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National Retail Association Limited, Union of Employers[2025] QIRC 45

National Retail Association Limited, Union of Employers[2025] QIRC 45

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

National Retail Association Limited, Union of Employers [2025] QIRC 045

PARTIES:

National Retail Association Limited, Union of Employers

(Applicant)

CASE NO:

TH/2025/1

PROCEEDING:

Application for Declaration of Special Event

DELIVERED ON:

13 February 2025

HEARING DATE:

11 February 2025

MEMBER:

Gazenbeek IC

HEARD AT:

Brisbane

ORDER:

  1. The application in proceedings TH/2025/1 is dismissed.

CATCHWORDS:

INDUSTRIAL LAW – TRADING HOURS – APPLICATION FOR DECLARATION OF SPECIAL EVENT – application to classify all
non-exempt shops as exempt shops in a geographic area in the Chinchilla CBD for a specified period during a special event, namely the 2025 Chinchilla Melon Festival – application dismissed

LEGISLATION AND INSTRUMENTS:

Trading (Allowable Hours) Act 1990 (Qld) ss 5, 31A, 31B, 36BA

CASES:

National Retail Association Limited, Union of Employers [2019] QIRC 026

National Retail Association Limited, Union of Employers [2021] QIRC 155

National Retail Association Limited, Union of Employers [2023] QIRC 037

Re: National Retail Association Limited, Union of Employers [2022] QIRC 093

Re: National Retail Association Limited, Union of Employers [2022] QIRC 297

APPEARANCES:

Mr M Cole and Mr D Stout for the Applicant.

Mr D Gaffy for the Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees.

Mr G Taylor for the Australian Workers’ Union of Employees, Queensland.

Reasons for Decision

  1. [1]
    On 3 February 2025, the National Retail Association Limited, Union of Employers (‘the NRA’) applied for a declaration pursuant to s 31A(1) of the Trading (Allowable Hours) Act 1990 (Qld) (‘the Act’), in respect of the Chinchilla Melon Festival
    (‘the Festival’).
  1. [2]
    The declaration sought is that the Festival be declared a “special event” within the meaning of s 5(1)(c) of the Act, so as to provide for non-exempt shops operating within the defined area for the period of the Festival to be exempt shops for the period of that event.
  2. [3]
    The period for which the declaration is sought is Thursday, 13 February 2025 to Sunday, 16 February 2025 inclusive.
  3. [4]
    The Director of Policy for the NRA, Mr David Stout, swore an affidavit in support of the application, which was filed on 3 February 2025. The area that is sought to be covered by the application is the geographical area as set out in Exhibit B to Mr Stout’s affidavit, described as follows:[1]

Starting at Chinchilla S Rd at the Chinchilla Showgrounds moving south and turning onto Lloyd St then turning north onto Carmichael St

Travelling north and turning north-west on Warrego Hwy and then turning onto Wondai St then West onto Railway St

Turning onto Helena St and then onto Hypatia St through to Heeney St and back to starting point on Chinchilla S Rd at Chinchilla Showgrounds

  1. [5]
    On 4 February 2025, I issued a Directions Order which directed that the application and the Directions Order itself be served on:
  • Western Downs Regional Council (‘the Council’);
  • Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees (‘SDA’);
  • The Australian Workers’ Union of Employees, Queensland (‘AWU’);
  • Local Government Association of Queensland Ltd (‘LGAQ’);
  • Executive Director, Industrial Relations, Office of Industrial Relations, Department of Education; and
  • Chief Industrial Inspector, Office of Industrial Relations, Department of Education.
  1. [6]
    The Directions Order provided that those who may be affected by the application “may make a formal application seeking leave to be heard”. If leave was granted, such a person was to file an outline of submissions by 10 February 2025.[2]
  2. [7]
    As required by the Act, the application and Directions Order were published on the Queensland Industrial Relations Commission’s website.[3]
  3. [8]
    The question for my present determination is whether I should make the declaration sought by the NRA in its application.

Relevant legislation

  1. [9]
    Section 5 of the Act outlines the following:

5Exempt shops

(1)An exempt shop is –

(a)a shop of a description mentioned in schedule 1AA used predominantly for selling goods by retail, or for supplying services, a reasonable person would expect to be sold or supplied in that shop; or

(b)an independent retail shop; or

(c)a shop operating in an area to which a special event declaration applies.

