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:

“The bill protects the freedom of choice for workers because retailers face substantial fines if they open their shop with staff that did not choose to work freely. This bill protects freedom of choice for retail business owners because shopping centre landlords face substantial fines if they make their tenants open on Boxing Day. The New South Wales Government was re-elected in 2015 with a commitment to liberalise Boxing Day trade. When we introduced our reforms to make Boxing Day trade available to all retailers in New South Wales, we did it on the premise of providing opportunity and choice. Business owners can now choose to open and reap the benefits of their trade, or they can choose to keep their store closed and spend Boxing Day with family and friends.”

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:

“On Christmas Eve, a manager approached me to work on Boxing Day and I declined the shift because I had family staying from rural NSW and I don't see them often. My manager just kept pressuring me saying the money is really good and kept going till I finally said 'OK, I'll work'.”

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:

“Consumers want to shop on Boxing Day, and retailers want to trade, it's as simple as that. Giving NSW retailers an opportunity to trade on this public holiday not only gives retailers a chance to increase their sales it allows physical stores to compete with online and interstate retailers.”

In a media release, Mr Perrottet said:

“Our position strikes a sensible balance, giving retailers and their employees the freedom to work if they want to, but also putting in place strict sanctions to ensure they are not pressured to do so.”

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.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.

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.

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