Woolworths has denied violating Anzac Day trading restrictions, saying its New South Wales stores were staffed by “volunteer salaried managers” before opening.
The supermarket giant has been accused of breaching state retail trading laws in NSW, where large retailers are forbidden from opening before 1pm on Anzac Day.
Fairfax Media said staff were “making sushi, stocking seafood and delicatessen counters, filling buckets with fresh flowers and firing up the ovens so customers could be greeted with the smell of freshly baked bread”.
Stores in suburban Sydney, Katoomba, Richmond and Parkes were reportedly taking deliveries from 9am. “By 1pm, the bread rolls were baked and the warmers were filled with roast chickens – the weapon of choice in the latest price war,” Fairfax reported.
News Corp Australia published “supplied” photos of roast chickens timestamped as early as 11.44am and sushi prepared at 10am at Woolworths stores.
The maximum penalty for breaching trading hours restrictions is $11,000 per store. Woolworths has 250 branches in NSW..
Woolworths told media that preparation was carried out by “volunteer salaried managers” and as such was in line with regulations.
“Clear direction was given to stores that volunteer salaried managers were allowed to enter and undertake certain limited preparations for opening at 1pm,” a Woolworths spokeswoman told Fairfax.
“This is in line with the NSW regulations. We were keen to ensure our customers’ shopping experience today, as on all days, met their expectations.”
Coles questioned whether “volunteer” managers were qualified to make fresh sushi, slice salami and turn on ovens.
A spokesman said Coles was not able to comment on Woolworths’ activities, but reiterated that its team members were prevented from entering its NSW stores before 1pm.
“Unfortunately this meant that some products including roast chickens and store-baked bread were not available for a few hours after our NSW stores had opened.
“We apologised to our customers for the inconvenience and our team worked hard through the afternoon to deliver our full product range.”
In the past, the state minister for industrial relations has requested that inspectors enforcing restricted trading hours use “common sense” and allow businesses to prepare for opening before 1pm.
When the NSW government passed legislation last year to allow trading on Boxing Day, it also sought to change the law to allow stores to prepare for sale before 1pm on Anzac Day and other public holidays, but this part of the bill was opposed by other parties.
Because of this, the NSW industrial relations minister and state treasurer, Gladys Berejiklian, said she would not be issuing a statement giving stores discretion to accept deliveries or prepare for sale this year.
Asked about Woolworths’ operations on Anzac Day, Berejiklian said that any alleged breaches would be investigated.
In November, Industrial Relations NSW fined the Supa IGA in Appin $1,700 for opening on Good Friday and Easter Sunday and advertising that it was open for trade.
Last year Woolworths was ordered by the government to pull down its widely criticised “fresh in our memories” Anzac commemorative website after the supermarket giant failed to ask permission to use the protected word “Anzac” in the marketing campaign.
