Kmart has applied to the New South Wales Government to open its doors for trading on the morning of Anzac Day.
The ABC reports Kmart says in its application that there is a "desire within the community" for the stores to open before 1:00 pm on Anzac Day.
The application states that closing the state's 45 stores for half a day would cause "unnecessary confusion" for customers.
Under new laws, retailers have to demonstrate that it is in the public interest for them to open earlier than the restricted trading hours allow.
NSW State Industrial Relations Minister John Robertson says all other applications to open earlier than restricted trading hours allow have been refused.
He says Kmart will not get special treatment. "This just demonstrates Kmart is completely out of touch with the rest of the community on this," he said.
"Anzac Day is a day when we all stop and pause and we remember our fallen war heroes.
"What we are seeing is just an absolute absurd grab for cash by Kmart and a demonstration of just how out of touch they really are."