State-by-state: The trading hours for the Queen’s National Day of Mourning

Next Thursday, September 22, will be a “one-off” public holiday to commemorate Queen Elizabeth II following her recent passing.

The public holiday was announced by Prime Minister Anthony Albanese on Sunday, only 11 days before the National Day of Mourning for Her Majesty the Queen.

Such a sudden change could reportedly cost the economy as much as $1.5 billion, with many business groups raising concerns about the potential disruptions with store closures and staff scheduling challenges.

For retailers, the Australian Retailers Association said it is up to each state and territory to clarity its trading conditions for the one-off holiday — so it’s important to understand when, and if, your business will be required to operate on September 22, 2022 according to your region’s rules and regulations.

Here’s what we know so far about next Thursday’s trading hours for each state and territory.

New South Wales

Thursday September 22, 2022 has been declared a public holiday in NSW by the Minister for Employee Relations Damien Tudehope under section 5 of the Public Holidays Act 2010.

This means shops and retailers can trade as they normally would on other public holidays, such as Australia Day or New Year’s Day.

Under the Retail Trading Act 2008, some public holidays in NSW are considered ‘restricted’ trading days in which shops are expected to close completely or for restricted hours — these being Good Friday, Easter Sunday, ANZAC Day, Christmas Day and Boxing Day.

But this one-off public holiday will not follow this requirement.

For employers and employees, the provisions of the Fair Work Act 2009 regarding working on public holidays will apply.

More information on those provisions can be found here.

Victoria

The Victorian government has announced similar trading conditions to NSW, with the day being considered a normal public holiday trading day.

In its announcement, the state government has urged employers and employees seeking information about their rights and responsibilities regarding public holidays to seek advice from their business organisations or relevant unions.

The difference between the two states, however, is that Victoria already has a state public holiday locked in on September 23, with its annual Grand Final Eve celebration before the AFL Grand Final match held on Saturday.

This means Victorians are now looking at a four-day weekend, and Victorian businesses will be expected to pay staff penalty rates accordingly.

Additionally, the public holiday to mark Sovereign’s birthday on the second Monday in June will now be known as the King’s Birthday. No administrative changes are required for this.

Western Australia

Western Australia is in a similar position to Victoria, with the one-off public holiday falling just days prior to Monday September 26, the day in which the state celebrates the Queen’s Birthday public holiday.

Businesses will be expected to pay penalty rates for four days across a five-day period, with the state government confirming businesses can trade as per usual public holiday provisions next Thursday.

General retail shops will be able to trade between 11am and 5pm on September 22, with extended public holiday trading hours of 8am to 6pm on September 26.

South Australia

Retail stores in South Australia will be allowed to trade on next Thursday’s national public holiday, with the state government agreeing to authorise an exemption to its Shop Trading Hours Act.

Shops in the city and suburb can trade between 12pm and 9pm, similar to Anzac Day, with workers being paid their usual public holiday rates.

“Usual arrangements for public holidays will be in place, including the closure of schools, banks and the payment of public holiday penalty rates to workers, in accordance with their employment agreements,” the statement from South Australian Premier Peter Malinauskas reads.

Tasmania

Tasmania’s Minister for Workplace Safety and Consumer Affairs Elise Archer issued a statement on Tuesday saying the one-off national public holiday to mark the Queen’s passing will be subject to the same arrangements as most other public holidays.

This means there will not be any enforced restrictions on trade, however, businesses will be required to comply with all relevant duties as spelled out in their awards and agreements if they decide to open.

Staff will be need to be paid penalty rates should a business choose to open, with more information on provisions which may apply available here.

Queensland, Northern Territory, and Australian Capital Territory

Queensland, NT and ACT are yet to confirm trading conditions for the National Day of Mourning, yet it is assumed all will follow the other states’ lead and act with limited trading hours rather than a blanket close.

This article will be updated accordingly when further information is provided by states and territories regarding their trading hours and trading restrictions on September 22, 2022, the National Day of Mourning for Her Majesty the Queen.