Shop Trading Bill 2008

The Hon. PENNY SHARPE (Parliamentary Secretary) [3.34 p.m.], on behalf of the Hon. Michael Costa: I move:

That this bill be now read a second time.

I seek leave to incorporate the second reading speech in Hansard.

Leave granted.

It is my privilege to introduce the Shop Trading Bill.

The Shop Trading bill will simplify and further deregulate shop trading hours in New South Wales.

In particular, the bill will remove restrictions on Sunday retail trading.

It will also streamline and clarify the restrictions, which apply on the major public holidays.

The New South Wales Government is committed to ensuring that regulation is required, reasonable and responsive. We are continuously seeking ways to reduce regulatory burden and red tape.

With that end in mind, in 2006 the New South Wales Government asked the Independent Pricing and Regulatory Tribunal to investigate any unnecessary regulatory burden imposed on business and the community in New South Wales and to make recommendations as to how we can reduce that burden.

On 5 October 2006, IPART provided the Government with the final report of its Investigation into the Burden of Regulation and Improving Regulatory Efficiency.

In its initial response to IPART's report, the New South Wales Government announced a number of reforms to regulatory processes.

These included a strengthened role for the Minister for Regulatory Reform, and the establishment of a Better Regulation Office to ensure that the processes by which regulation is developed are best practice.

One of the specific recommendations made by IPART was that consideration be given to reforming shop trading hour restrictions.

To implement that recommendation the Better Regulation Office was charged with undertaking a review of shop trading hour regulation in New South Wales.

That review included a full public consultation process.

The reforms contained in this bill are the outcome of that review and consultative process, and implement most of the recommendations made by the Better Regulation Office.

The review into shop trading hours is just the first of a continuous process of improving regulation in New South Wales and of removing unnecessary red tape.

I turn now to consider the bill.

The bill repeals the Shops and Industries Act 1962.

That Act, which is now nearly half a century old, purports to regulate, in minute detail, which shops can and cannot open on Sundays and public holidays.

The Act is complex, arcane and outdated.

I think it would surprise most people to discover that the Act currently says that no general shop in New South Wales can trade on a Sunday.

Of course shops in New South Wales open on Sunday.

We live in a "twenty four—seven" economy. People are juggling busy family and work lives. They need the flexibility to shop at times that are convenient to them.

The public need and expect to be able to shop on a Sunday given modern lifestyles.

Currently, though, for a general shop to open—and that includes every Coles and Woolworth's, every David Jones and every Myer —to open on a Sunday, it must apply for a specific exemption from the Director General of the Department of Commerce.

Literally thousands of these exemptions have been granted. Exemptions have been granted for shops in almost 70 per cent of local government areas throughout New South Wales.

And the few places where Sunday trading does not occur are relatively remote regional areas with insufficient population density to make Sunday trading economically viable.

This bill will do away with this unnecessary red tape.

Under the bill, the need to apply for a specific exemption to trade on a Sunday will be abolished.

Retailers will have the flexibility to open their doors on Sunday whenever their customers want them to and whenever they consider it is economically viable for them to do so.

The bill will only retain trading restrictions for major retailers on a few of the most significant public holidays—on Good Friday, Easter Sunday, Christmas Day, Boxing Day and before 1 pm on Anzac Day. These are our most significant public holidays.

The bill clears up an anomaly that exists under the current legislation.

At present, public holiday trading restrictions apply on the day on which the public holiday is observed, rather than the actual day of significance.

This means, for example, that if Christmas Day falls on a Sunday, then the shops are prohibited from opening on the holiday Monday, rather than on Christmas Day itself.

In previous years where Christmas has fallen on a weekend, special legislation has been necessary to deal with this anomaly. This bill does away with this anomaly altogether.

The bill also streamlines and clarifies the application of the trading restrictions on these four and a half public holidays, making it much easier to work out which shops are subject to the restriction.

