Trading hours

The Government recently introduced legislation into the State parliament, which if passed, will give general retail shops in the metropolitan area the option of opening to 9pm on weeknights. Businesses will retain the right to determine when and if they wish to open.

This decision is consistent with the Liberal Party’s election commitment to examine extending weeknight trading, with community consultation. In recent months the Premier has met with at least 18 key industry and community groups to discuss the proposal. The majority supports the extension to weeknight trading hours.

The Government is conscious of the concerns of a number of small businesses, particularly retail tenants, about the effect of extending weeknight-trading hours.

The extension of retail trading will not affect the existing rights of businesses. Businesses will continue to have the right to decide when and if they wish to open. Retail tenants will also continue to be protected by Western Australia’s Commercial Tenancy (Retail Shops) Agreements Act 1985 (the Act).

Under the Act, retail tenants cannot be forced to pay additional expenses if they choose not to open during extended hours, nor can a landlord refuse to renew a lease because a tenant chose not to open during extended hours.

Later this year the Government will introduce a bill into the parliament that will amend the Act to further strengthen the protections available to retail tenants.
The changes will assist in redressing the information imbalance that can occur between landlords and tenants and will ensure a fair and transparent framework in which landlords and retail tenants can carry out their business. The amendments will also bring Western Australia into line with retail tenancy legislation in other States and Territories.

The extension of weeknight trading hours is a moderate step that takes account of changes that have come about in the lifestyles and working hours in the metropolitan area, especially those for young families and working couples.