Boxing Day sales a mixed shopping bag

“CARNAGE”; “record sales”; “over 100 ATM transactions per second” – so went various media descriptions of the traditional Boxing Day shopping blitz, which in 2015 for the first time saw all retailers across the whole of NSW, including Dubbo, allowed to trade on December 26, under the condition workers and lessees freely chose to do so.

For many, opening their doors on the day after Christmas proved a lucrative choice. The Australian Retail Association’s official Boxing Day Sale tally for NSW was $749,920,990 with the bulk of sales occurring in metropolitan centres however no figure has been released on costs to retailers.

Some businesses did not see the worth in opening their doors despite the Retail Trading Amendment Act 2015 allowing them to do so.

“Penalty rates are a bit of a contentious issue for some retailers. If they’re just breaking even after they’ve paid wages some feel they’re just doing a community service for what they make out of it,” Dubbo Chamber of Commerce president, Matt Wright told

Dubbo Weekender. “We’d like to get feedback from Dubbo’s retailers about their thoughts on the Boxing Day sale. It would be useful to gather information on business sentiment and consumer sentiment,” Wright said.

“The figures are pure fiction,” said one small business owner who has premises on Dubbo’s Macquarie Street, while Shop, Distributive and Allied Employees Association NSW branch secretary Bernie Smith was contacted by Dubbo Weekender but was on leave and unvailable for comment. In the days after the Boxing Day Sales rules were amended, however Smith expressed disappointment at the change saying in a 2015 statement their members were concerned. “They know that members in shops won't be able to resist the pressure to work. They won't want to work. They'd rather be at home with their family and friends,” he said at the time. Under the Act fines of up to $11,000 per person found to have been coerced to work can apply. It is unknown if any complaints were received from workers in Dubbo where large chain stores and some smaller retailers took advantage of the act’s amendment. “Certainly businesses in the centres like Orana Mall and Dubbo Square saw a lot of traffic through their ability to pull a crowd and a lot of stores took advantage of that,” Chamber boss Wright said. Traffic was solid downtown and it looked like a normal trading day. There was good foot traffic and I’d like to think that translated into sales in the till.” Cherie Forrester, centre manager of

“If they’re just breaking even after they’ve paid wages some feel they’re just doing a community service for what they make out of it.” – Dubbo Chamber of Commerce president, Matt Wright

Dubbo’s Orana Mall, said the centre had opened on Boxing Day around six years ago at a time when they had to apply for, and were granted, a license to open. “We open if the majors want to open. Woolworths applied and was approved. Because of the new legislation, Woolworths did open nationally and a lot of our national companies did as well,” Forrester told Weekender. “The pattern that we seem to find is the younger fashion shops had a lot of people going there, and Big W was very busy. Our numbers were very good. “Stores inside the mall did not have to open. When we sign a lease we give retailers the hours as part of the Retail Act and we set all that out so people are covered,” she said. The new amendments nullify lease agreements on Boxing Day so stores are not obliged to open. Landlords of retail premises are liable for fines of up to $22,000 if they compel business owners to open on restricted trading days. “We are governed by legislation when we open. For the mall to function much better it’s good that we open all our stores. We do understand though that there considerations about where we live,” Forrester said.

“The legislation really benefits (shoppers in) places like Wollongong and Newcastle that could trade and not travel to the Sydney CBD. Of course we don’t want seepage as we’ve spent a lot of money building the mall. At least consumers didn’t have to drive out of Dubbo.” Trevor Evans, CEO National Retailers Association told Dubbo Weekender the general feedback the association had received from retailers is that opening the stores on Boxing Day was worthwhile and spending in 2015 was up on previous years both beforehand and in post Christmas sales. “That changes region to region, and category to category but NSW was one of the better performing states over Christmas and the Boxing Day period. “Opening in all rather than a few areas has been a net positive. The Sydney CBD didn’t quite have as many people there because people had more options but the net impact was positive. “I’m yet to see the hard data so to comment on the legislation being worthwhile to regional retailers is anecdotal but I absolutely have no doubt there was an increase in sales and employment,” Evans said. On the issue of the Dick Smith post Christmas announcement Evans said January and February are usually quieter times and if there is going to be a high profile closure it tends to happen then in the wash up.

“It’s not unusual that gift cards are not redeemable or goods paid for can’t be collected. It’s not automatic but usually the way it happens. What’s important is to recognise it has not closed* but is being administered and hopefully able to trade out,” Evans said.

The Retail Trading Act 2015 comes with a sunset clause, which comes into effect on December 1, 2017. New legislation would have to be introduced into Parliament if the 2015 amendments are to operate permanently.

"After two Boxing Days we have to have an independent review and the law automatically goes back to what it is now unless as a government we demonstrate that it's been successful [and] the amendments strengthened the rights of workers," according to a statement last year by NSW Industrial Relations Minister Gladys Berejiklian,.

The state’s foray into a Boxing Day Sales option to open follows other deregulated states: Victoria, Western Australia, Tasmania, the ACT, the Northern Territory and many parts of Queensland.

Restricted retail trading days in NSW under the Retail Trading Act 2008 are Good Friday, Easter Sunday, ANZAC Day (prior to 1pm) and Christmas Day. Conditions and exemptions apply.

*At the time of going to print.