Boxing Day sales and restrictive trading – The law behind whether or not you can sales shop on the 26 December 2015

Did you go Boxing Day sales shopping on 26 December or did you have to wait until 27 December? Growing up in Adelaide, I found it very frustrating that the Boxing Day sales started on 26 December in other states, but Adelaide had to wait until the 27 December because of restrictive retail trading hours. South Australia, Western Australia and Queensland have traditionally had more restrictions on retail trade than New South Wales, Victoria and Tasmania. In fact, Tasmania has the most simple and deregulated retail trading system out of all the states. In this blog post I look at the state legislation, including restrictive trading legislation, behind Boxing Day sales.

Public holidays and restrictive trading laws are state based

In the division of powers between Commonwealth and state governments, state governments have the residual power to legislate for public holidays. State governments also have the power to regulate retail trading hours. Some public holidays are known as “national public holidays”, as each state has legislated for those days to be public holidays. A list of national public holidays can be found in s.115(1) of the Fair Work Act 2009. State specific public holidays are located in state statute. Public holidays are fantastic for those who work full time, as the Fair Work Act 2009 gives certain employees the right to be paid their base rate of pay on the public holiday (s.116) and an entitlement to be absent from work for the public holiday, though an employer can require an employee to work if the request is reasonable (s.114).

Boxing Day is a national public holiday, as each state has legislated to make 26 December a public holiday:

1. New South Wales - s.4(k) of the Public Holidays Act 2010 (NSW);

2. Victoria – s.6 of the Public Holidays Act 1993 (Vic);

3. South Australia – s.3(2) Holidays Act 2010 (SA);

4. Western Australia – s.5 and Second Schedule Public and Bank Holidays Act 1972 (WA);

5. Queensland – s.2 and Schedule Holidays Act 1983 (Qld); and

6. Tasmania – s.4 Statutory Holidays Act 2000 (Tas).

Whether retailers can trade on a public holiday is determined by restrictive trading laws on a state by state basis.

Restrictive trading on Boxing Day by state:

New South Wales

Restrictive trading days in NSW are Good Friday, Easter Sunday, Anzac Day (but only before 1pm), Christmas Day and Boxing Day (s.3 Retail Trading Act 2008 (NSW) (NSW RT Act). All shops predominantly selling retail goods are required to be closed on the restrictive trading days unless an exemption in Part 3 of the NSW RT Act applies (s.4 NSW RT Act). The general exemptions from trading on a restrictive trading day including exempt shops such as book shops, chemists, and florists (s.7 and Schedule 1); small shops where not more than two people are in the shop, one is the owner of the business, and neither of the persons in the shop are employees (s.8); and premises solely selling liquor or meals that have a hotel or small bar licence (s.9).

Significant changes were made to the NSW RT Act in 2015 by the Retail Trading Amendment Act 2015 (NSW)(Amendment Act). Schedule 1 of the Amendment Act inserted s.8A, an exemption to restrictive trading on Boxing Day only:

8A Shop not required to be closed on Boxing Day if staff freely elect to work

(1) A shop is not required to be kept closed on Boxing Day if the shop is staffed only by persons who have freely elected to work on that day.

(2) This section has effect despite any other provision of this Act and any other Act or law.

“Freely elected to work” is defined in s.3A in the negative. A person has not made a free election if they were coerced, harassed, threatened or intimidated or because the person is merely rostered or required by an Award or Enterprise Agreement to work on that day.

Prior to the introduction of s.8A, not all shops in NSW were able to open on Boxing Day. Now any retail shop may open on Boxing Day, as long as the staff have “freely elected to work on that day”.

In 2015, Boxing Day sales throughout NSW started on 26 December.

Victoria

Victorian retailers have been able to trade on Boxing Day for years, as under the Shop Trading Reform Act 1996 (Vic) shops to which the Act applies must remain closed during “ordinary shop closing times” (s.5(1)), and Boxing Day is not an ordinary shop closing time. Retail shops in Victoria are only required to be closed on Good Friday, Christmas Day and until 1pm on ANZAC Day (see definition of “ordinary shop closing times” in s.3). Not all shops are prohibited from trading on these days. Exempt shops in s.4 include chemists, petrol stations, and restaurants.