(2) A class of shop may be declared for the purposes of schedule 1AA, item 23 by reference to—

(a)the business conducted in shops of the class; or

(b)the location of shops within any area or areas of the State defined in the relevant regulation; or

(c)such other criteria as the Governor in Council thinks fit.

(3) In respect of the sale of goods wholesale in an exempt shop the provisions of this Act apply to the shop and a reference in this Act to an exempt shop does not include the shop.

  1. [10]
    Part 5 of the Act provides for the making of orders and declarations by the Commission, with Division 5 specifically providing for the making of special event declarations.
  2. [11]
    Section 31A of the Act relevantly provides the following:

31A Industrial commission may make declaration of special event

(1)On an application by a chief executive, local government, organisation or any other person, the industrial commission may declare an event to be a special event.

(2)A declaration for subsection (1) (a special event declaration) must state the following matters—

(a)details of the event the subject of the declaration;

(b)the period for which the declaration applies;

(c)the area to which the declaration applies;

(d)that section 36BA applies in relation to an employee of particular shops in the area to which the declaration applies.

Note—

A shop in the area to which the declaration applies is an exempt shop.

(3)A special event declaration must be published on the QIRC website.

  1. [12]
    Section 31B of the Act prescribes the following considerations to be had when deciding an application for a special event declaration:

31B Deciding application for special event declaration

(1)In deciding whether to declare an event to be a special event, the industrial commission must consider—

  1. (a)
    whether the event is a unique or infrequent event of local, State or national significance; and

Examples—

• the 2032 Olympic and Paralympic Games

• the Weipa Fishing Classic event

  1. (b)
    the cultural, religious or sporting significance of the event; and
  1. (c)
    the significance of the event to the economy and the tourism industry; and
  1. (d)
    whether there is a need for a non-exempt shop, or a class of non-exempt shops, to trade for hours greater than the core trading hours for the shop or class of shops under this Act for the period of the event.
  1. (a)
    the size of a place where the event will be held;
  1. (b)
    whether the event will be held at multiple places;
  1. (c)
    the predicted attendance numbers;
  1. (d)
    any expected media coverage;
  1. (e)
    any contribution the event may make to Queensland’s national or international reputation;
  1. (f)
    a submission made by—
  1. (i)
    a local government for an area where the special event declaration is likely to have an impact; or
  1. (ii)
    an industrial organisation in relation to the likely impact of the special event declaration on employees.
  1. [13]
    Further, s 36BA of the Act prescribes certain protections for employees where, as a result of a special event declaration, core trading hours are increased:

36BA Protection for employees—other extended hours

…

(2) An employer of an employee employed in the shop must not require the employee to work during extended hours unless the employee has freely elected to work during extended hours.

Maximum penalty—

(a) for a first offence—16 penalty units; or

(b) for a second or later offence—20 penalty units.

…

  1. [14]
    As above, the Commission must consider a submission made by a local government for an area in which the declaration is likely to have an impact.[4] The Council filed written submissions with respect to this application on 6 February 2025, as considered below, but did not appear at the hearing on 11 February 2025.
  2. [15]
    The Commission must also consider a submission made by an industrial organisation in relation to the likely impact of the special event on employees.[5] In applications of
    6 February 2025 and 7 February 2025, respectively, the SDA and AWU sought leave to be heard in these proceedings. Such leave was granted on 7 February 2025.

