48 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 January, 2002 ########################################################################################################################## # QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Trading (Allowable Hours) Act 1990 – s. 21 – trading hours orders on non-exempt shops Retailers’ Association of Queensland Limited, Union of Employers AND Queensland Retail Traders and Shopkeepers Association (Industrial Organisation of Employers) and Others (No. B810 of 2001) TRADING HOURS – NON-EXEMPT SHOPS TRADING BY RETAIL – STATE VICE PRESIDENT LINNANE COMMISSIONER EDWARDS COMMISSIONER SWAN 21 December 2001 Application to amend Trading hours non-exempt shops trading by retail – State – Trading hours sought for Sunday in Brisbane and near metropolitan areas – No opposition from major retail organisations of Employees – National Competition Policy considerations – Inspections at various locations in Sydney, Melbourne and Brisbane – Extensive witness evidence – Opposition from Queensland Retail Traders and Shopkeepers Association (Industrial Organisation of Employers), National Meat Association of Australia (Queensland Division) Industrial Organisation of Employers and Jezreel Pty Ltd – Reference to similar trading hours application heard during 1998 – considerations as to whether an “all-or-nothing” case – no “fall-back” position adopted by applicant – Impact of pre-Christmas Sunday trade considered – Application granted part only – Operative from 1 July 2002. DECISION This application seeks to amend the Trading Hours Order – Non Exempt Shops Trading by Retail – State (the Order) as it relates to the trade by non- exempt shops on a Sunday between the hours of 10.00a.m. and 5.00p.m. in the Brisbane and Near Metropolitan Areas. The application is made by the Retailers’ Association of Queensland Limited, Union of Employers (RAQ). The application was not opposed by either the Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees (SDA) or the Australian Workers’ Union of Employees, Queensland (AWU). It was opposed by Queensland Retail Traders and Shopkeepers Association (Industrial Organisation of Employers) (QRTSA), National Meat Association of Australia (Queensland Division) Industrial Organisation of Employers (NMAA) and Jezreel Pty Ltd (the owner of the New Farm Merthyr Village). Currently, within the defined area under consideration, a number of Sunday trading orders exist. These include the Area of City Heart of Inner City of Brisbane (including the Coles Express store in Edward Street) and the Area of New Farm of Inner City of Brisbane. Hardware stores may also trade on Sundays between the hours of 8.30a.m. and 4.00p.m. Non-exempt shops in the defined area are also able to trade on the last three Sundays prior to Christmas as a result of a decision of this Commission in 2000. At the commencement of this hearing, brief submissions were made on behalf of both the Minister for Industrial Relations for the State of Queensland and the SDA. The essence of those submissions are referred to hereunder. Minister for Industrial Relations for the State of Queensland Submission The submissions made on behalf of the Minister neither supported nor opposed the application before the Commission. The submissions made replicate those made on previous occasions by the Minister and relate to the fact that the State of Queensland is a party to the Competition Principles Agreement (11 April 1995) made between the Commonwealth and the States and Territories. This Agreement is part of the National Competition Policy reform package. The principles require the review of all legislation that restricts competition. The Legislation applicable to this matter (Trading (Allowable Hours) Act 1990) is one of the pieces of legislation that is listed for such review. The Minister believes that decisions made by the Queensland Industrial Relations Commission pursuant to the provisions of the Trading (Allowable Hours) Act 1990 (Act) are an appropriate discharge of the Government’s obligations under clause 5 of the Competition Principles Agreement. We have considered those submissions in the making of this decision. SDA Submission The SDA stated that it had surveyed its members with regard to the current application to ascertain their views. Approximately 83% of responses stated that the SDA should negotiate the best possible Sunday trading outcomes, primarily around the principle of work on Sundays being a matter of choice for employees. As a consequence of this response from its members, SDA stated that it would not oppose the application as lodged. It was submitted by the SDA that negotiations with the Retailers’ Association of Queensland Limited, Union of Employers (RAQ) had produced an agreement whereby if the current application were to succeed the SDA would file an application for a new Award entitled “Voluntary Extended Trading Hours – Non-Exempt Shops – Award – State” and the RAQ would support such an application. The agreement reached with the RAQ also involved an operative date of 1 July, 2002. The RAQ confirmed those specific points of the agreement reached with the SDA. The AWU is in a similar position to that of the SDA having supported the SDA’s submissions. 