Small shops and certain categories of shops such as chemists, restaurants and florists have always been exempt from trading restrictions.

The bill will retain the current exemptions for small shops. This means that those small stores that are currently able to trade, even on public holidays, will be able to continue to do so.

The bill also retains exemptions for particular categories of shops.

These comprise a limited range of shops, which the public needs to have access to on public holidays, or which have customarily been able to trade on public holidays, such as chemists.

The Government considers that these thresholds strike an appropriate balance between ensuring the freedom of small businesses to trade and customers to shop at times that are convenient to them, while at the same time recognising the importance of those days that have special community significance.

The bill contains transitional provisions, which mean that no shop, which currently enjoys unrestricted trading hours will become subject to new restrictions under this bill.

These include the grandfathering of existing exemptions which have previously been granted to allow trading on public holidays in certain "holiday resort" areas.

The Director General of the Department of Commerce will also retain a power to grant exemptions from the trading restrictions.

This power has been simplified and clarified, including by setting out in the legislation specific criteria, which need to be considered before granting an exemption.

Retail companies will be able to apply for an exemption for all their shops at once, for one or more restricted trading days. The process will be more user-friendly and flexible.

Of course, given that trading restrictions will now apply only on a handful of our most significant public holidays, the need for such exemptions should be significantly reduced.

I want to make it clear that nothing in this bill will affect the establishment and observance of public holidays in New South Wales.

Nor will the bill in any way affect industrial entitlements.

Public holidays in New South Wales are provided for under the Banks and Bank Holiday Act. Nothing in this bill will affect those provisions.

This bill does not take away any public holidays.

The bill also does not affect existing industrial entitlements in respect of public holidays. It does not affect entitlements to public holiday penalty rates.

The bill is only concerned with shop trading restrictions.

The reforms contained in this bill again demonstrate the Government's firm and ongoing commitment to reducing red tape.

They follow a public consultation process.

The reforms once again underscore that New South Wales is "open for business".

I commend the bill to the House.

The Hon. MATTHEW MASON-COX [3.35 p.m.]: I am pleased to lead on behalf for the Opposition on the Shop Trading Bill 2008. The bill will deregulate shop trading hours whilst restricting trading on Good Friday, Easter Sunday, Christmas Day, Boxing Day and up to 1.00 p.m. on Anzac Day. It was the Greiner Government that first allowed Sunday shop trading by exemption. Initially, these exemptions were mainly in holiday and coastal communities where the demand for Sunday trading was greatest. Over the intervening years the scope of Sunday trading has increased to such an extent that the time has finally come for businesses throughout the State to open when they wish, except for the declared restricted trading days. In November 2002 this House debated the Bank Holidays Legislation Amendment Bill, which enabled banks to trade on Saturdays and Sundays. Some eight months before the Parliament finally saw the legislation, the Government had lived up to its standard practice and pre-placed a story in the Sunday Telegraph that proclaimed:

Major banks in Sydney will open on Saturdays for the first time in 90 years by the end of this year.

While the paper got the 90-years claim wrong, the passage of that bill was supposed to bring a whole new era to busy consumers. We were all supposed to be able to go to the bank of our choice on a Saturday or a Sunday to conduct our business. Saturday trading occurs on an ad hoc basis; it is certainly still not a blanket policy. Sunday trading is all but unheard of, except for a few banks. Some members may recall that banks were open on Saturdays for 50 years from 1912 to 1962. In 1962, the then Heffron Labor Government, as part of a deal with the union movement to try to bring an end to Saturday morning shopping, also agreed that banks should close on Saturday mornings. It has taken another 40 years for the general public to get back what the Labor Government took away: the ability to go to a bank on a Saturday. Sunday bank trading is so rare that in November last year the Commonwealth Bank put out a press release saying it was offering "a new State of convenience with New South Wales Sunday trading." It was very happy to tell its customers and the public that it had secured a licence to trade on Sunday. The Commonwealth Bank was to compete with only the ANZ bank and BankWest in trading on Sundays.