In 2015, Boxing Day sales throughout Victoria started on 26 December.

South Australia

South Australia retains restrictive trading laws on 26 December in non-CBD locations. Rundle Mall (CBD) is the only retail precinct permitted to be open on Boxing Day, and even then is only permitted to open from 11am-5pm which is a very limited 6 hour trading period compared to other states. Regional shopping centres cannot commence Boxing Day sales until 27 December. While small retail shops have no restrictions on trading hours (s.12C), general retail shops are restricted in their trading hours.

Shops outside the CBD district must be closed on 1 January, Easter Sunday, Christmas Day and Boxing Day (s.13 Shop Trading Hours Act 1977 (SA)), unless the Minister has granted an exemption (s.5). Anyone in doubt over the high levels of retail trading regulation in South Australia, should have a look at s.13 of the Shop Trading Hours Act 1977 which details the restricted hours retail shops can open throughout the year.

On an aside, South Australia has two part day public holidays on Christmas Eve and New Year’s Eve from 7pm to midnight (s.3B Holidays Act 2010), meaning that retail employers have to pay applicable public holiday penalty rates to employees for these periods.

Boxing Day sales in the Adelaide CBD commenced on 26 December 2015. Sales commenced in shopping precincts outside the CBD on 27 December 2015.

Western Australia

Western Australia is another highly regulated jurisdiction for retail trading. While the legislation remains restrictive, the Minister has made a number of orders enabling retail trade for general retail shops on most public holidays.

The Retail Trading Hours Act 1987 (WA) categorises shops into “general retail shops”, “small retail shops”, “special retail shops” and “filling stations” (s.10(1)). Large retailers like Myer and David Jones who engage in Boxing Day sales fall within the category of “general retail shops” (s.10(2)). General retail shops must be closed on public holidays (s.12(3)(d)) unless an order has been made by the Minister (of Commerce) to vary trading hours (s.12E). The Minister cannot authorise general retail shops to be open on ANZAC Day, Christmas Day or Good Friday (s.12E(3A)). The Minister has authorised trading on most public holidays aside from those specified in s.12E(3A). The Minister for Commerce authorised retail trading on Boxing Day from 8am to 6pm, as well as the Boxing Day public holiday on 28 December from 8am to 6pm.

Restaurants, cafes and take away food shops are not regulated by the Retail Trading Hours Act 1987.

Western Australian legislation is “special” in that it often splits the state into two by dividing the state into north of the 26^th parallel and south of the 26^th parallel. The Retail Trading Hours Act 1987 (WA) only applies to locations south of the 26^th parallel, which includes Perth where most of the retail trading in Western Australia occurs.

The Public and Bank Holidays Act 1972 (WA) gives the Minister the power to proclaim a half-holiday, such as those in South Australia – to my knowledge this has not occured.

In 2015, Boxing Day sales in Western Australia commenced on 26 December.

Queensland

The Trading (Allowable Hours) Act 1990 (Qld) categorises retail shops into “exempt shops”, “independent retail shops” and “non-exempt shops” (see ss.4 to 6). “Exempt shops” include antique shops, arts galleries and ice cream parlours (s.5). The definition of “independent retail shop” in s.6 is complex, but the definition excludes shops engaging over 20 persons at any one time. “Independent retail shops” have unrestricted trading hours except on Christmas Day, so can open on Boxing Day. Most large retail shops such as Myer and David Jones that participate in Boxing Day sales exceed 20 employees and will be “non-exempt shops”.

The trading hours of non-exempt shops are also regulated by orders made by the Queensland Industrial Relations Commission (QIRC). The Commission makes amendments to this Order on an ad hoc basis to regulate trading hours of non-exempt shops. Currently, non-exempt shops are required to close on Good Friday, Easter Sunday (South East Queensland area only), 25 April, Labour Day and Christmas Day.

In 2015, Boxing Day sales in Queensland commenced on 26 December.

