Building Owners and Managers' Association, Australian Council of Shopping Centres, Gold Coast Region and Another v Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees and Another [1991] QIRC 185 (1991) 137 QGIG 149

148 QUEENSLA.1\JD GOVERNMENT INDUSTRIAL GAZETTE [8 June, 1991 ,. • f. ; . . . . . . . • . . . : . • . •. 8 June, I 991 J QUEENSLAND GOVEKl\fMENT JNDUSTRlAL GAZETTE 149 QUEENSLAND lNDUSTRlAL RE LATIONS COMM!SSION INDUSTRIAL RELATIONS ACT 1990-1991 Trading Hour s Act 1990 s. 5. 1 - application for trading hourcs variation Bu il di ng Owners and Manage rs ' Association, Australian Council of Shopping Centres, Gold Coas1 Region and Another AND Shop, Distributive and All ied Employees Association (Queensland Branch) Union of Employees and Another (No. B162 of 1991 ) TRADING HOURS - NON -E XF.MPT SHOPS TRADI NG BY RETAlL ·- STATE CHIEF INDUSTRIAL COMMISSIONER LEDLIE COMMISSIONERS BO UGOU RE, FISHER 29 May 1991 Trading Hours - Extended Trading Hours - Go ld Coast Region - Public Interest - Lions International Convention - Hours of Work - Temporary Extension of Trading Hours Granted - Arbitrated Matter - 5 Extra Late Nights Granted - Sunday 10.30 a.m. to 4 p.m. DECISION This is an application by the Building Owners and Managers' Association, Australian Council of Shopping Centres, Gold Coast Region for a temporary extension of trading hours for non-exempt shops trading in the Gold Coast area for the period of the Lions International Convention. The application seeks the extension of tradiog hours to 9.00 p.m. on each night from Monday 17 June 1991 to and including Saturday 22 June 1991. Late night trading on Thursday has previously been approved by the Commission for non-exempt shops in the Gold Coast area and is, consequent ly , not affected by this claim. Trading is also sought on Sunday 23 June 199 1 between 8.30 a.m. and 6.30 p.m. This claim follows a similar claim bv the Retailers' Association of Queensland L im ited, Union of Employers (RAQ) for a temporary extension of trading hours for non-exempt shops in the Brisbane Ci ty He an area fo r the period of J 7 June to 21 June 19 9 I (B206 of 1990) That application was granted by the Commission in Octob<:r 1990 ( 13 5 QGlG 818). Evidence was gi ven by Judith Maestracc i, Chief Executive, Gold Coast Visitors and Convention Bureau. Ms Ma.estracci is also the representative of the Bureau on the Lions Convention Board. During her evidence, Ms Maestracci explained the involvement of the Bureau with the Convention, panicuJarly in re lation to accom- modation and also the education of shopping centre tenants, independent retailers and transport operators. Copies of newsletters and other publications were tendered to demonstrate the activities of the Bureau in relation to publicity. Ms Maestrncci also infonned the Commission that approximately two-thirds of the Lions attending the C'..onvention will be accom- modated at the Gold Coas t. We were advised that few officia.1 fun ctions are scheduled for the evenings , thus freeing visitors to engage in leisure activities. Ms Maestracci indicated that the last shuttle bus would depart from Brisbane at 6 p.m., thus providing opportunities for shopping. The RAQ supported the application. Th e Queensland Retai l Traders and Shopkeepers Association (Industrial Organization of Employers) (Q RTSA) and the Shop, Distributive and Allied Emplovees Assocjation (Queensland Branch) Union of Employees (SDA) •opposed the application at length. They recognised that additional hours had been determined by the Commission with respect to the Brisbane City Hean, but questioned the Justification for the extension sought for the Gold Coast. As noted earlier, the application now before us seeks to extend tra_d1ng hours on Saturday 22 June and Sunday 23 June 1991. The evidence of Ms Maestracc i was that the majority of international v1s11or_s would be departing the Gold Coast over the three days follow111g the conclusio.n of the Convention on 21 June 1991. S1gn i fican1 numbers of attendees would still be on the Go ld Coast over the week-end fo r which ex tended tradi ng was sought. Havin~ considered the submissions and other relevant material, we believe that special circumstances exist which warrant us grant- ing a temporary extension of trading hours. As we stated in our decision in Case No . B206 of 1990, the Lions Convention is a significant event. We wnside r that, in the particular circumstances, trading hours sbouid be extended to accommodate the substantial intlux of tourists to the Goid Coast. We accept that there is validity in the application insofar as it relates to extending trading hours to 9 p.m. from Monday 17 June I 99l to and including Saturday 22 June l 99 1. We are not persuaded to grant in full the e11tension sought fo r Sunday 23 June 199i, but be lieve there is justification to enable non-exempt shops to trade between the hours of 10.30 a.m. to 4 p.m. oo that day. The possibility of employees being compelled to work ionger hours or shops being obiiged to open by their .landlords during the period concerned has also been raised. Although Mr Moloney gave com- mitments to the following during his submissions, we consider that it is appropriate to repeat the comments made by the Full Bench in respect to this matter in the decision of Car,e No . B206 of l 991. In that matter the Bench said:- " We recognise that the nature of the Convention and the fact that only several nights are involved could not impose continuing obligations in that regard. However, in reachi ng th ese conclusions we have relied upon the assu rances given for the applicants that tr'dding will be voluntary. We also expect that employees will work reasonable overtime and that an y genuine requests to be excused from working will be considered fairly." . (135 QG!G 818) All respondents were critical of the late filing of this claim and submitted it should have been canvassed with the initial application relating to the Brisbane Ci t) Heart. Th ey contended inadequate time was now available 10 prepare fo r changes in hours. The criticism is understandable, however we do not believe the unspec- ified implications of that factor should be a deterrent to granting extended hours which we believe are warranted. Our preparedness to respond in those circumstances should not be misunderstood. The Commfasion's requirements are that reasonable time muM be aUowed to ensure compliance with ail relevant procedures. An applicant failing to have regard for those requirements takes a grave risk of an application not being able to be dealt with in time. We also record there has earlier been criticism that the Commission. in granting extended hours for the Brisbane City H ean during the Lions Convention, should have then gran ted similar provisions for the Go ld Coa st. The Commission deals with matters which are correctly before it. The application B206 of 1990 LO which tha t comment refers was made specifically in relation to the Brisbane City Heart and ga ve no scope for consideraaon of trading hours in any 01her iocality. We order accordingl). L.N. LEDLIE, Chief Industrial Commissioner. R.W. BOliGOU RE , Commissioner. G.K. FISHER. Commissioner. Appearances:- Mr L. Moloney, with him Ms K. Payne, fo r the Building Owners and Managers' Association, Australian Council of Shopping Centres, Gold Coast Region. Mr R. Swain for the Queensland Retail Traders and Shopkeepers Association (Jndustrial Organizat.ion of Employers) (QRTSA). Ms K. Lvmberry for the Retailers' Association of Queensland Limited, Union of Emplo ye rs (RAQ). Mr C. Case y for the Shop, Distributive and Allied Employees Association (Q11eenstand Bra nch) Union of Employees (SDA). Operative Date: I 7 June I 991 Decision - Trading Hours -- Gold Coast : ' i 1 -- 1 of 1 --