The bill will enable certain shops exempted from trading restrictions to trade on restricted trading days. These include shops in markets conducted for charitable or public fundraising purposes, bookshops, chemists, newsagencies, music shops, souvenir shops and shops ancillary to venues for playing sport or other physical recreation. The bill will also enable the Director General of the Department of Commerce to exempt other shops from trading restrictions. On 5 June the Shopping Centre Council of Australia released a statement welcoming the decision, stating it would remove costly red tape from businesses. As it pointed out, only Western Australia and South Australia have more restrictive trading hours than New South Wales. Even with the changes proposed in the bill New South Wales will continue to have more limited trading hours than Melbourne, Canberra, Hobart and Darwin.

Perhaps controversially, the Shopping Centre Council has called for total deregulation of trading hours. As legislators, we have to be cognisant of the impact of this legislation on small business owners. For some, the changes the legislation will bring will not be welcome. Small business owners in small centres may have to open under the conditions of their lease. Alternatively, they may face stiff competition, which means they will have to open for longer hours on weekends to survive.

I have had personal experience of the former. The current business my wife and family operate in Queanbeyan is in a building away from a shopping centre, but I have had experience of owning businesses in major shopping centres in Canberra and the Canberra region. I can say from first-hand experience that significant pressure is applied to small business owners by shopping centre owners to open their businesses on a Sunday. There may be some flexibility, depending on the landlord, but some small business owners are required to open their businesses on a Sunday. It can be difficult to manage a small business. However, over the past 10 years there has been a massive increase in the popularity of Sunday shopping and that must be acknowledged. It is about getting the balance right and I think the bill does that. The Opposition does not oppose the bill.

Dr JOHN KAYE [3.39 p.m.]: The Greens do not oppose the Shop Trading Bill 2008, although we express concerns about the potential impacts on half a million workers in New South Wales shops and other retail outlets. It is important to ensure that they are not forced to work when others have a day off or a holiday. It is important to protect their rights—the right to a full life beyond employment to enjoy family, friends, culture, recreation and rest; the right to enjoy celebrations on special days with the rest of the community, friends and family; and the right to time off on Sundays in sync with family and friends to celebrate in each other's company. These hard-won rights, which were fought for by generations of working people, should not be surrendered lightly. We must ensure that when retail workers are forced to work when others are resting they are remunerated appropriately for the denial of participation in collective family and community celebrations.

Inevitably there is a trade-off between the rights of workers and the ability of working households to buy daily necessities and items. This is more than just a convenience. For many households that comprise adult employed people, extended trading hours are a matter of household survival. Another dimension is the generation of employment within the retail industry. Extended trading hours will probably increase employment opportunities for relatively low-skilled workers. That is a highly desirable outcome, given the low rates of employment particularly among younger people. Clearly, sensitivity is required in resolving the trade-off by protecting shop workers' rights to community celebration, properly remunerating shop workers who forgo that right, and ensuring that no retail sector employee is forced to work on public holidays or Sundays when he or she does not want to.

The bill repeals the current legislation, the Shops and Industries Act 1962, which restricts retail trading on Sundays and public holidays. In doing so, the bill removes restrictions on Sunday retail trading and on all public holidays, apart from the five protected public holidays—Good Friday, Easter Sunday, Anzac Day morning, Christmas Day and Boxing Day. Although trade is restricted on those five protected public holidays, the Director General of the Department of Commerce is able to grant exemptions. Clause 13 of the bill provides that shops must be staffed by workers who have freely elected to work on those days without any coercion or intimidation. Although I have concerns as to how that provision will be implemented and policed, at least the intention is in the bill. Pursuant to the Shops and Industries Act, the director general usually grants exemptions to the massive retail stores, such as Coles and Myer, to open on Sundays and some public holidays. The current practice for such exemptions is widespread. About 70 per cent of shops in local government areas enjoy these exemptions. The bill clarifies and formalises the current trading arrangements.

