Retail Trading Amendment (Boxing Day) Act 2017 (NSW) to Allow Statewide Trading on Boxing Day
Tuesday 26 September 2017 @ 10.25 a.m. | Legal Research
The Retail Trading Amendment (Boxing Day) Act 2017 (NSW) ('the Act') has received assent on 25 September 2017. The Act proposes to allow shops and banks to conduct trading on Boxing Day and other holidays.
Background
The government’s move was in response to a trial of trading on Boxing Day for two years in regional areas such as Newcastle and Wollongong. Following this, the government commissioned an independent review by consultant Professor Percy Allan, which found that Boxing Day Trading had the support of 41 percent of retailers, and this support was 47 percent in regional NSW. However the review also found that one in five workers felt coerced to work on Boxing Day. In addition the review found that real growth in NSW retail sales for December 2015 and 2016 had declined since the start of the two year trial.
Key Amendments
The Act will amend the Retail Trading Act 2008 ('the Principal Act') by allowing shops and banks to be open on Boxing Day, allowing banks to be open on Boxing Day, bank holidays and certain public holidays, provided that the staff have freely elected to work. The Act will repeal the sunset provisions of section 27 of the Principal Act, which would have ended the provisions of statewide Boxing Day trading from 1 December 2017.
In his second reading speech, NSW Treasurer and Minister for Industrial Relations, Dominic Perrottet said:
Public Response
Retail workers have reported feeling pressured previously to work on Boxing day, even though there are fines for managers who forced employees to work. For example, one retail worker said:
There has also beenopposition from Sydney Archbishop Anthony Fisher OP. who stated that he was concerned about the erosion of family time over the Christmas period.
However, Australian Retailers Association executive director Russell Zimmerman disputed the findings of the report, and said that Australian Bureau of Statistics figures showed sales were up 3.37 percent for December 2016, compared to December 2015. He said:
In a media release, Mr Perrottet said:
Retailers who pressured employees to work on the holidays will continue to face fines of up to $11,000 under the Act, and legislation to enable the 2015 reforms to continue will be introduced soon.
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Sources:
Retail Trading Amendment (Boxing Day) Bill 2017 (NSW), and second reading speech, as published on Timebase LawOne.
Retail Trading Act 2008 (NSW), as published on Timebase LawOne.
Anna Patty, ‘Workers feel pressured with Boxing Day trading extended across NSW,’ (Sydney Morning Herald) 13 August 2017.
Dominic Perrottet, Treasurer and Minister for Industrial Relations (NSW), ‘Boxing Day Shopping Here to Stay in NSW,’ (media release) 10 August 2017.
Robert Hiini, 'Call to Keep Boxing Day a Family Day' (Sydney Catholic Organisation) 20 September 2017.