Relevant case law

  1. [16]
    The NRA has referred me to three relevant cases. The first two relate to previous applications in respect of the Chinchilla Melon Festival, namely the decision National Retail Association Limited, Union of Employers (‘2019 Festival Decision’), handed down by Industrial Commissioner Knight,[6] and the decision National Retail Association Limited, Union of Employers (‘2023 Festival Decision’), handed down by Her Honour, Deputy President Hartigan.[7] The third relates to an application in respect of the Kingaroy BaconFest, in which Industrial Commissioner McLennan handed down the decision
    Re: National Retail Association Limited, Union of Employers (‘2022 Kingaroy Decision’).[8] The NRA submits that the Kingaroy BaconFest is a regional Queensland events celebrating Queensland produce, and as such is comparable to the Chinchilla Melon Festival.
  2. [17]
    In the 2019 Festival Decision, Industrial Commissioner Knight was satisfied that the Festival is a unique event “of at least local, if not State, significance.”[9] Industrial Commissioner Knight was additionally persuaded on the basis of the NRA’s submissions that the event is of cultural significance, and is significant to the Chinchilla economy and tourism industry.[10] On that basis, and noting the lack of objections to the application, it was ordered that the Festival was a special event for the purposes of s 5(1)(c)(ii) of the Act.[11]
  3. [18]
    In the 2023 Festival Decision, Deputy President Hartigan was satisfied the Festival is a “unique event of local and state significance”, and is a culturally significant event celebrating “the strong agricultural connections of the area and … Chinchilla’s most well-known produce.”[12] Her Honour also concluded on the material before her that the “community of Chinchilla derives a significant economic benefit” from the Festival, and is of significance to Chinchilla’s economy and tourism industry.[13] In particular, it was noted that the significant influx of visitors for the Festival period leads to “greater exposure to a variety of retail stores”, “increased revenue in businesses throughout the community” and increased “media coverage … in newspapers, radio and blogs.”[14]
  4. [19]
    Her Honour was further satisfied, in light of the cultural and economic significance of the event, and the number of its potential visitors, that the Festival positively contributes to Queensland’s national reputation.[15]
  5. [20]
    In regard to the SDA’s contention that “there is no need for a non-exempt shop to trade for extended hours” during the Festival, Her Honour found that, while the infrastructure in terms of store trading may ordinarily be sufficient to service Chinchillas population, “the influx of visitors, in the numbers predicted, support an extension of operating hours.”[16] In particular, Her Honour noted that there “is no factual basis that the SDA relies on to support the assertion that a market scheduled for Sunday is able to adequately service the needs and wants of the approximated 20,000 visitors.”[17]
  6. [21]
    Her Honour consequently issued an order declaring the Festival a special event for the purposes of s 5(1)(c) of the Act.
  7. [22]
    In the 2022 Kingaroy Decision, Industrial Commissioner McLennan accepted submissions that the 2022 Kingaroy BaconFest was a unique event of local, and cultural, significance, with a program proudly reflecting one of the region’s key industries and sources of employment.[18] Industrial Commissioner McLennan was also satisfied that the event was significant to the Kingaroy economy and tourism industry, and that the NRA had “made a sufficiently compelling argument to disturb the allowable trading hours prescribed by the Legislature.”[19] It was consequently declared that the event was a special event for the purposes of s 5(1)(c)(ii) of the Act.[20]

NRA’s submissions and evidence

  1. [23]
    Mr David Stout, the NRA Director of Policy, deposes the inaugural Chinchilla Melon Festival was held in 1994 to “boost community morale as it struggled under a long-term drought.”[21] The Festival continues to be a biennial four-day festival of high significance, allowing the so-called “Melon Capital” of Australia to celebrate the produces’ importance for the Western Downs community.
  2. [24]
    Mr Stout deposes the 2025 Festival will mark its sixteenth iteration, featuring a long list of events across multiple locations, including:

… farm tours, melon weigh-ins, street parade, bike show, classic car display, melon big bash cricket, rodeo, live entertainment and a unique range of melon-themed sporting events. These include melon skiing, melon bungy, melon tug-of-war, melon dash for cash, celebrity melon eating, melon chariot race, and melon iron man/woman. 

  1. [25]
    Mr Stout deposes the Festival is one of cultural significance, “supported by locals as a tool to showcase the region to the world, attract international workers and invest back into the community” despite “economic pressures, labour shortages and volatile weather” and the significant downturn of the Chinchilla watermelon industry.
  2. [26]
    Further, the Festival presents a significant tourism opportunity for local businesses; the 2023 Festival saw attendance of 20,000 in a town with an approximate population of 7,000. Mr Stout deposes there are ”currently no hotel rooms available within Chinchilla during the event with the closest available rooms in Miles, 47km away, and Dalby, over 80km away.” Given the popularity of the Festival, it enjoys high media coverage and has been previously promoted in e.g., the Courier Mail, ABC News, Brisbane Times, Chinchilla News, and Queensland Country Life.
  3. [27]
    It is further deposed that the 2025 Festival is supported by long-term major sponsor Shell QGC, who have stated that:

We have a proud history of supporting regional economic development by partnering with community organisations to deliver projects which increase the liveability of the regions where we operate – and the Melon Festival is a great example of this. It makes a significant economic and social contribution to Chinchilla and the Western Downs region, strengthening community cohesion, attracting visitors from across Australia … and having a great time while we do it. We know this year’s festival will once again be a huge success and showcase why Chinchilla and the Western Downs Region is such a great place to live.