The bill will result in a substantial increase in the number of retailers that open on public holidays that are no longer restricted trading days. The Minister has given an undertaking in the agreement in principle speech in the lower House that the industrial entitlements of workers on public holidays, such as penalty rates, will not be affected by the passage of this bill. Unfortunately, this protection for workers does not extend to Sundays, for which employers no longer will have to apply for an exemption to trade. The Greens are concerned that employers will be able to compel workers against their will to work on a Sunday, which will have unacceptable impacts on their family lives, relationships, relaxation and stress levels. These potential impacts should be carefully monitored. The Greens are concerned that the bill will enshrine some of the worst features of the Federal Coalition's WorkChoices law.

The Government has promoted this bill as a way of cutting red tape. The bill does relieve an administrative burden on retail businesses by removing the need to apply for an exemption. However, all too often the rhetoric of cutting red tape becomes an excuse for reducing protections for employees, consumers and the environment. Often, it is more a statement of anti-regulatory ideology than a genuine concern to reduce costs. An outstanding example has been the dismal failure of the deregulation of banks, which promised to deliver benefits to consumers but has turned into an orgy of profit taking by the large banks and the slashing of working conditions of bank employees. The supposed benefits of banking deregulation and administrative cost cutting have come at the expense of employees and consumers. It is important that similar outcomes do not occur in the retail sector as a result of this legislation. The benefits must flow to both consumers and employees.

Clause 26 of the bill requires the Minister to review the Act after five years and table a report in both Houses within a further 12 months. The review will provide an opportunity to assess the impact of the legislation on the rights of employees. The Hon. Matthew Mason-Cox and the member for Ballina, Mr Don Page, in the lower House referred to the impacts on shop owners who are tenants in shopping centres in small and mid-size country towns. Despite a relatively low Sunday turnover, their lease may require those shop owners to trade when the shopping centre is open. This impact, which could adversely affect the viability of small shops, should be assessed. The Greens do not oppose the bill. I am interested in the position the Christian Democratic Party will take on this bill, given its commitment to the fourth commandment. In some religions it is the third commandment, depending on which side of the Reformation one stands.

The Hon. Matthew Mason-Cox: Which side do you stand on?

Dr JOHN KAYE: I stand right on top of it.

The Hon. Greg Donnelly: Not very successfully.

Dr JOHN KAYE: I acknowledge the theological comment from the Hon. Greg Donnelly and remind him of the importance of the separation of church and State. I will be interested to hear how the Christian Democratic Party resolves its commitment to the fourth commandment, the injunction for rest on the Sabbath, and its commitment to assisting the Government.

Reverend the Hon. Dr Gordon Moyes: If you will just be quiet, I will help you.

Dr JOHN KAYE: I look forward to that. The Greens do not oppose the bill.

Reverend the Hon. Dr GORDON MOYES [3.47 p.m.]: The Shop Trading Bill 2008 deregulates shop trading hours while still restricting trading on Good Friday, Easter Sunday, Anzac Day morning, Christmas Day and Boxing Day. The bill provides exemptions even for the restricted trading days for certain small shops, repeals the Shops and Industries Act 1962 and transfers provisions relating to weekday and weekend trading by banks to other Acts. In 1855, when a bill restricting Sunday trading was being considered by the English Parliament, the working classes rioted. They were furious that their prized one day off per week, when they could shop and attend entertaining events, was going to be taken away from them. It was an apparent effort on the part of the establishment to force them to attend church services. They pointed out that the wealthy classes, which passed the bill, were not affected and could do whatever they wanted with their Sundays.

