Kmart’s Anzac Day trading application highlights widespread confusion for retailers

The controversy over an application from retail giant Kmart to open before 1pm on Anzac Day has highlighted the confusion among the states regarding the day’s trading hours.

It comes after Melbourne shopping destination Chadstone told SmartCompany it had reversed its position on trading hours and will now open after 1pm on Anzac Day. Last month, Chadstone said it intended to open at 10am on both the Sunday and Monday public holiday.

NSW Premier Kristina Keneally said Kmart’s application will likely be denied, and criticised the company for even suggesting an earlier trading period.

“This shows Kmart is totally out of step with the rest of the community,” Keneally said. “Anzac Day is a time when all Australians come together to remember our fallen war heroes… That is why NSW has introduced tough laws to restrict trading on days like Anzac Day.”

“Retailers can already trade after 1pm on Anzac Day, so it is hard to see how this move by Kmart is in the public interest.”

NSW’s trading laws dictate companies must demonstrate why their decision to open before 1pm on Anzac Day is in the public interest. Kmart said in its application there was a desire in the community for its stores to be open, and that closing for half a day would cause “unnecessary confusion”.

However, many SMEs are confused about trading laws across the country. The problem lies in the fact that while Anzac Day falls on a Sunday, many states offer a substitute public holiday on the following Monday, 26 April.

Each state has its own laws regarding Anzac Day trading hours, but some Governments have not given clear information on what trading laws must be followed.

Victoria

Victoria recognises the Anzac Day public holiday on Monday, April 26.

Business Victoria has stated trading restrictions would apply for the state on Sunday, April 25, while trading hours for the Monday, April 26 public holiday would remain as per any other public holiday.

Northern Territory

In the Northern Territory businesses must follow normal public holiday trading restrictions on the Monday, April 26. Normal Anzac Day trading restrictions will apply on the Sunday.

Queensland

Queensland businesses will observe trading restrictions on Anzac Day, April 25, with normal public holiday restrictions to be observed on the following Monday, April 26.

Exempt businesses may trade outside the restricted hours, but individual businesses must contact the Government or local retail representatives in order to determine their eligibility.

New South Wales

A representative from the Industrial Relations line could not give any information regarding Anzac Day trading hours. However, Kenneally’s comments indicate retailers can only open after 1pm on April 25.

Tasmania

A representative from the Government said businesses with fewer than 250 employees do not observe trading restrictions on both days, while businesses with over 250 employees must open after 1pm on Sunday, April 25.

South Australia

Upon contacting the South Australian Government for information regarding Anzac Day trading hours, SmartCompany was referred to the Retail Trader’s Association. However, the RTA did not answer calls.

Western Australia

Both the West Australian Government Biz Line and the West Australia Chamber of Commerce and Industry offices were unavailable.

Australian Capital Territory

No response was given from the Chief Minister’s Office regarding Anzac Day trading hours.