Tasmania

The Tasmanian retail sector is relatively unregulated (probably because of the state’s small size). The Shop Trading Hours Act 1984 (Tas) only applies to retail businesses with 250 or more employees (includes all employees full time or otherwise) (s.4). Section 5 of the Shop Trading Hours Act 1984 (Tas), prohibits retail shops which fall in the definition of s.4 from opening on Christmas Day and Good Friday. Retail shops are not exempt from trading on Boxing Day.

In 2015, Boxing Day sales in Tasmania commenced on 26 December.

Conclusion

While most retail shops were able to open across Australia on 26 December in 2015, the reason retail shops were able to open in many jurisdictions was dependent on an order being made by a Minister or a tribunal. The right to trade on Boxing Day can easily be removed by order. Certain jurisdictions such as Tasmania and Victoria are not reliant on orders being made for the right to trade on Boxing Day. While NSW has removed impediments to Boxing Day trading, the “freely elect to work” test is bound to fail. NSW should either go the full way to deregulation or go back to their earlier restrictive trade, rather than sit in an in-between position that is not fooling anyone. While there have been moves towards deregulation of retail trading on public holidays, there is a long way to go for states such as South Australia. While progress is slow, many retailers have adapted by moving their Boxing Day sales online. David Jones and Myer started their sales before their in-store sale started, a very welcome move.

How to buy a suit for clerkship interviews

Note: This post is written for a female audience based in Sydney. If you are male, this post may still be helpful to you, but you may want to also refer to this amazing blog post:

http://survivelaw.com/index.php/blogs/careers/602-how-to-buy-a-suit

What to wear to your clerkship interview

You have the choice of a skirt suit or pants suit. Appropriate suit colours include black, charcoal, and dark grey. Navy is ok but I would not go for this colour for your first suit. I would recommend charcoal for your first suit. Black can appear harsh. Charcoal is a more youthful colour, which is perfect when you are going for your “intelligent young thing” look at your clerkship interview.

Some older women may advise you to wear a pants suit as opposed to a skirt suit, as any kind of sign of being feminine was seen as a potential disadvantage when these women were starting their careers. This is not so today. You can wear a pants suit if you like, but you will find most female clerks and graduates wear skirt suits to interviews, court and formal occasions.

When you are buying your suit, you should buy the jacket, skirt and pants, though you could buy two skirts if you preferred. As a rule of thumb, for every suit jacket you buy, you should buy two bottom items. Always get all suit components dry cleaned at the same time.

How much will I have to spend?

Good quality midmarket suits from brands like Rhodes & Beckett and Herringbone range from $700 - $1,000 full price for the suit jacket and skirt. Hopefully you can get your suit on sale, where you would pay a much more affordable $300 - $600 for your suit. You can get cheaper suits made from cheaper fabrics, but I recommend getting a decent quality suit. I purchased my suit for clerkship interviews three years ago and still wear it for court appearances and more formal days at work now. It is well worth the investment. Consider lay-buy if you cannot pay for it upfront. If you start your lay-buy now, you have a good 4 to 6 weeks to pay it off before clerkship interviews start in July.

What should I look for? Aka what to do when you are in the change room

Fabric

Locate the cleaning and fabric information tag. This will either be sewn in along the seam or sewn in the suit jacket pocket. Read the tag. I recommend 100% wool suits. They are breathable, durable and rarely need dry cleaning, as wool takes a long time to get smelly, coping well with sweat and other smells. Avoid polyester like your life depends on it. In a hot Sydney summer you will literally fry in your polyester suit when walking to court. The wool suits available in Sydney are made for hotter climates, so don’t think it will be too hot for summer. Wool is like climate control for your clothes. You can also buy a suit in a quality wool blend such as wool/polyester (make sure the percentage of polyester is low) and wool/cashmere (getting fancy).

Fit of the jacket

Put the jacket on and button the top button. The jacket should be a snug fit across your body as the modern look is for slim fitting suits. However, the fabric should not pull anywhere. Make sure the size is a good fit for your shoulders. If you can’t move your arms, the jacket is too tight. If the jacket shoulders look like they are jutting out from you, the size could be too large. Shop assistants are generally trained at fitting suits, so use them for a second opinion. Move your arms up and down to check mobility. You need to be comfortable. Do not worry too much about sleeve length, as you can get this altered. You do need to worry about sleeve length if you have long arms, as there is only so much a tailor can lengthen the jacket. Shortening is no problem. You will not find a ready to wear suit that fits you perfectly everywhere. I usually focus on shoulder and waist fit and leave sleeve fit to the tailor.

