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 48 (1991) 136 QGIG 446

.., 446 QUEENSLAND GOVERNMENT INDUSTRI AL GAZETTE [ 16 March, 1991 QUEENSLAND INDUSTR IAL RELAT IONS COMM I SS ION INDUSTRIAL RELATIONS ACT 1990 Trading Hours Act 1990 s. 5. I - application for trading hours variation Buildin~ Owners and Managers Association, Australian Council of Shopping Centres - Gold Coast Region and Another AND Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees and Another ( No. B5 1 of 1991) TRA DI NG HOURS - NON-EXEMPT S HOPS TRADll'G BY RETAIL - STATE CO MMISSIONERS ASHWOOD, FISHER, DEMPSEY 4 March 19 91 Trading Hours - Extended T rading Hours - Gold Coast Area - March I 991 - I nd y Car Grand Prix - Late Night and Sundav Trading - T ourism - Opposition to Claim - Arbit rated Matte'r - Special Event - Support/ng Events - Voluntary T rading - Volun ta ry Work - Apphca11on Gran ted in part - Hours set for Late Night and Sunday Trading 11 to 17 March 19 9 l. REPORT ON DEC IS ION In giving its decision from the Bench on 4 March I 991 t he Full .Bench state d:- .. We have given consid eration to the application before us. We accept th at th·e I 991 Gold Coast Indy Car Grand Prix is a special even t. We arc aware that th is is the first occasion such an even t has been undertaken at the Gold Coast. The Commission has been made aware of the numerous support i ng events which would be staged in the week c.ommen cing 11 March. H avini in mind the nature of the special event and the fact that it is bemg hel d at the Gold Coast we intend to grant the applicatio n in part. Should the event be staged in 19 92 or subsequent vea rs the Commission would expect that firm detai ls of attendances. use of carparks and other releva nt informati on would be made available to t he Commission in such proceedings and ind eed to the parties prior to the hearing. It may well be that a conference convene,l by the applicant would be beneficial. We are of t he view that trading hours fur non-exempt shops in the area defined as the Gold Coast Area should be extended fo r the week commencing I i March as follows: - Monda y, I! March 1991 - 8.30 a.m. io 9.00 p.m.; Tuesday, 12 March 199 1 - 8.30 a.m. to 9.00 p.m.; Wednesday, 13 March 199 1 - 8.30 a.m. to 9.00 p.m.; Thursday, 14 March l 99 1 - no chan ge; Friday, 15 March 1991 - 8.30 a.m. to 10.00 p.m.: Saturday , 16 March 1991 - 8.30 a.m. to 10.00 p.m.; Sunday, 17 March 1991 - 8.30 a.m. to 6.30 p.m. From the above, it can be readily seen that from the material before us, we are not convinced that trading in non-exempt shops should be permitted after 6.30 p.m. on Sunday, 17 March. In add ition, we would again express our views that on th is occasion the Commission believes trading by non-exempt shops in such extended hours shou ld be voluntary and the work bv emp loyees of such non-exempt shops after 5.30 p.m. on Monday ·, I, Tuesday 12 , Wednesday I 3, Friday 15, Saturdav 16, and at anvtime on Sunda y, 17 March should also be volun'tary. • To be fair to the parties, and indeed to the Commission. we wou ld suggest to the applicant that the I992 application should be file d at least six weeks prior to the event being staged. The Commission orders accordingly.". Dated th is fourth day of March, 199 I. By the Commission, [LS.] M.J. CALLEN. Industrial Registrar. 16 March , I 991 ] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Appea rances:- Mr L. Moloney, Miss K. Pa yne and Mr D. Childs for the Bu ilding Owners and Man agers Association, Australian Council ofShoppmg Centres - Gold Coast Region. Mr R. Swain for t he Queensl~nd Re tail Traders and Shopkeepers Association (Industrial Or ga111zat1on of Employers). Miss K. Lymbery for the Retailer s' Association of Queensland Limited, Union of Employers. Mr C. Casey for the Shop, Distributive and All ied Employees Assoc iation (Queensland .Branch) Umon of Emplo)•ees. Operative Date: 1. i March I 99 I Decision - Trading Hours - Gold Coast - March I 991 - Indy Car Grand Prix \. 447 -- 1 of 1 --