ARA will oppose unions' Sunday penalty judicial review

THE Australian Retailers Association (ARA) will strongly oppose any application from the SDA (Shop, Distributive & Allied Employees Association) for judicial review of the Sunday penalty rates decision, as this verdict was one of the most progressive decisions the Australian retail industry has seen in a number of years.

 

ARA Executive Director, Russell Zimmerman said the Sunday penalty rates decision was initially passed by the Fair Work Commission (FWC) as the evidence presented conclusively proved a reduction in penalty rates would increase employment rates across Australia and sustain economic growth.

“The Commission found that a reduction in Sunday penalty rates will allow retailers to extend trading hours, giving staff more hours to work and increase employment across the board,” Mr Zimmerman said.

The ARA believes the Commission reached an appropriate and balanced decision which will greatly benefit the retail industry.

“Many consumers feel that retail stores are understaffed on Sundays, and now due to the reduced penalty rates retailers can cater to consumer needs by adding more people to the roster, improving their service to consumers and increasing hours for employees.”

The ARA will further challenge any attempt by the SDA to defer the implementation of the Sunday penalty rates decision until the application for judicial review has been determined.

“Retailers are already operating in a tough environment, and any delay to the implementation of the Sunday penalty rates decision will significantly delay the benefits to both employers and employees working in this sector,” Mr Zimmerman said. 

The ARA believes the Commission’s decision will be upheld in the Federal Court as the Union’s judicial review will risk all the benefits for Australian retailers, the unemployed and the overall economy.

“There was a reason Australia established an independent umpire to determine significant employment conditions such as penalty rates,” Mr Zimmerman said.

“The Unions, the Federal Opposition and the Crossbenchers should all respect the integrity of the Commission’s decision as the independent industrial umpire.”

The ARA will be working with its members and legal providers to strongly defend the Sunday penalty rates decision and ensure the changes to Sunday penalty rates are implemented from 1 July 2017.

“Implementing this penalty rate reduction in July is not only critical to the industry, but to everyone working within the sector,” Mr Zimmerman said.

The applications for judicial review will be made after the Fair Work Commission has issued Orders on the transition for the Sunday penalty rate reduction, which the ARA expect will happen in late May 2017.

About the Australian Retailers Association:

Founded in 1903, the Australian Retailers Association (ARA) is the retail industry’s peak representative body representing Australia’s $310 billion sector, which employs more than 1.2 million people. The ARA works to ensure retail success by informing, protecting, advocating, educating and saving money for its 7,500 independent and national retail members throughout Australia. For more information, visit www.retail.org.au or call 1300 368 041.

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