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Queensland Government Industrial Gazette, Dated 26 September, 2008, Vol

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Queensland Government Industrial Gazette, Dated 26 September, 2008, Vol [Extract from Queensland Government Industrial Gazette, dated 26 September, 2008, Vol. 189, No. 8, pages 569-608] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Trading (Allowable Hours) Act 1990 - s. 21 - trading hours orders on non-exempt shops National Retail Association Limited, Union of Employers (TH/2007/7) TRADING HOURS - NON-EXEMPT SHOPS TRADING BY RETAIL - STATE (Mackay Area) VICE PRESIDENT LINNANE COMMISSIONER ASBURY COMMISSIONER THOMPSON 18 September 2008 DECISION 1. CLAIM [1] This is an application by the National Retail Association Limited, Union of Employers (NRA) made pursuant to s. 21 of the Trading (Allowable Hours) Act 1990 (Act) seeking to amend the Trading Hours Order - Non-exempt Shops Trading by Retail - State (Order). The application seeks to amend the Order by inserting a new subclause in clause 3.2: "(16) Mackay Area: Opening Time Closing Time Monday to Friday 8.00 a.m. 9.00 p.m. Saturday 8.00 a.m. 5.30 p.m. Sunday 9.00 a.m. 6.00 p.m. Public Holidays (except 25 December, Good Friday, 25 April and Labour Day) 8.30 a.m. 5.30 p.m. And by inserting the following new definition in Schedule 1 (Definitions): "(23) The Mackay Area - the area within the following boundaries: Commencing at the intersection of the 21st parallel of south latitude with the 149th degree of east longitude; then by that meridian of east longitude due south to 21 degrees 40 minutes of south latitude; then by that parallel of latitude due east to the sea coast; then by the sea-coast northerly to the point of commencement.". [2] The current Order provides that non-exempt shops shall be kept closed on Sundays and public holidays (as defined) except where specifically prescribed by the Order. The area covered by this application is not currently prescribed by the Order. [3] Essentially the application seeks to introduce trading on Sundays and certain public holidays to the city of Mackay and the towns of Sarina and Walkerston. In its application, the NRA said that Mackay city is the economic powerhouse of northern Queensland and is a vital service sector for the Bowen Basin coal mining industry which produces 85% of Queensland's coal. According to the NRA, Mackay city is the regional hub of Queensland's highest value export region with coal, sugar, beef and tourism being the principal export products. Further, Mackay is at the centre of Australia's largest sugar producing area with infrastructure including several sugar mills, one of Australia's four sugar refineries and one of the largest bulk sugar terminals in the world. [4] The application is opposed by the Queensland Retail Traders and Shopkeepers Association (Industrial Organization of Employers) (QRTSA). The Australian Workers' Union of Employees, Queensland (AWU) supported the application on the basis of an agreement reached with the major retailers that, should the application be granted, any work performed on a Sunday by existing employees would be voluntary in nature. The agreement was confirmed by witnesses giving evidence on behalf of the major retailers. Both the QRTSA and the AWU were granted leave to be heard on the application. [5] In the course of hearing this matter, the Full Bench undertook inspections of the Mackay, Sarina and Walkerston area which was organised by the NRA. The program of inspections was agreed to by the QRTSA and involved some of the smaller retail traders. As part of the inspections the Full Bench attended the Mackay Regional Council 2 Chambers and met with a number of Councillors. Throughout this meeting representatives of the NRA, the QRTSA and the AWU were in attendance. [6] The matters relevant to our consideration of this application are those found in s. 26 of the Act which provides as follows: "26 Matters relevant to s. 21 order In relation to making an order under section 21 the industrial commission must have regard to - (a) the locality, or part thereof, in which the non-exempt shop or class of non-exempt shop is situated; (b) the needs of the tourist industry or other industry in such locality or part; (c) the needs of an expanding tourist industry; (d) the needs of an expanding population; (e) the public interest, consumers' interest, and business interest (whether small, medium or large); (f) the alleviation of traffic congestion; (g) the likely impact of the order on employment; (h) the view of any local government in whose area the order is likely to have an impact; (i) such other matters as the industrial commission considers relevant.". 