  1. [28]
    In addition to Shell QGC, Mr Stout deposes the 2025 Festival is supported by a range of large and local small businesses, including but not limited to Origin Australia Pacific LNG, Arrow Energy, RSL Chinchilla, and Chinchilla First National Real Estate. To further illustrate the economic significance of the event, Mr Stout cites an article indicating that the 2019 Festival brought an estimated $3.5 million of economic benefit.
  2. [29]
    Mr Stout deposes it is feasible that the 2025 Festival could see 22,000 attendees, as attendance and awareness of the event, both domestically and internationally, increases each year. The NRA submits that Chinchilla’s retail community only has the infrastructure capacity to service its existing population of 7,000; to accommodate the needs of the local community and its visitors during the Festival, all available services in Chinchilla need to be open.
  3. [30]
    Mr Stout further deposes the Festival positively contributes to the reputation of regional Queensland as an “authentic representation and celebration of the Queensland agricultural community.” Previous Festival event competitors have also broken world records, including a local man who grew the heaviest watermelon ever grown in the southern hemisphere in 2019.
  4. [31]
    It is lastly submitted that the granting of the application will not come at the expense of employees in the retail sector, and that it will allow local businesses the flexibility to trade and better cater to the needs of residents of, and visitors to, Chinchilla. It is submitted that “it is not likely that retail stores will use the full range of hours available to them and that they usually only open one to two hours on either side of their regular trading hours.”

Council’s submissions

  1. [32]
    In their written submissions, the Council submits that the Chinchilla Melon Festival is an “impressive family-fun festival” and “a celebration of all things melon, highlighting Chinchilla’s melon farming reputation.”[22] The biennial festival is “Chinchilla’s largest tourism event, with all accommodation venues at or near capacity during the festival”, and businesses extending their opening hours seeing “economic gains”.
  2. [33]
    The Council further submits that they have engaged ‘Geografia’ to provide data analysing consumer spending patterns across local communities. A comparison of data for a
    non-festival year (17-20 February 2022) and a festival year (16-19 February 2023) shows that the Festival brought “an additional $940,000 to the local economy, a 35% increase.”
  3. [34]
    In closing, the Council submits that they aim “to provide growth opportunities for businesses and support the local community by bringing extra foot traffic to Chinchilla for the festival”, in order to send a clear message that the region is “a functional and vibrant society open for business.” As not permitting the application could “stifle the growth of Chinchilla’s businesses” and prevent them from “meeting the needs of tourists attending the event”, the Council supports the special event declaration application filed by the NRA.

SDA’s evidence and submissions

  1. [35]
    In their written submissions, the SDA objected to the NRA’s application on behalf of its members.[23]
  2. [36]
    Referring to the NRA’s submission regarding the cultural significance of the Festival, the SDA submits that the Festival’s cultural significance has “been subject to public scrutiny for a number of years.” Citing an article in the Courier Mail, the SDA submits that the region has lost its reputation, with a local farmer quoted as stating that “unfortunately Chinchilla can no longer claim the melon crown” and “there are now much bigger areas in Bowen, Burdekin and Bundaberg.” The SDA therefore submits that the Commission should distinguish this application from previous years of the Festival, “on the basis of its dwindling relevance and impact to the region which has now been well established over a period of time”, and requests that the Commission “vigorously assess whether the cultural significance of this event is of the nature intended to be captured by the provisions in Section 31A of the Trading (Allowable Hours) Act 1990.”
  3. [37]
    The SDA further submits that the Chinchilla area has both exempt and non-exempt shows operating in the region within the trading hours established by the existing regime, including “reasonable non-exempt shops such as a Food Works and Drakes Supermarket that operate on a Sunday alongside a local farmers market.” The SDA submits that extended hours effectively granted by a declaration of the nature sought “don’t provide access to necessities as an ultimate principle”, but rather merely provide access to necessities from additional shops “during unsociable hours.” The SDA contends that this application “would be better termed as an issue of convenience and not necessity”, as “the festival is an event made up of multiple events and is not actively running during all trading hours already available to retailers” and thus “there is plenty of opportunity for attendees to shop and obtain groceries and other necessities during reasonable and sociable hours.” In this respect, the SDA notes that the NRA has not led any evidence to demonstrate exempt retailers made use of extended trading hours for previous Festivals.
  4. [38]
    As to the impact of extended hours, the SDA submits that its members note “the pressure to work extended hours, especially in small communities where understaffing is a common concern, usually has a real and serious impact to workers and their families … [with] many juggl[ing] complex caring responsibilities.” A declaration of the nature sought therefore “creates the real possibility of exposing retail workers to unnecessary pressure to work and sacrifice valuable time with their family, friends and community.” In particular, the SDA notes that the NRA gave evidence in 2023 that the event itself can rely upon approximately 400 community volunteers, which “reinforces the significant value of relationship and community associated with local events, and compromised by additional workplace pressures.”
  5. [39]
    The SDA concludes by submitting that the 2025 Festival “does not possess the level of cultural significance attributed to previous years” and that the NRA’s application “has not adequately demonstrated a genuine need for non-exempt shops to be reclassified during the period of this event.”
  6. [40]
    In correspondence of 11 February 2025, the AWU confirmed that they agree with, and adopt, the submissions of the SDA as above, and do not wish to make further submissions.[24]