The English rioters would have appreciated this bill, which seeks to keep shops open, rather than closed, on Sundays. Times change. The bill deregulates almost all the old restrictions that control when shops can open. Supporters claim that the bill will get rid of needless red tape and allow retailers to set hours in accordance with market demand, except for the most significant traditional public holidays. They argue that exemptions to trading restrictions have been granted for shops in almost 70 per cent of the New South Wales local government areas, and that the bill reflects the change in society over the past 50 years since the Shops and Industries Act 1962 came into effect. Almost every organised human society has had regular days off. Today societies all over the world have a day that perhaps was originally reserved for religious observance but now is set aside to help structure shared social life. Whether it is Fridays throughout the entire Muslim world, Saturdays in the Jewish world or Sundays in the Christian world, there have always been days set aside when the demands of the marketplace do not make a valid claim on us. The weekly observance of the Christian Sunday may no longer be shared by many in the multicultural Australian community, but the need for a shared day away from the demands of business to spend with the family still exists.

We are not asking people to "remember the Sabbath and keep it holy"—which, the previous speaker will note, was one of the Jewish commandments as well as historically being part of the Christian tradition, especially among Scottish Christians, or Presbyterians—but something from the same world view that applies to everybody. The need for humans to have opportunity for rest and recreation, as was argued so well by the Australian Labor Party in its historic eight hour day legislation, is still valid today. With the stress of modern life, it is more important than ever to hang on to every opportunity for rest and relaxation. We are asking that human beings not be defined as consumers, businesses, or individuals whose every desire demands instant gratification, and that the wording does not try to make it sound reasonable by terming it "choice". We reject that world view and the definition of humans as merely economic units.

We believe, rather, that our Creator makes us for the purpose of relationships: relationships with our community, with our nuclear and extended families, with His creation, and with Him. We meet the demands of the external world on five or six days of the week with duty and responsibility—where do people think the term "Protestant Work Ethic" comes from? But the seventh day belongs to us, to our families and to whatever meaning we wish to give it—away from the demands of the outer world. Whether we want to attend worship services, take our family to the zoo, play sport, see a play or visit our relatives, that time is our own. We must acknowledge and respect the basic human rhythm. People can give and give, but then they need the time to recharge and rest. Human beings are not machines: we are not running in the same gear 24/7—we are vulnerable creatures. Society and the marketplace seem to have lost sight of, and respect for, that basic human need.

When people demand choice about when they are able to shop, I ask "whose choice"? Is it the person who has to work on a Sunday who would rather be home with his or her family, but cannot afford to say no? It should be remembered that we are discussing an issue concerning the least skilled and least specialised workers: those who are required to work in shops on Sunday. Is there a social justice aspect to the question that we have not considered? Do such workers desperate for part-time hours have the right or ability to turn down work on Sundays? We are not talking about judges, lawyers, surgeons or scientists; we are talking about shop clerks. These jobs are filled mostly by working-class women who are helping their husbands support their young families, young people, and people either at the beginning of their working lives or at the end of their working lives. These are not people at the upper end of the social ladder.

I note that the bill provides for staff to be employed on Sundays supposedly without coercion, harassment, threat or intimidation by the owner or occupier of the shop or lessees in a shopping complex. But who is fooling whom? When the power imbalance is so striking, what employee or lessee would be foolish enough to say no? Kevin Rudd's Labor Party was voted into Federal Government on the strength of its pitch to the voters of being committed to "helping working families". How does this legislation contribute to that promise? If mothers and fathers cannot spend the weekends with each other and their families because of their conflicting work schedules that is a serious step backward for the working families of New South Wales.

For decades there has been increasing concern about the loss of community in our modern society being one reason for the rise in shocking antisocial behaviour. One aspect of community is people having the same days off to share activities and have the opportunity to participate in celebrations of shared values. Such occasions help to create and cement bonds and to reinforce our interdependence; they are opportunities to make our communal life more harmonious. If we are all to go our separate ways 24 hours a day, 7 days a week there will be no time for communal sharing of anything. This would be a huge loss psychologically, socially and emotionally, and to our sense of belonging to a society. If we share nothing of value we are not a functional society or people. Changing the rhythms and structures of society is very serious, and it must be reflected upon.

