SUNDAY
TRADING — KARRINYUP SHOPPING CENTRE
514. Hon LYNN MacLAREN to the Minister for Commerce:
(1) Is the minister aware that shoppers at
AMP Capital's Karrinyup Shopping Centre have been told that all shops
at the centre will be required to open on Sundays from 26 August?
(2) In the event that shops choose not to
open on Sunday, whether it is at Karrinyup Shopping Centre or any other
location, how are these shops protected from penalty from the centre operators?
(3) Have other shopping centres advised their
tenants that they have no option but to open on Sundays; and, if so, how
widespread is this practice?
(4) How will claims
such as this be investigated?
(5) What efforts has the government employed
to make retailers aware of their right to choose not to open on Sunday?
Hon
SIMON O'BRIEN replied:
I thank the honourable member for the question. She indicated
to me a little while ago that she would be raising the matter, which has given
me an opportunity to make some inquiries.
(1) No. At my
request my office has been in contact with shopping centre management at
Karrinyup and we have been informed that although all shops have been offered
the opportunity to open and will be supported to do so, management is complying
with the legislation. If the honourable member has heard from a shopper that
all shops are being directed to open, that is denied by the centre and I am
glad to say there is no suggestion that that is happening.
(2) The
Commercial Tenancy (Retail Shops) Agreements Act 1985 provides a number of
protections. Firstly, any provision in a retail shop lease that requires a
tenant to open at specified hours or times is void, so a landlord cannot
lawfully require a tenant to open at specified hours. Secondly, if a tenant
believes their landlord has refused to renew a shop lease because the tenant
did not open their shop at specified hours or times, the tenant can apply to
the Small Business Commissioner for mediation. If that fails then he can apply
to the State Administrative Tribunal for an order that the landlord pay
compensation for pecuniary loss suffered as a result of failure to renew the lease.
Thirdly, tenants cannot be required to contribute to the landlord's
operating expenses related to non-standard hours unless they chose to open at
standard trading hours which are, for the purposes of the act, 8.00 am to 6.00 pm
Monday, Tuesday, Wednesday and Friday; 8.00 am to 9.00 pm on Thursday; and 8.00
am to 5.00 pm on Saturday. Despite the recent changes to Sunday trading hours,
those standard hours have not been changed.
(3) I am not
aware of any shopping centres advising tenants that they have no option but to
open, although obviously shops will be encouraged to open, and I think a lot
will take advantage of the new hours.
(4) Tenants
who believe they may have been affected should contact the Small Business
Commissioner—a position this Parliament established to provide such
protection amongst other things in recent times.
(5) Most
recently in the context of Sunday trading, I wrote to the various business
groups stakeholders on 17 July, which included the Chamber of Commerce and
Industry of Western Australia, the Retail Traders' Association of WA,
the Combined Small Business Alliance of Western Australia, the Property Council
of Australia, the Council of Retailers WA, and the Western Australian Council
of Retailers Association advising all of them of the new arrangements, and
providing information that retailers have a choice whether to open on Sundays.
Information is also available on the websites of the Department of Commerce and
the Small Business Development Corporation. In addition to this, the Small
Business Commissioner is writing to over 11 000 metropolitan retailers
outlining their rights in relation to Sunday trading. It is anticipated that
that letter will reach most retailers, and included in that letter will be a
four-page document that reinforces the message and outlines the services that
exist to support small retailers.
In conclusion, the matter that the member has raised is
serious, which is why I wanted to examine it properly and respond fully.
However, there does not appear to be any basis for the gossip and therefore
retailers can approach the Sunday trading regime with confidence.