Long line v short line

The line of the jacket refers to the length of the jacket. If you are short go for a short-line jacket, as this will be more in proportion to your body. If you are taller, you may want to consider a longer-line jacket.

Buttons

A suit jacket will have anywhere from 1 to 3 buttons. Generally, you will only be using the top button, but if you are taller, you may use two buttons, so make sure your chosen jacket has more than one button if you are on the tall size.

Fit of the pants

The pants should be a straight fit ie not flared and not skinny. Make sure the pockets sit flat against your thighs and do not bulge out or look funny. Make sure you look at your rear view in the mirror to check the back is sitting straight. Walk around to make sure they are comfortable. The fit of the waist band is important, but can easily be taken in. The pants can also be taken up if they are too long.

Fit of the skirt

Most suit skirts are pencil skirts. Warning: there is such a thing as a too tight pencil skirt. You also need to be able to walk confidently in your skirt, so if there is no room for your thighs to move at all and you are reduced to walking like a penguin, it is probably not the right cut for you. Alternatively, you can go up a size to give your legs more room then have the waist taken in. Check that the skirt falls at least to the top of your knee.

Try your suit on with a shirt

You will be wearing a shirt to your interview, so make sure you try your suit on with a shirt to see how it will sit. If you decide to buy a suit, make sure you ask for a discount on the shirt. You might even be able to get a shirt for free, especially if you are buying the suit full price.

When to buy

Now! Mid-year clearance sales start this weekend. Most brands slash suiting prices by 30 – 50%, saving you hundreds of dollars.

Where to buy

Make sure you try on suits in at least three different brands before making your final decision. Shop assistants understand that most people shop around for suits, so don’t feel pressured to buy the first suit that fits. An even better one may be just around the corner. Below I have included my recommendations including comments and an estimate of the price range for a suit in that brand. Remember that on sale the price of suits is reduced dramatically.

You can’t go wrong if you shop at:

1.       Rhodes & Beckett

Price estimate: Jacket: $529.00; Pant: $249.00; Skirt; $169.00

Great quality wool or wool blend suits in classic cuts. Great first suit option. Also famous for their Egyptian cotton shirts. Their shirts continue to be made from Egyptian cotton in Alexandria, Egypt, while other brands such as Herringbone now source their shirts from China with quality being impacted. While Rhodes & Beckett is based in Melbourne, there are several stores in Sydney including Macquarie Place, Martin Place, Westfield Bondi Junction, Westfield Sydney and concession stores in Myer Sydney City and Bondi Junction.

2.       Herringbone

Price Estimate: Jacket $549; Pant $269; Skirt $189

If you like supporting Australian brands, go for Herringbone. Herringbone was established in 1997 and has beautiful wool suits. Since the brand has been acquired by German shirting brand van Laack, I personally believe the quality of at least the shirts has gone downhill. Herringbone remains a solid suiting option. Herringbone has stores at Circular Quay, QVB, Woollahra, and Mosman. There is also a clearance store at Birkenhead Point. Given classic suiting never goes out of fashion, it may be worth hitting up the Birkenhead Point store if pricing is an issue.

3.       Farage

Price Estimate: Jacket $589; Pant $289; Skirt $249

Farage is pure luxury and will give you the satisfaction of wearing a brand not many other clerks will be wearing. Farage is an Australian brand inspired by Parisian lifestyle. Sigh. Shop at Farage if attention to detail and quality is your thing. They often have great contrast lining and stitching details. Farage is great for taller lawyers, as many of the jackets and styles are longer line. Stores in Sydney include Chifley Plaza, MLC Centre, Strand Arcade, and Westfield Bondi Junction.