If Sunday is just the same as any other day, would members of this House be willing to come to work on a Sunday? It would seem to make more sense than working until 3.30 in the morning during the week. If members accept this principle, why not work on Sunday? A large number of bills and private members' business items are currently before the House. Are we prepared to work on those on a Sunday? Why do we not all come back this Sunday, for example, and discuss the urgent business of Parliament? I guess not many of us would like that idea. And why not? Because we are not shop clerks; we are not the pushed around and poor people within the community. We believe we deserve a day of rest: a day when we can put our private lives and our families ahead of our work and the time we spend in this Chamber—a well earned day away from here. Everyone else who has a job deserves that right too. After all, the Jewish Old Testament records that even our Creator rested on the seventh day after six days of work. Because of the negative impact of the bill on the community, working families and individuals, I cannot in good faith support it.

Reverend the Hon. FRED NILE [3.55 p.m.]: I support the comments of my colleague Reverend the Hon. Dr Gordon Moyes. I also do not support the Shop Trading Bill 2008 in principle. For many years there has been a big battle over Sunday trading. Usually the churches are very vocal in their support for preserving Sunday as not only a day of rest but also a day of worship for those who wish to worship. Obviously, going to church has always been voluntary and no-one insists that people go to church on Sunday. But human beings need time to rest and to get out of the rat-race. I believe that was God's intention when he said that one day in seven should be a day of rest, and that was the seventh day. However, after the birth, life, death and resurrection of Christ, the early Christians started worshipping on the first day of the week to celebrate the resurrection of Jesus Christ and the emphasis swung from religious activities on the seventh day to the first day of the week.

The churches then regarded the first day of the week as the Sabbath. One of the Ten Commandments says to keep the seventh day the Sabbath, and Sunday became the Sabbath. In fact, there are still Presbyterian churches that talk about Sabbath school, which is a Sunday school for children. Many churches transferred the Sabbath—the seventh day—to the first day of the week. That caused tensions because in the Jewish Old Testament there were many restrictions on what people could do on the Sabbath, and that still applies today in Israel. Apparently there is considerable conflict between the very committed Jewish groups, who insist on the observance of the Sabbath in line with the Old Testament, and the more secular Jewish residents in Israel.

But, in the main, Christians have come to recognise that Sunday is not the Sabbath and that the Jewish law should not be applied to the first day of the week—Sunday. However, Christians in general still want to have Sunday treated differently to the other six days of the week; they want it be a day of rest as far as possible in a modern, complex, commercial society where everybody wants to have access to shop seven days a week. People have been able to shop on a Sunday but the bill will take away any pretence of a special recognition of Sunday, which it has had historically. Shopping on Sunday has been limited until now. The bill will remove the current prohibition on Sunday trading by general retail shops. However, I commend the Government for retaining the prohibition on shops opening on Anzac Day before 1.00 p.m. and also on Good Friday, Easter Sunday, Christmas Day and Boxing Day.

The prohibition will apply to the actual holiday, not the day on which the public holiday is observed. I sincerely mean it when I thank the Government for retaining this practice because some have asked why, in a modern society, these Christian festivals should get special recognition. There may even be some Christians who do not support that recognition by the State. I personally have no problem with that. Australia is a Christian country in its culture, conventions and heritage. I am not suggesting that everyone in Australia is a Christian. The census indicates that about 67 per cent of the population acknowledges an affiliation with one or other of the Christian denominations. However, I do not believe that non-Christians would object to those Christian festivals being observed as they have been traditionally. I respect the Government for retaining the observance of such days as Good Friday, Easter Sunday, Christmas Day and the strange one we call Boxing Day.