Oral submissions

  1. [41]
    This matter was heard before me on 11 February 2025, during which the NRA and SDA made further oral submissions. These oral submissions have been summarised below. I note that, by not filing this application until 3 February 2025 despite it relating to an event commencing on 13 February 2025, the NRA has necessitated a short turnaround of this decision. As a result, a written transcript of these proceedings is not yet available for me to cite below, and I have instead relied on an audio recording of the hearing.
  2. [42]
    A hearing occurred on February 11, 2025, and the period for which the declaration is sought is Thursday, 13 February 2025 to Sunday, 16 February 2025 inclusive.

NRA’s oral submissions

  1. [43]
    In addition to the written material filed by the NRA, Mr Malcolm Cole made oral submissions in response to points raised in the SDA’s written submissions. It was submitted, in summary, that:
  • there was a record crowd of 20,000 visitors at the last Melon Festival in 2023, and an even larger crowd was expected in 2025;
  • the smaller number of exhibitors at the 2023 Chinchilla Melon Festival was a result of farmers finding it difficult to find staff and get products off their farms after the COVID-19 pandemic; 
  • the only relevant non-exempt stores located within the identified area are a  Woolworths and a Kmart;
  • Kmart has not expressed any interest in extending their trading hours for the festival;
  • while the 2023 Chinchilla Melon Festival was declared a special event, Woolworths did not use the extended hours because there were insufficient staff members available who wished to work during the extended hours proposed;
  • they are informed (although are not able to lead more evidence to this effect) that Woolworths has enough staff willing to work the extended hours if the present application is granted for the 2025 Festival, and a preliminary roster has been circulated; and
  • the Courier Mail article suggesting both that Chinchilla can no longer claim the crown of ‘Melon Capital’ and that the festival is suffering from declining popularity, only serves to demonstrate the increased importance of the Festival to Chinchilla’s local community.
  1. [44]
    Mr Stout also apologised to the Commission for the NRA’s late filing of their application, but emphasised that their oversight did not diminish the importance of the declaration being sought.

SDA’s oral submissions

  1. [45]
    Further to their written submissions, the SDA made oral submissions that (in summary):
  • the number of melon growers in the Chinchilla region has declined significantly, resulting in fewer exhibitors involved in recent festivals;
  • the current hours for all exempt and non-exempt stores trading in the designated area is sufficient to meet the needs and demand of the event;
  • the significance of the melon festival is decreasing, as evidenced by recent media reporting; and
  • there is anecdotal evidence from their members that they have previously felt pressured to work the extended hours even with the voluntary protections in place, but they are unable to lead more convincing evidence in this regard. 
  1. [46]
    For completeness, the AWU reiterated their support of, and reliance on, the submissions of the SDA, and made no further oral submissions at the hearing. 

Consideration

  1. [47]
    In making a determination with respect to whether the Festival be declared a special event, I must have regard to the matters listed in s 31B(1)(a)-(d) of the Act. These have been considered in turn below.

Is the Festival a unique or infrequent event of local, State or national significance?

