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Completing and submitting the application form 

Section 10 (2) of the Retail Trading Act, 2008 and the Retail Trading Amendment Regulation 2011 clearly states that the Secretary must not grant an exemption for a shop unless satisfied that it is in the exceptional circumstances of the case and in the public interest to do so.

The Secretary must have regard to the following matters:

  • The details of the shop, restricted trading day, location(s) and proposed trading hours.
  • The nature of the shop and kind of goods sold.
  • The need for the shop to be kept open on the day concerned.
  • The likely effect of the proposed exemption on the local economy, tourism, and small  and other businesses in the area.
  • The likely effect of the proposed exemption on employees or, or persons working, in the shop.

Information you need to supply with your application 

Providing information in support of you application is important to the processing of your application. Failure to provide the information required by the Secretary may result in the application being rejected.

The following material is designed to explain the information required to be provided with an application, and it will assist the processing of your application.

Please note that the following information is general in nature and is intended for use in preparing an application. It does not guarantee an exemption being granted.

Business name – when completing the application form, it is important to clearly complete the name of the business applies to, identify the trading name of the business, and if the application applies to numerous locations, attach a list of all current locations the application applies to.

Exceptional Circumstances - The Secretary of NSW Treasury may only grant an exemption if satisfied that it is, in the exceptional circumstances of the case, in the public interest to approve this application.
Please specify the exceptional circumstances in support of your exemption application for each shop and restricted trading day(s). "Exceptional circumstances" must be more than "special circumstances" to satisfy the requirements under section 10(2) of the Retail Trading Act 2008.
[For guidance on the test for "exceptional circumstances", please refer to Dwyer v Department of Services, Technology and Administration and Kmart Australia Limited [2010] NSWADT 312.]

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The details of the shop, restricted trading day, location(s) and proposed trading hours 

  • Please specify the shop and restricted trading day (if more than one shop information in relation to each location must be supplied)
  • Please nominate the proposed trading hours:
    Commencing at    (am/pm)
    Closing at:     (am/pm)

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Nature of the shop and kind of goods sold 

Information that may be relevant includes:

  • the size of the shop – number of employees and annual turnover,
  • the nature of trade – whether it is seasonal or driven by other factors,
  • the type(s) of goods predominately sold.

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Need for the shop to be open 

Information that may be relevant includes:

  • A description of the imperative for the goods sold by the retailer to be available for purchase on the restricted trading day(s),
  • Outlining any operational, business or financial reasons faced by the retailer, or
  • Identifying any social, community or cultural events planned occurring in the immediate vicinity (such as agricultural shows, concerts, community celebrations, and/or or sporting events) or supply information outlining why there is a need for the shop to be open on the restricted day/s being sought for,
  • Explaining how trading on a restricted day(s) by the retailer supports the observation of the restricted trading day as a public holiday.

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The likely effect of the proposed exemption on the local economy, tourism and small and other businesses in the area 

Information that may be relevant includes:

  • A description of the retailers likely or typical level of sales on similar public holidays.
  • An estimate of the increased earnings of employees who volunteer to work on the restricted trading day.
  • Evidence of support for trading within the local economy and community, such as petitions, surveys or letters of support from civic and business authorities.
  • An explanation of the value of tourism in dollar terms to the local economy (especially how the retailer trading will benefit tourism), and/or
  • Evidence of the effect on small and other businesses in the area from the retailer trading on the restricted day.

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The likely effect of the proposed exemption on employees of, or persons working in the shop(s) 

Information which may be relevant includes:

  • The number of staff who may be expected to work on the restricted trading day and hours likely to be worked.
  • The process that will be used to ensure the voluntary staffing provisions under Section 13 of the Act are complied with, and
  • A list of industrial instruments (awards, enterprise agreements or other arrangements applying to the retailer) that applies to workers likely to work on a restricted day.

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Submitting your application form 

Once you have completed the application form (pdf 72Kb and word versions), the form must be submitted to: shoptrading@industrialrelations.nsw.gov.au
or

NSW Industrial Relations
GPO Box 5469
Sydney NSW 2001

If there are any questions about the process to seek an application, please call 131 628. 

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