Woolies let off the hook over Anzac Day breaches

WOOLWORTHS was facing potential fines of $2.75 million for sneakily letting staff in early on Anzac Day. Here’s what happened next.

Woolworths was provided ‘ambiguous’ advice. Picture: Brendon Thorne/Bloomberg

WOOLWORTHS will not be fined by NSW authorities over statewide breaches of strict Anzac Day trading restrictions for letting staff into stores prior to 1pm.

Last month, news.com.au revealed that the supermarket giant could be facing up to $2.75 million in fines for multiple breaches of the Retail Trading Act 2008, which carry a maximum penalty of $11,000 per store.

But following an investigation by NSW Industrial Relations, Woolworths has been let off the hook because advice provided was “unclear or ambiguous”.

NSW Industrial Relations executive director Vicki Telfer said Woolworths sought verbal advice from the body on March 15 in relation to Easter and Anzac Day trading.

“It appears that the verbal advice provided was unclear or ambiguous,” she said. “Written advice was not provided. I have apologised to Woolworths for the unclear advice.

“I have been informed by Woolworths that it relied on the advice and permitted some staff to work in a number of stores, albeit on a ‘volunteer’ basis, before 1pm on Anzac Day.

“NSW retail trading laws do not permit such activity unless there is an exemption in place. It is my view that NSW IR has a responsibility to always provide clear and unambiguous advice.”

Ms Telfer said in view of the unclear advice provided by her department, “it has been decided that no further action will be taken with respect to any breaches of NSW retail trading laws in this instance”.

“I am taking this opportunity to remind all stores of their obligations in relation to NSW retail trading laws and in particular the requirement around restricted trading days,” she said.

“On restricted trading days stores are not permitted to open or prepare to trade unless they have a written exemption.

“NSW IR is reviewing its processes for providing advice to customers to ensure this situation doesn’t reoccur. The website is also being updated to ensure the advice on retail trading on restricted trading days is clear to all.”

A Woolworths spokesman said: “We welcome their finding as it reflects our constant aim to comply with law and regulation.”

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