National Retail Association Limited, Union of Employers

The case involved an application by the Union of Employers, acting on behalf of the National Retail Association, to classify all non-exempt shops as exempt shops in the Chinchilla CBD for a specified period during the Chinchilla Show. The applicant argued that the Show was a significant event that would benefit the local economy and tourism. The Shop Distributive and Allied Employees' Association (SDA) opposed the application, arguing that the Show did not meet the threshold of significance as required by the Trading (Allowable Hours) Act 1990 (Qld).

The key legal issue before the court was whether the Chinchilla Show qualified as a "special event" under s 5 of the Act. The court had to determine if the Show had sufficient cultural, religious, or sporting significance and importance to the economy and tourism industry to warrant a declaration of exemption for the shops within the specified geographic area during the event. The court also had to consider submissions from both parties and evaluate the significance of the Show in comparison to other events.

The court found that the Chinchilla Show was indeed a special event. It considered the submissions from both parties and noted that the Show was a significant event in the Maranoa region, attracting large crowds and contributing to the local economy. The court also acknowledged the impact of Covid-19 on regional economies and the importance of events like the Show in fostering social bonds and improving mental health. The court rejected the SDA's argument that the Show did not have sufficient significance compared to other events, finding that the Show's importance to the local community and economy was sufficient to qualify it as a special event under the Act.

The court made a declaration that the Chinchilla Show was a special event, applying to the specified geographic area and timeframe. This declaration allowed non-exempt shops within the designated area to operate during the event under the exemption provided by the Act.