Fears NSW’s new ANZAC Day trading rules will impact small businesses

policy

New ANZAC Day trading policies will debut this year on 25 April, and there are concerns that they could indirectly hurt small businesses.

Under the state’s Retail Trading Amendment (ANZAC Day Trading Hours) Act 2024, retail shops that are classified as ‘non-exempt’ are no longer allowed to open after 1 pm on ANZAC Day, and some businesses previously able to open will need to remain closed for the entire day.

Those exempted from the policy are establishments classified as ‘small shops’, businesses outside of retail, or with special exemptions. These establishments include bazaars, fairs, or markets (if conducted for charitable or public fundraising purposes); book shops; fruit and vegetable shops; news agencies; pet shops; recorded music, video or DVD shops; restaurants, cafes or kiosks; and vehicle service centres or petrol stations.

Note that ‘small shops’ refers to shops with no more than four employees and two owners.

But even though a number of small businesses will not be affected by the ANZAC Day policy, many small-business owners in the state and other business groups have voiced their opposition, saying that even small businesses who are allowed to stay open will be adversely affected regardless.

“While small businesses like cafes and chemists are exempt from this legislation, they will be impacted by the closure of larger stores. For example, a small café next to a supermarket will see limited foot-traffic and will most likely make the decision not to open,” the Australian Retail Association explained in their statement.

In a separate statement, Retail Drinks Australia pointed out that while hotels, clubs, restaurants, and bars to sell takeaway alcohol throughout ANZAC Day, 80 per cent of NSW packaged liquor retailers must remain closed.

“This isn’t about changing the significance of ANZAC Day – it’s about ensuring fair treatment for all licensed businesses while maintaining the importance of the day,” said Michael Waters, CEO of Retail Drinks Australia.”The NSW Government needs to understand that people commemorate ANZAC Day in different ways – whether joining a service, watching it at home or coming together with family and friends for a BBQ. It just makes no sense that the NSW Government would allow some licensed businesses to open but not others.”

Critics also pointed out that ANZAC Day this year falls on a Friday with many members of the public likely to take the chance to embrace a long weekend. As such, closed supermarkets will be a frustrating experience for would-be shoppers and a source of significant lost revenue for retailers.

“Casual employees rely on public holiday rates to make ends meet during these tough economic times. This decision takes money out of the pocket of vulnerable frontline workers.” the ARA stated.

While critics acknowledge that ANZAC Day is one of the most significant days of the year for Australians who proudly come together as a nation to commemorate its fallen soldiers, the rushed implementation of the policy, which only served to bolster the perceived unfair, discriminatory, and anti-competitive nature of the policy leaves a bitter taste in the mouth of many small-business owners.

“We’re simply asking for a level playing field. The current situation disadvantages small, family-run businesses while larger venues can continue trading,” Retail Drinks Australia’s Waters said.

The ARA and Retail Drinks Australia stated that they will continue to advocate for the easing of the shopping restrictions on ANZAC Day for NSW retailers despite the lack of commitment from the NSW government to address the matter at this time.