Trading (Allowable Hours) and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill simplifies Queensland's shop trading hours system, strengthens protections for retail workers against being forced to work extended hours, and makes permanent the COVID-era rules allowing school P&C associations and teacher registration investigators to meet remotely.
Who it affects
Retail workers gain stronger rights to refuse extended hours. Shop owners in tourist areas like Port Douglas benefit from longer trading hours. P&C association members across Queensland can permanently attend meetings online.
Trading hours simplification
The bill reduces the number of shop trading area categories from five to four and renames them Type 1 through 4. The Mossman and Port Douglas Tourist Area is moved into the Type 1 category, giving local shops the longest trading hours to support tourism.
- Five trading area categories reduced to four simpler types
- Mossman and Port Douglas shops gain longer trading hours by moving to Type 1
- Former 'seaside resort' and 'any other area' categories merged into Type 4, with public holiday trading now permitted
- Two moratoriums on new trading area orders extended to 31 August 2023
Employee protections for extended hours
Retail workers can no longer be forced to work extended trading hours, even if their award or enterprise agreement previously allowed it. Employers who coerce staff face penalties of up to 20 penalty units for repeat offences.
- Employers must get written consent before rostering staff for extended hours
- Previous exemptions for workers covered by industrial instruments removed
- New offence created with penalties of 16 penalty units (first offence) or 20 penalty units (repeat offence)
- Protections now apply consistently when hours are extended by legislation, QIRC orders, or special event declarations
Special event declarations
The bill creates a formal process for the QIRC to declare special events that temporarily exempt shops from trading hour restrictions. Clear criteria guide the decision, including the event's significance and tourism value.
- New formal framework for special event declarations with clear criteria
- Events must be unique or infrequent and of local, state, or national significance
- QIRC must consider predicted attendance, media coverage, and economic impact
- Employee protections apply during special events
Remote attendance for education meetings
COVID-era provisions allowing P&C association meetings and QCT investigation attendance via videoconferencing are made permanent. Documents for QCT investigations can now be submitted by email or post.
- P&C association meetings can permanently be held via videoconference or teleconference
- QCT investigation meetings can use audio or video links instead of in-person attendance
- Documents for QCT investigations can be sent by email or post
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee25 May 2022View Hansard
Referred to Education, Employment and Training Committee
The Education, Employment and Training Committee examined the bill over two months, receiving 14 submissions and holding public briefings and hearings with key retail industry stakeholders, unions and government officials. The committee unanimously recommended the bill be passed, noting it implements all 9 recommendations from the committee's own earlier inquiry into the operation of the Trading (Allowable Hours) Act 1990. The bill simplifies trading area categories from five to four, strengthens worker protections against being coerced to work extended hours, clarifies special event declaration processes, and extends moratoriums on trading area changes. LNP Opposition members and the Member for Hinchinbrook filed statements of reservation expressing concerns about impacts on small businesses in regional and remote areas.
Key findings (5)
- The bill implements all 9 recommendations from the committee's earlier inquiry into the Trading (Allowable Hours) Act 1990, with the government accepting all recommendations
- Stakeholders held divergent views on trading hours, with employer groups seeking more flexibility and deregulation while unions and small business representatives favoured protections and stability
- The committee found the moratoriums and 2017 amendments had provided consistent and stable trading arrangements for the retail sector, and the bill builds on that framework
- Worker protection provisions were broadly supported, with the SDA reporting that casual and part-time employees continued to face pressure from employers to work extended hours
- The committee found the bill compatible with human rights and fundamental legislative principles, noting the new offence penalties for coercing employees were proportionate and consistent with existing provisions
Recommendations (1)
- The committee recommends the Trading (Allowable Hours) and Other Legislation Amendment Bill 2022 be passed.
Committee report tabled
▸Second Reading17 Aug 2022View Hansard
As Minister for Industrial Relations, moved the second reading and defended the bill as implementing the committee's five-year review recommendations, providing stability for the retail sector by simplifying trading hours into four core categories while strengthening voluntary work protections for employees.
“Just as we did in 2017, I believe we have got the balance right and the committee did great work in coming to that right balance.”— 2022-08-17View Hansard
Opposed key elements of the bill, arguing it would harm small independent retailers like IGAs and Drakes. Foreshadowed amendments to extend the moratorium on trading hours applications from 12 months to five years and to oppose recommendations 2, 7 and 9 which he said would disadvantage small businesses.
“MGA foresees that many small family owned community food and grocery retailers in Queensland will have to cease operations should recommendations 2, 7 and 9 be adopted, or if the section 59 moratorium is not extended for a meaningful length of time.”— 2022-08-17View Hansard
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Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards