Re: National Retail Association Limited, Union of Employers

The National Retail Association Limited sought to amend an existing trading hours order to establish a Toowong Retail Precinct. The application was opposed by the Shop Distributive and Allied Employees’ Association (SDA) and the Queensland Retail and Hospitality Industry Employees Union (QRTSA). The matter was determined by the Fair Work Commission (FWC). The central legal issue was whether the criteria the Commission must consider in amending the trading hours order had been satisfied. The FWC considered the statutory criteria and found that the application was supported by evidence. The FWC held that the Toowong Retail Precinct would promote economic development and tourism in the area, and that the interests of the employees would not be adversely affected. The FWC also found that the proposed trading hours were reasonable and balanced the interests of the employers and employees. The FWC granted the application in part, allowing non-exempt retailers within the boundary of the Toowong Retail Precinct to trade until 7.00 pm on Saturdays. The operative date for the amendment was 3 November 2014.