  1. [48]
    I accept that the Festival is a unique event that has, at the very least, local significance. Regardless of whether Chinchilla can still be regarded or promoted as the ‘melon capital’ of Australia, it is clear that the Festival is a unique regional event that showcases local industry and produce, celebrating and centring on the local community.

Does the Festival have cultural, religious or sporting significance?

  1. [49]
    I am overall satisfied that the Festival is an event of cultural significance, with a scheduled program of events that reflects the importance of the industry to the local Chinchilla community. However, I am persuaded by the SDA’s suggestion that the significance, and popularity, of this event appears to be in decline.
  2. [50]
    No submissions have been made regarding the Festival’s religious or sporting significance.

Is the Festival significant to the economy and the tourism economy?

  1. [51]
    The Council and the NRA both submit that previous iterations of the Festival have resulted in an increase of visitors to Chinchilla from within Queensland, interstate, and internationally. It is also similarly submitted by the Council and the NRA that previous iterations of the festival have resulted in increased economic activity in the Chinchilla area, although the two parties differ as to the extent of this increase.
  2. [52]
    The conflicting information and figures provided, and relied upon, by the Council and the NRA makes it difficult to accurately assess the significance of the Festival to the economy and to tourism. However, even noting these discrepancies, I accept on balance that the Festival does have some positive impact on Chinchilla’s economy and tourism economy.

Is there a need for non-exempt shops to trade for hours greater than their core trading hours for the period of the Festival?

  1. [53]
    As stated in paragraph [2], the purpose of the special event declaration sought is to provide for non-exempt shops, operating in a stated area during the period of the Festival, to be exempt shops for the period of that event within the meaning of the Act.
  2. [54]
    In his affidavit of 3 February 2025, Mr Stout deposed “it is not likely that retail stores will use the full range of hours available to them and that they usually only open one to two hours on either side of their regular trading hours.”[25] Mr Cole clarified in oral submissions that the NRA is only aware of one non-exempt retail store within the stated area (a Woolworths) who had expressed an interest in extending their trading hours for the 2025 Festival.
  3. [55]
    It was further submitted by Mr Cole that Woolworths were unable to extend their trading hours for the 2023 Festival, despite it being declared a special event by the Commission, due to staff availability. Given the NRA’s belief in the need for extended trading hours during the 2025 Festival’s duration, it is notable that the NRA has failed to make any submissions in these proceedings regarding any negative impact of Woolworths not trading for extended hours for the duration of the 2023 Festival.
  4. [56]
    Given the absence of submissions to this effect, it appears that the needs of the local community and its visitors were sufficiently met by Chinchilla’s existing retail infrastructure during the 2023 Festival. It is worth noting that Industrial Commissioner Dwyer has previously emphasised, and foreshadowed, the potential importance of submissions and evidence to that effect in National Retail Association Limited, Union of Employers:[26]

[30] … I consider that such applications would be more compelling if they were accompanied by evidence from local retailers addressing specific considerations as to the expected hours of opening, or the anticipated increase in trade, and other factors relevant to the considerations under the Act. The absence of such evidence could render such an application liable to being dismissed if the Commission required a more fulsome examination of the elements of s 5 of the Act …

  1. [57]
    Further, given the NRA’s delay in filing this application, it has been necessary to determine this application on the date of the 2025 Festival’s commencement. I accept the NRA’s submission that Woolworths have already prepared and circulated a provisional roster for their employees in anticipation of extended trading hours for the Festival. However, I am concerned that Woolworths will be left with an insufficient period of time (potentially less than 24 hours) to confirm rostering arrangements with their employees and comply with rostering provisions of the relevant industrial instrument. This places a burden on both the supermarket and its employees which is in pursuit of extended trading hours of little utility.

Conclusion 

  1. [58]
    On balance, I accept that the Chinchilla Melon Festival is a unique event of local significance, that is culturally significant and is significant to the economy and the tourism industry.
  2. [59]
    I recognise that the Festival has previously, with particular reference to these factors, been considered a ‘special event’ by the Commission. However, this does not mean that the Festival will always be deemed so. In that respect, I note, and agree with, Industrial Commissioner McLennan’s below observation in Re: National Retail Association Limited, Union of Employers:[27]

[64] I entirely agree with the SDA's comments that it is imperative the Commission vigorously assess such applications for extended trading hours and that such a decision should not be taken lightly. If it were the intention of the Legislature that every local show was to be automatically declared to be a 'special event' within the meaning of s 5(1)(c)(ii) of the Act, no doubt it would have been so expressed. That is not the case.

