The definitive guide to the 2009 Christmas public holidays

Small businesses are busily preparing for the Christmas season, but one important topic might to be overlooked in the rush – the complicated business of public holidays.

For several years businesses forget this topic as Christmas, Boxing Day and the New Year holidays fall on weekdays, but for the next few seasons these public holidays are set to fall on weekends.

This means the actual public holidays will be held on the next available weekday.

This year Christmas – just 22 days away – will fall on a Friday. However, the Boxing Day holiday will not occur on Saturday, 26 December, but rather on the next available weekday, Monday, 28 December.

Public holiday entitlements must be paid on the Monday. This applies to all states and territories.

However, businesses must be aware certain trading restrictions exist for businesses on these two days.

ACT: There are no restrictions on trading on public holidays, however, as a general rule most large shopping centres do not open on Christmas.

NSW: Businesses will be required to close on both Friday 25 December and Saturday 26 December unless classified as “small shops” or “exempt shops”, located in a tourist area of have permission to trade as classified under the Shop Trading Act 2008. There will be no restrictions on the Boxing Day public holiday to occur on Monday, 28 December.

Business can apply to the Government for an exemption to trade.

NT: No trading restrictions are in place, but most shopping centres do not open on Christmas Day.

QLD: Trading hours are complex due to a number of zones that exist in the state. In South-East Queensland, including Brisbane and the Sunshine and Gold Coasts, non-exempt shops as classified under the Shop Trading House Act of 1977 are permitted to trade except on Christmas Day. Most supermarkets and department stores and national retailers are generally classified as non-exempt.

SA: Non-exempt shops are not permitted to trade on Christmas, Proclamation Day (Saturday, 26 December) or New Year’s Day on Friday, 1 January.

TAS: Trading hours are unregulated, but shops will not be permitted to trade on Christmas Day.

VIC: Only “exempt shops” as classified under the Shop Trading Reform Act 1996 can trade on Christmas Day.

WA: General retail shops are permitted to trade between 10am to 5pm on every Sunday in December, as well as Boxing Day on Saturday 26 December. Weekday trading will be permitted until 9pm in the weeks beginning Monday 15 December, Monday 21 December and 28 December, but trading must finish at 6pm on Thursday, 24 December and Thursday, 31 December. Trading is not permitted on Christmas Day and Friday, 1 January, while normal trading hours will resume from Saturday 2 January. However, these laws do not apply to areas where trading hours are unregulated, including some areas outside of metropolitan Perth.

Additionally, next year will see both Christmas and Boxing Day occur on a Saturday and Sunday respectively. This will push both public holidays to the next available weekdays – Monday, 27 December and Tuesday, 28 December.