I have said in debates on industrial relations legislation that the State's law should recognise the right of Jews to observe Saturday and the Muslims to observe Friday as their day of worship or rest. A huge proportion of our population are newcomers or first-generation Australians, and I am pleased to note that many of them are Christians, be they from Egypt, Lebanon, the Arab States, Korea, China, Vietnam or Cambodia. They have no problem with our society observing Good Friday, Easter Sunday and Christmas Day, and I am sure that they are keen for that observation to be retained. Some migrants have come from Communist countries, which do not recognise religious festivals. I know that many ethnic groups are very pleased that this country recognises its Christian heritage. Once again, I commend the Government for retaining that observance. However, I would still like to take the pressure off shop assistants and the owners of small shops who will feel obliged to open their doors on Sunday. They will be denied the opportunity to have a day of rest, even if they do not go to church.

The Hon. PENNY SHARPE (Parliamentary Secretary) [4.05 p.m.], in reply: I thank members for their contributions to this debate. I will first reiterate the business case for this legislation and then respond to some of the issues raised during the second reading debate. The Iemma Government is listening to businesses in New South Wales, and it has heard loud and clear what they have said about red tape. The Government is strongly committed to improving the economic environment for business in this State by cutting red tape, and cutting it severely. That is one of the key priorities in the State Plan commitment to growing prosperity across New South Wales.

The Government is working to implement the 74 recommendations that the Independent Pricing and Regulatory Tribunal made about reducing the burden of regulation in New South Wales. The first progress report shows that the Government has completed reforms for 23 of the 74 recommendations, 43 are on track to be delivered and eight are undergoing analysis. The amendment of shop trading hours regulation will fulfil another of the Independent Pricing and Regulatory Tribunal's recommendations.

I note that members are concerned about a pattern across the State, particularly in service industries and shops. However, we should reflect honestly about what has happened, the changing nature of work in our community and the fact that patterns of work have changed. The Shops and Industries Act was enacted in 1962 and has been gradually amended by successive governments over the years to keep up with changing work patterns and contemporary lifestyles. For example, in contrast to 40 years ago, many women now work during the week and, unless things change with regard to women bearing the burden of shopping and household duties, they must shop for their families on Saturdays and Sundays. The Government has been granting exemptions to businesses that apply to trade on Sundays. Exemptions are largely available to any shopkeeper who wants one, although the preparation of an application can involve thousands of dollars in administrative costs. Removing the Sunday trading prohibition is expected to only slightly increase the number of shops trading on Sundays, because exemptions are so common and easy to obtain. Sunday trading is already ubiquitous in New South Wales.

In response to Dr John Kaye's comments about employee entitlements, I point out that this bill does not affect employees' terms and conditions of employment. It is simply about saying that on particular days of special community significance larger retail shops must close. As the High Court's WorkChoices decision confirmed, the terms and conditions under which most retail employees are employed are now governed primarily by Commonwealth rather than State law. Section 612 of the Commonwealth Workplace Relations Act provides that employees are entitled to a day off on a public holiday and can refuse to work on a public holiday if they have reasonable grounds for doing so. The new Rudd Government has recently confirmed that a right to public holidays will be part of the minimum safety net standards for employees.

The Government believes that retail workers will not be greatly impacted upon by these reforms. The reality is that many value the flexibility of working over the weekend and having time off during the week. This is particularly the case for young women and parents who are studying or caring for children. These days also attract significant penalty rates and many use them to better manage their work/life balance. Working these days suits many parents, students and people with second jobs. This reform is not about putting extra pressure on workers. Workers still have the same rights; nothing has changed. Simply bringing shop trading legislation into practice will not affect employees. I thank members for their contributions and commend the bill to the House.

Question—That this bill be now read a second time—put.

The House divided.
Question resolved in the affirmative.

Motion agreed to.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.


Motion by the Hon. Penny Sharpe agreed to:

That this bill be now read a third time.

Bill read a third time and returned to the Legislative Assembly without amendment.