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Despite a union-led appeal to have the ruling on weekend and public holiday penalty rates overturned, The National Retail Association (NRA) has backed other industry groups in the effort to defend the Fair Work Commission’s (FWC’s) decision.

NRA CEO Dominique Lamb said the association respected the ruling by the FWC, however maintained it would've prefered to have seen the decisions go further.

“Every industry or employer association has walked away from this ruling carrying some form of compromise, which is generally a good indicator of a fair and well-balanced decision, but only one sector has decided that its needs are more important than those of the Australian economy.

“The changes handed down by the FWC also addressed growing concerns around under-employment, and would allow more employers to create more permanency for those workers who have in the past not been offered a more permanent role.

“These changes have been delayed for four years, giving everyone time to prepare, and we will stand together to ensure our members are able to get on with the job of growing their businesses and in turn employing more Australians, and supporting the economy."

Lamb also said that should the decision be overturned, more SMEs will look to family and the like to take over shifts, rather than seeking external employees, particularly youth.

“The retail industry is the highest employer of youth in this country, accounting for a quarter of all employed youth, and they want to work these shifts because it’s when it suits them, so they can balance their studies and social lives.

“These rates are not being abolished, they are being brought into line with Saturday’s rates, to ensure the retail industry is able to keep step with the modern consumer demands – which are for longer and more convenient hours, better customer service, better offerings and a higher value-for-money.  

“If businesses simply cannot turn a profit while paying Sunday penalty rates, these young people just won’t have the work at all, because the businesses will either work those days themselves, or simply not open at all."

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