Shop Until You Drop On Boxing Day

Table of Contents

Share at:

After a recommendation in an independent review to trial Boxing Day trading in 2015 and 2016, the state government has confirmed it will continue to legislate for the holiday to apply to all of NSW.

Background

Before reforms in 2015, shoppers located far from Bondi Junction and Sydney’s CBD could not access Boxing Day sales. However, this changed after a successful day of sales over the past two years. With the introduction of the trial, all shops were able to trade for the first time. Consumers have taken advantage of this extra day by spending an estimated $800 on bargains in 2016. Treasurer Dominic Perrottet said to news.com.au the statistics demonstrate “there is clear support for giving all retailers the option of opening their doors on one of the biggest trading days of the year.”

Outcome

Although retailers are permitted to operate on a public holiday, there is one condition business owners must abide by. Business owners must give their staff a choice to work. Following feedback from retailers, employees and shoppers, the state government plans to level the playing field for both shoppers and businesses. The state government intends to achieve this by implementing an advertising campaign to ensure retailers and employees are fully aware of their rights before this year’s Boxing Day.

In response to these cases, NSW Industrial Relations investigators reinforced the law requires staff to freely elect to work. “Freely elect to work” means workers must not be coerced, harassed, threatened or intimidated by or on behalf of the occupier of the shop. This includes rostering a person to work on the next day.

Under the current law, there are penalties for businesses who pressure their employees to work on Boxing Day. For example, business may face fines of up to $11,000 per employee whereas landlords who coerce retailers to open will face fines of up to $22,000. Therefore retailers, particularly in the former Sydney Trading Precinct, should be aware of this condition. If an employee chooses not to attend work on Boxing Day and subsequently experiences adverse consequences, the employee can lodge a claim for adverse action, discrimination or bullying under the Fair Work Act 2009 (Cth).

For more information about adverse action, check out the Fair Work Ombudsman’s Protections At Work.

Final Thoughts

Over the next few months it is expected legislation will enable the 2015 reforms to be introduced.

If you require advice on how to manage employment matters in your business, LawPath recommends getting in touch with an employment lawyer.

Let us know your thoughts about the state government’s commitment to stick with Boxing Day trading by tagging us at #lawpath or @lawpath.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

9 Virtual Office Benefits To Know (Before You Dismiss the Idea)

On the fence about getting a virtual office for your business? Here are 9 virtual office benefits that will change your mind.

Understanding Document Retention Legal Requirements

In some instances, the law requires you to retain documents and data. In others, it requires you to destroy them. Read this article to find out about document retention requirements, relevant periods, and commercial best practice.

Do I Really Need To Transfer My Sole Trader Business Name If I Register A Company?

Do you really need to transfer your sole trader business name if you register a company? Learn what’s required.

How to Start a Small Warehouse Business: The Only Guide You Need

Have you ever wondered how to start a small warehouse business? Read this article to find out how.

How to Start an Occupational Therapy Business

Have you ever wondered how to start an Occupational Therapy business? . Read this article to learn how.

Should You Use A Mutual or One-Way NDA? (2027 Update)

As a business owner, it's important to protect your confidential information in every context. Find out the difference between one way and mutual NDAs here.