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Review of the 2015 amendments to the Retail Trading Act 2008 

The Independent Review of the Retail Trading Amendment Act 2015 has been completed and a report prepared by Professor Percy Allan AM was tabled in the NSW Parliament on 10 August 2017.

Report of the Independent Review of the Retail Trading Amendment Act 2015

10 August 2017 - Media Release - Boxing Day Shopping Here to Stay in NSW

: Submissions have now closed.

On 19 November 2015 the State Parliament supported the NSW Government’s plan to amend the Retail Trading Act 2008 to allow all shops and banks across NSW to trade on Boxing Day subject to staff freely electing to work.

The amendments also strengthened the right of shopkeepers to keep their shop closed on a restricted day and introduced or significantly increased penalties for non-compliance.

As part of the changes Parliament agreed to an independent review after their second year in operation, to determine whether the policy objectives of the 2015 amending Act remain valid and whether its terms remain appropriate.

The Treasurer and Minister for Industrial Relations, the Hon Dominic Perrottet MP, appointed Professor Percy Allan AM to undertake the review. A report on the outcome of the review is to be tabled in Parliament no later than 1 September 2017.

Correspondence was sent to stakeholders in the retail sector asking them to provide information about:

  • The success or otherwise of Boxing Day trading for retailers, consumers and employees;
  • The effectiveness or otherwise of mechanisms or policies that may have been in place to ensure staff were not coerced or harassed to work;
  • Pressure, if any, placed on retailers by their lessors to open their business on restricted trading days and how that was resolved.

The time for lodging submissions has now expired.

In excess of 1000 individual contributions received by email and letter will be taken into account by the independent reviewer but not published.

The submissions lodged by stakeholder organisations:

Australian Christian Lobby
Australian Retailers Association
Liquor Stores Association NSW
Master Grocers Association Independent Retailers
National Retail Association
NSW Business Chamber
Retail Council 2017
Shopping Centre Council of Australia
Shopping Centre Council of Australia (Supplementary Submission)
Social Issues Committee Anglican Church Diocese of Sydney
Sydney Business Chamber
Unions NSW
Wollongong City Council
Yasmin Catley - Member for Swansea

Shop Distributive and Allied Employees’ Association Newcastle and Northern
SDA Newcastle & Northern Branch Submission

Shop Distributive and Allied Employees’ Association NSW Branch
SDA NSW Branch Cover letter
SDA NSW Branch Submission
Appendices (see below)

Shop Distributive and Allied Employees’ Association, New South Wales
SDA NSW Preliminary Submission
SDA NSW Cover letter
SDA NSW Submission
Appendices (see below)

Appendix A Example responses from SDA members on the importance of Boxing Day
Appendix B McKell Institute 2012 Report – Does our spending increase?
Appendix C McKell Institute 2016 Report – Retail trading Boxing Day
Appendix D McKell Institute 2012 Report – The economic impact of deregulating Boxing Day trading in New South Wales
Appendix E SDA Boxing Day Form
Appendix F AGAPE Economics – an examination of the social and economic impact of the regulation of retail trading restrictions in Australia
Appendix G Menzies submission
Appendix H Response from NSW Industrial Relations
Appendix I Response from NSW Industrial Relations
Appendix J NSW Industrial Relations statement in relation to alleged breaches by Woolworths Supermarkets of retail trading laws