Retailers Celebrate Significant Milestone as NSW Government Passes Trading Act Reform

Retailers are celebrating a significant milestone in NSW, following the passing of a reform by the NSW Government and NSW Legislation Council that will allow all retail in the state to trade on Boxing Day.

Many have been calling for the existing trading laws to be reassessed for a number of years, saying they are no longer up to date with today’s retail landscape. Retailers have also called the Retail Trading Act unfair; allowing some retailers to open on the public holiday, while stating others must be closed.

Specifically in Sydney and up until now, retailers in the Sydney central business district, Bondi Junction, Moore Park and Broadway were exempt from the requirement to close their doors on Boxing Day, but retailers in suburban Sydney were not.

Subsequently, this has affected the amount of revenue retailers have been able to make on the day – arguably one of the biggest of the year – as well as employees, who have been forced to miss out on penalty rates.

The passing of the Retail Trading Amendment Bill 2015 however, now allows fall all retailers in NSW to open on Boxing Day. Fines will also be given to those who do not allow staff opting to work on the day.

Vice-President of the Executive Council, The Hon. Duncan Gay said in the hearing: “Our current retail laws are outdated and increasingly out of step with contemporary patterns of work, leisure and shopping.

“Since the last major reform of the New South Wales trading laws in 2008, disputed exemption determinations and amendments to the Retail Trading Act in subsequent years suggest that a consistent scheme that balances the needs of consumers, retailers and retail employees is yet to be achieved in this state. The current retail trading regime is complex, inconsistent, inefficient and administratively burdensome.”

Gay said the approval of the new bill will mean local dollars in local shops for small business owners and local communities.

“The opportunity for local businesses to open their doors for such a major day of trading cannot be underestimated. Small businesses are the backbone of local communities and a major provider of local jobs across New South Wales”, Gay said. “The [previous] laws discriminate against consumers, retailers and employees because of where they shop, where they choose to do business and where they live. People can shop online 24 hours a day, every day of the week, every week of the year. Yet a retail outlet in Western Sydney or some other part of the state is held back.”

The Liquor Stores Association (LSA) NSW has said that it is pleased with the support of the NSW Government and the decision of the NSW Legislative Council.

Executive Director of the body, Michael Waters said: “We congratulate the Baird Government for delivering on its promise to fix the unfair shop trading provisions that have prohibited over 1,200 liquor stores across NSW since 2009.

“Liquor retailers want to trade on Boxing Day because of high customer demand, and we anticipate there will be no shortage of staff electing to work, however we support amendments to the legislation which will strengthen provisions to ensure than no employee can be forced to work against their will”, Waters added.

“After seven long years, NSW liquor retailers can look forward to the upcoming busy festive trading period, knowing that come Boxing Day they will all be able to operate on an even playing field, which is precisely what we have been fighting for all this time”, Water concluded.

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