11 January, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 49 Inspections Inspections were undertaken by the Full Bench in the following areas and at the following trading venues:– Melbourne Sydney Brisbane Melbourne CBD Sydney CBD Morayfield Shopping Centre Camberwell Burke Road Strip Centre The Homemaker SupaCentre Deception Bay Shopping Centre Chadstone Regional Shopping Centre Westfield Miranda Pick n Pay Hypermarket Broadmeadows Town Centre Menai Marketplace Westfield Chermside Epping Plaza Regional Shopping Centre Wattle Grove Spotlight Chermside The Stables Surry Hills Westfield Toombul (including Toombul Music) Office works Castle Towers Endos Paddington Myer Megamart Norwest Marketown Stones Corner Clive Peeters Newtown Westfield Carindale Marrickville Metro Clive Peeters Capalaba Park Shopping Centre Garden City Shopping Centre IKEA Logan Hyperdome Ipswich Brassal Yamanto Indooroopilly Shopping Centre Kenmore Toowong Village Cannon Hill Kmart Plaza Cleveland Harbourside Shopping Centre Merthyr Village at New Farm The Full Bench took no oral evidence during the course of these inspections. Whilst all witness evidence will not be specifically referred to in this decision. All such evidence has, however, been considered. Brief Summary of RAQ Evidence Donald Grover Mr Grover is the Store Director who is responsible for 34 David Jones Departmental Stores and two warehouse stores. Mr Grover is also an Executive Director of the Company. Mr Grover stated that “in 1997, David Jones undertook a major research project aimed at preparing its corporate strategy and tuning its knowledge of its core customers’ profile” and he outlined to the Commission the characteristics of the David Jones target customer. The project results also considered issues touching upon lifestyle, shopping behaviour, character and behaviours, shopping experiences and recreational activities. Evidence was given with regard to the impact of Sunday trade in David Jones Robina (Gold Coast) store. The growth in sales over the pre Christmas Sunday trading period at that location was significant when compared with sales at other times. Mr Grover claimed that, as a national trader, David Jones was in a good position to compare the performance of stores in five Australian states. Statistics were produced to show the level of sales on a Sunday by stores across those states – e.g. in the first year of trade at the Glen Waverley in Victoria overall store sales increased by 12%. Neill Ford Mr Ford is the Managing Director of Yellow Cabs Queensland Pty Ltd. The evidence before us is that Yellow Cabs Queensland Pty Ltd is the largest supplier of taxi services within the State. According to the evidence of Mr Ford the introduction of the GST has had an adverse impact upon the business. Were the application to be granted, Mr Ford believed that it would assist his business significantly. Yellow Cabs also operated many “maxi taxis” and had a courier service that could guarantee a courier to transport goods within a period of 17 minutes. Mr Ford stated that much of the company’s work emanated from shopping centres. Peter Boyington Mr Boyington is the Executive Administrator of the Colorado Group Ltd. The Colorado group is a national footwear and apparel retailer encompassing stores such as Colorado Adventure Wear, Mathers Shoes, Skids and Williams the Shoeman. Mr Boyington stated that, based upon its retail experiences in Victoria and New South Wales, it would expect to achieve between approximately 9 to 12% of its weekly sales on a Sunday. The statistics with regard to this retailers’ business, showed that while trade had increased on a Sunday in those areas where trade was permitted, trade generally over the week had decreased but not, as Mr Boyington stated, as a consequence of Sunday trade. Graham Day Mr Day is the Director of Sales and Marketing for Panasonic Australia. From his knowledge of sales trends within this industry, Mr Day stated that the majority of sales or decisions to buy Panasonic occurred on a weekend and particularly on a Sunday “when customers have the ability to absorb information related to the product technology and price”. Because the type of products sold and their increasing sophistication, customers need to spend time learning the operations