4.       Saba

Price Estimate: Jacket $399; Pant $199; Skirt $175

Go to Saba for modern classics. They do have wool suiting, but just be careful as some of the suiting is not wool. I own Saba non-wool suiting and it is fantastic, but I would not recommend non-wool suiting for a first purchase. I find Saba great for shorter figures, as they have cropped pant options meaning you don’t have to pay for the tailoring.

5.       Hugo Boss

Price Estimate: Jacket $1,000++; Pants $600++; Skirt $500++

Probably beyond the price range of most law students. But if your parents are paying...

6.       Carla Zampatti

Price Estimate: Jacket $649; Pants $449; Skirts $449

Carla Zampatti always has a seasonal range of modern, sharp suiting. If Julie Bishop is your inspiration, shop where she shops (FYI she also shops at Hugo Boss).

Hit & Miss but might be worth a look

1.       Sportscraft – usually reserved for people our parent’s age and above, Sportscraft actually has some great suiting options in classic cuts. They also do wool suiting which is a bonus. 

2.       Cue – great modern suiting, but the fabric quality can vary. While some of the synthetic blends are of acceptable quality, it can be difficult to find wool blends at Cue.

3.       Oxford – a cheaper suiting option, just watch out for fabric quality, fit and cut.

4.       Country Road – the suiting is very overpriced for the quality and given the cuts are often not classic, clerks should avoid suit shopping here.

5.       Witchery – better to shop at Witchery once you have the basics of your working wardrobe sorted.

Once you have got the job and seen what your colleagues wear you can get more inventive in the brands department. Some unexpected brands do really great work wear including Zimmerman and Sass & Bide. Once you have some good quality basics, you can also get seasonal work wear from your old university favourites like Forever New and Witchery.

Tailoring – aka how to make your Saba suit look like Hugo Boss

Unless you resemble a mannequin, you will need to get your suit tailored. Do not skip this step. The most expensive suit jacket with too-long sleeves can make your suit look cheap. The most common alterations required are:

1.       Taking the jacket sleeves up or down;

2.       Taking trouser or skirt waist line in; and

3.       Taking the hemline of the skirt or trousers up or down.

Shoes

Your work shoe-drobe needs to start with two essentials:

1.       Black flats

Ballet flats are ideal, but anything in plain black or patent leather is acceptable. Flats with a pointed toe shape are popular at the moment and can be found at most chain stores including Witchery and Country Road. Wittner always have about 20 different pairs of black flats to choose from at any one time. You will be wearing these flats to death so make sure they are comfortable. If you are new to the “black flats” scene go to Ferragamo for inspiration and then Sambag to actually buy a pair.

2.       Low court heels

You need a low, basic court shoe in black nappa or patent leather for your interview. I cannot reiterate enough how the heel should be low. Some clerkship recruiting processes involve extensive networking functions that go for hours. You need to be standing up and walking normally, not like you are about to keel over because your heels are too high. Round toe, pointy toe, and almond shaped toes are all appropriate. Peep toes are not.

If you are tall you can wear your black flats to your clerkship interview. Otherwise I recommend wearing low court heels. Always travel to your interview in flat shoes so you can run for it if you find you are running late.

Make – Up

At your interview the look you are going for is “fresh and alert”. You should barely be able to tell you are even wearing make-up. If you are a serial offender when it comes to heavy foundation and excessive dark eyeliner, you may want to book a make-up appointment a few weeks beforehand to be taught how to do the more natural look by a professional. If you are booking a professional appointment, avoid brands like MAC and Illamasqua that generally create full face event make up. I have had make-up tutorials at Clinique, Lancome, and Chanel and found they were all great at creating minimalist, natural looks. Just specify that you are after a natural work-appropriate look that you can recreate yourself.

Nails

Short, natural nails are ideal for interviews. You want to appear practical but well-presented. Three types of nail polish are appropriate:

1.       Nude – make sure you pick the right nude for your skin undertone;

2.       Baby pink (not bright pink); or

3.       Simply apply a top coat to give the nails a natural sheen.

Long nails and any form of fake nails are inappropriate. Once you get the job, life becomes more flexible and you may be able to wear other coloured nail polish. For now, reign in your creative side.