  1. [60]
    On this occasion, I am not satisfied that the NRA has articulated a sufficiently compelling argument as to the need for non-exempt shops to extend their core trading hours for the period of the Festival. I also have concerns on the burden placed on employees who, as a result of the NRA’s last minute filing of this application, would receive insufficient notice of finalised rostering arrangements for the Festival’s duration. 
  2. [61]
    Balancing these relevant factors, I find that the 2025 Chinchilla Melon Festival is not a special event within the meaning of s 5(1)(c) of the Trading (Allowable Hours) Act 1990 (Qld). For the reasons above, I will not make the declaration sought.
  3. [62]
    I order accordingly.

Order:

  1. The application in proceedings TH/2025/1 is dismissed.

Footnotes

[1] Affidavit of Mr D. Stout, filed 3 February 2025, Exhibit B.

[2] Directions Order, issued 4 February 2025, Orders 3 and 5.

[3] Trading (Allowable Hours) Act 1990 s 31A(3).

[4] Trading (Allowable Hours) Act 1990 (Qld) s 31B(2)(f)(i).

[5] Ibid s 31B(2)(f)(ii).

[6] [2019] QIRC 026.

[7] [2023] QIRC 037.

[8] [2022] QIRC 297.

[9] National Retail Association Limited, Union of Employers [2019] QIRC 026 [29].

[10] Ibid [29].

[11] Ibid [30]-[31].

[12] National Retail Association Limited, Union of Employers [2023] QIRC 037 [43]-[44].

[13] Ibid [45], [49].

[14] Ibid [46]-[48].

[15] Ibid [55].

[16] Ibid [51].

[17] Ibid [52].

[18] Re: National Retail Association Limited, Union of Employers [2022] QIRC 297 [32], [39].

[19] Ibid [42], [46].

[20] Ibid [55].

[21] Affidavit of Mr D. Stout, filed 3 February 2025.

[22] Submissions of the Western Downs Regional Council, filed 6 February 2025.

[23] Submissions of the Shop Distributive and Allied Employees Association (Queensland Branch) Union of Employees, filed 7 February 2025.

[24] Email of Mr G Taylor (Industrial Advocate) to the Industrial Registry, dated 11 February 2025.

[25] Affidavit of Mr D Stout, filed 3 February 2025, [30].

[26] [2021] QIRC 155 [30].

[27] [2022] QIRC 093 [64].

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Editorial Notes

  • Published Case Name:

    National Retail Association Limited, Union of Employers

  • Shortened Case Name:

    National Retail Association Limited, Union of Employers

  • MNC:

    [2025] QIRC 45

  • Court:

    QIRC

  • Date:

    13 Feb 2025

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Cases Cited

Case NameFull CitationFrequency
National Retail Association Limited, Union of Employers [2019] QIRC 26
3 citations
Jump To
Cite 1 - [2019] QIRC 26
Cite 2 - [2019] QIRC 26
Cite 3 - [2019] QIRC 26
National Retail Association Limited, Union of Employers [2021] QIRC 155
2 citations
Jump To
Cite 1 - [2021] QIRC 155
Cite 2 - [2021] QIRC 155
National Retail Association Limited, Union of Employers [2023] QIRC 37
3 citations
Jump To
Cite 1 - [2023] QIRC 37
Cite 2 - [2023] QIRC 37
Cite 3 - [2023] QIRC 37
Re: National Retail Association Limited, Union of Employers [2022] QIRC 93
2 citations
Jump To
Cite 1 - [2022] QIRC 93
Cite 2 - [2022] QIRC 93
Re: National Retail Association Limited, Union of Employers [2022] QIRC 297
3 citations
Jump To
Cite 1 - [2022] QIRC 297
Cite 2 - [2022] QIRC 297
Cite 3 - [2022] QIRC 297

Cases Citing

Case NameFull CitationFrequency
National Retail Association Limited, Union of Employers (2025 Weipa Fishing Classic) [2025] QIRC 1253 citations
National Retail Association, Union of Employers (Mount Isa Show) [2025] QIRC 1542 citations
1

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