Easter Sunday Trading
Reverend the Hon. Dr GORDON MOYES: I ask the Minister for Industrial Relations a question without notice. Will the Government be making amendments to the Shops and Industries Act 1962, similar to those introduced in late 2005 for Christmas Day and Boxing Day, to protect Easter Sunday from commercial exploitation? Will the Minister consider prohibiting all major retail trading on this day so that retail staff may enjoy the Christian celebration and holidays? Will the Minister uphold the original intent of the Shops and Industries Act 1962, given his comments in Hansard last year, when I asked about this issue, that “when the legislation was drafted, Anzac Day, Christmas Day and Easter Sunday would not have been considered for gazettal as trade-free days because it was assumed then that no-one would want to trade on those days”?
The Hon. JOHN DELLA BOSCA: I commend the honourable member for his ongoing interest in this important matter, which often seems to be ignored by the Opposition parties, certainly at the Commonwealth level and to a lesser extent in New South Wales. A number of important family celebrations and public holidays are part of the Australian annual calendar. Traditionally, many of them have been protected under the New South Wales Banks and Bank Holidays Act, the public holidays legislation or the Shops and Industries Act. Unfortunately, we are in the midst of a constitutional sorting process about exactly what powers the State parliaments will have under the new WorkChoices regime put in place by the Howard Government. I have spoken to the honourable member in this House on a number of occasions and publicly about my concerns relating to this matter.
The Iemma Government is committed to protecting as many rights as possible under the new Commonwealth regime, including the protection of key public holidays. It is instructive to read what the Senate committee—the hanging judge committee—looking at WorkChoices made determinations about. Also, one should take the trouble to read the Minister’s comments and those of his representatives in the Senate in Hansard on some of these matters. As I pointed out, it is clear that the Howard Government’s intention is to make matters such as those ascribed by the honourable member matters for the market.
On more than one occasion I have had cause to discuss the issue of shop trading hours with very senior figures and entrepreneurs for whom I have a great deal of respect. Whether they be corporate executives or entrepreneurs, they make it clear that it is their brief to trade on the days that they can make money, even if it is Anzac Day, Good Friday or Christmas Day. To put it simply, if we want to preserve these important Australian features both of family life, in the case of long weekends that have become important to us as holidays, and/or cultural and religious holidays that we regard as important, such as Anzac Day and Good Friday, then we will be in for a long hard fight with the Commonwealth Government. So I give a commitment to the House that this Government will be doing its best within the constraints of the Commonwealth Constitution and whatever the High Court determines about the WorkChoices challenge to protect those key public holidays.
I again reflect on the fact that there were a number of anomalies even before the WorkChoices controversy arose, and members know where I stand on that. The honourable member correctly pointed out the anomalies. Indeed, he might be referring to remarks I made previously that some of the anomalies unfortunately existed because, generally speaking, at the time the legislation was drafted the attitude that it was unthinkable to trade on Anzac Day—or at least Anzac Day morning—or Good Friday did not prevail. However, trading on those days is now regarded as commonplace if one can get away with it. So we will be taking action to do what we can within potentially tough constitutional limits.
