• Website Terms and Conditions: If customers can book or buy online over the Easter period, ensure your Website Terms and Conditions and refund/returns language are clear and consistent with the ACL.
• Customer Terms (in-store or online): Written terms (for example, terms of sale or booking terms) help you set expectations around surcharges, cancellation cut-offs and service limits on public holidays.
• Supplier Agreements: If you’re increasing orders for the long weekend, clear terms around delivery times, substitutions and late deliveries can save last-minute headaches.

Compliance Areas To Double‑Check

• Australian Consumer Law (ACL): Ensure your advertising, surcharges and refund practices are accurate and not misleading or deceptive. For a refresher on fair advertising and conduct, revisit the principles under section 18 of the ACL.
• Liquor licensing (where applicable): Licence conditions often change on restricted days. Check permitted service hours, takeaway restrictions and any entertainment limits that may apply on Good Friday. For context on licensing obligations, see the overview of liquor licensing laws.
• Food safety and health: If you operate a food business, maintain staffing levels that allow you to meet hygiene, temperature control and allergen management requirements during peak periods.
• Leases and centre rules: Shopping centres may set requirements for trading hours, staff entry, deliveries and signage on public holidays. These don’t override trading laws, but they still matter for day‑to‑day operations and compliance within the centre.
• Surcharges and signage: If you impose a public holiday surcharge, make sure your signage is prominent and pricing is transparent. The surcharge must reflect actual additional costs and comply with pricing laws.

Finally, consider whether trading is commercially worthwhile once you factor in penalty rates, licence limits and any reduced hours. Sometimes, staying closed is the most compliant-and profitable-option.

Key Takeaways

• Good Friday is one of Australia’s most restricted trading days; whether you can open depends on your state or territory, your industry and whether you qualify for an exemption.
• If you rely on an exemption (for example, small shop or hospitality), confirm you meet every legal criterion and keep written evidence of your assessment.
• Staff can reasonably refuse a request to work on a public holiday, and higher rates usually apply-confirm penalty rates and award rules before you roster. Resources like penalty rates and Fair Work breaks guides can help you prepare.
• Publish clear hours, be transparent about any surcharges, and make sure your online and in‑store terms align with the Australian Consumer Law.
• Core documents-like an Employment Contract, Privacy Policy and Website Terms and Conditions-support compliance and reduce disputes.
• If you hold a liquor licence or operate under a centre lease, double‑check Good Friday limits and house rules before you trade.

If you would like a consultation on opening your business on Good Friday or navigating public holiday trading laws, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.