National Retail Association Limited, Union of Employers

The parties involved in this case are the National Retail Association Limited, the Union of Employers, and other interested parties such as the Australian Workers' Union of Employees, Queensland. The dispute centres around the application for a declaration of a special event, specifically the Weipa Fishing Classic, and whether non-exempt shops should be classified as exempt shops in the geographic location for a specified period during this event. The matter was heard by the Industrial Commission. The central legal issue before the court was whether the Weipa Fishing Classic qualified as a "special event" under the relevant Act. This determination would allow for non-exempt shops operating in the stated area to be considered exempt for the period of the event if the Commission declared it to be a special event. The court had to consider various factors, including the cultural, religious or sporting significance of the event, its significance to the economy and tourism industry, and submissions from local governments regarding the impact of such a declaration.

In considering the submissions, the court acknowledged the significance of the Weipa Fishing Classic as Cape York's largest community event. The event, which had been postponed due to COVID-19, had a substantial economic and tourism impact, drawing attendances from the wider region and increasing demand for local services, including retail. The applicant argued that the event provided a significant economic and tourism benefit for local businesses, stall holders, and exhibitors, with profits being donated back to community organisations by the Fishing Classic Committee each year. The court also noted the aim of the Weipa Community Plan 2012-2022 to ensure economic diversity in the region by developing tourism and promoting Weipa as a world-class fishing destination. Based on these considerations, the court found that the Weipa Fishing Classic indeed qualified as a special event under the Act. The court granted the declaration sought by the applicant, classifying non-exempt shops as exempt shops in the geographic location for the specified period during the Weipa Fishing Classic. This decision was made to support the economic and tourism benefits that the event brings to the community.