2. WITNESSES [7] Evidence for the NRA in support of the application was given by: Joan Barrett, consumer (Statement Exhibit 5); Penny McMahon, retiree and consumer (Statement Exhibit 6); Peter Marr, Owner/Operator of a Boost Juice Franchise at Canelands Shopping Centre (Statement Exhibit 7); Mark Johnson, TAFE teacher and consumer (Statement Exhibit 8); Jared Symons, Owner/Operator of a Health Habits franchise at Canelands Shopping Centre (Statement Exhibit 9); Susan Spratt, consumer (Statement Exhibit 10); Merryn Ward, Owner/Operator of a Gloria Jeans franchise at Mt Pleasant Shopping Centre (Statement Exhibit 11); Scott Wallace, Regional Retail Support Manager Queensland, Woolworths Limited (Statement Exhibit 12); Melanie Green, Regional Manager NSW/Victoria for Lend Lease Retail (Statement Exhibit 13); Barry Waters, Regional Manager for Big W Discount Stores (Statement Exhibit 14); Lesley Sivyer, consumer (Statement Exhibit 15); Anjuna Singh, Retail Asset Manager for Macquarie Asset Services Ltd (Statement Exhibit 16); David Phillips, General Manager of Mackay Tourism Limited (Statement Exhibit 17); Gerard Winzenberg, District Manager for Target Australia Pty Ltd in Queensland (Statement Exhibit 18); Ray Allan, Centre Manager of the Mt Pleasant Greenfields Shopping Centre, Mackay (Statement Exhibit 19); Don McBryde, National Lease Administration Manager for the Colorado Group (Statement Exhibit 20); Warwick Powell, Managing Director of Transpac Consulting Pty Ltd, a multi-disciplinary business development firm, and a market research company (Statement Exhibit 21); David Stout, State Compliance Manager for Coles, and authorised to represent Kmart (Statement Exhibit 22); Perry Kilsby, owner and operator of Book City, Sydney Street Markets (Statement Exhibit 34); Katherine Julieanne Podnar, National Sales Director, Jeans West (Statement Exhibit 35); Narelle Anne Cooper, owner and operator of the Walkerston Newsagency, Walkerston Shopping Village (Statement Exhibit 36); Stephen Harris, General Manager Universal Store (Statement Exhibit 37); Greg Chapman, Corporate Legal Counsel for the SSI Group, including WOW Sight and Sound (WOW) (Statement Exhibit 38); Holly McDonald, owner and operator of a Donut King Franchise at Canelands Central Shopping Centre (Statement Exhibit 39); Ron Reseck, Operator of three McDonalds franchises at Canelands Central Shopping Centre, North Mackay and the Mackay CBD (Statement Exhibit 40); Gary James Dorman, Regional Manager for JB Hi Fi Limited (Statement Exhibit 41); 3 Sonia Moura, Human Resources Manager for Speciality Fashion Group comprising Katies, Miller's Fashion Club, Crossroads, Autograph, Queenspark and City Chic (Statement Exhibit 42); Anna Cristaldi, Human Resources Manager for Lorna Jane (Statement Exhibit 43); James Dever, Regional Manager for City Beach in Queensland (Statement Exhibit 44); Vanessa Miles, National Human Resources Manager for Diva (Statement Exhibit 45); and Melanie Hourigan, State Manager for Angus and Robertson in Queensland (Statement Exhibit 46). [8] Evidence for the QRTSA in opposition to the application was given by the following persons: Andrew Archie McMurtrie, working partner, Terry White Chemists Mackay and Canelands Centre Medical Pharmacy (Statement Exhibit 23); Gabriele Giannangelo, Director GASMC Pty Ltd trading as Battery World Mackay (Statement Exhibit 24); Justin Francis Englert, Manager FoodWorks East Mackay (Statement Exhibit 25); Donna Abbot, Manager for the De Campo Mini Market Mackay (Statement Exhibit 26); Cherry Feeney, Mackay resident and business person (Statement Exhibit 27); Jenelle Schembri, Director/Owner of Sasstow Pty Ltd, trading as Danoz Directions Mt Pleasant (Statement Exhibit 28); Rebecca Formosa, Owner Manager of Billy Baxter's Café Mt Pleasant Shopping Centre (Statement Exhibit 29); and Robert George Christensen, Councillor, Mackay Regional Council (Statement Exhibit 30). [9] In dealing with the evidence presented during the course of the hearing we shall do so under the specific criteria the Commission must have regard to as provided for in s. 26 of the Act. 3. THE LOCALITY, OR PART THEREOF, IN WHICH THE NON-EXEMPT SHOP OR CLASS OF NON- EXEMPT SHOP IS SITUATED [10] The application seeks to amend the Order to allow Sunday trading in the Mackay area which includes Sarina and Walkerston. [11] According to the evidence of Mr Wallace, Woolworths Limited has the following stores in the area, subject of the application: Woolworths Canelands - Canelands Shopping Centre Mulgrave Road Mackay; Woolworths Mt Pleasant - Phillip Street, North Mackay; Woolworths Walkerston - 4 Creek Street, Walkerston; Woolworths Sarina - Broad Street, Sarina; Woolworths Andergrove - 23 Oak Street, Andergrove, Mackay. [12] Ms Green said that Canelands Central is the premier shopping destination in the Mackay region, and is located a short distance from the Mackay Central Business District (CBD). Canelands Central is anchored by a number of non-exempt retailers. Ms Singh said that Macquarie
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