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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-11-17 Daily Xml
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Parliamentary Procedure

Standing Orders Suspension

Mr MALINAUSKAS (Croydon—Leader of the Opposition) (11:03): I move:

That standing and sessional orders be so far suspended so as to allow me to move without notice forthwith that Order of the Day No.52 be given priority over all other business, including Government Business.

The SPEAKER: An absolute majority not being present, ring the bells.

An absolute majority of the whole number of members being present:

Mr MALINAUSKAS: It is absolutely essential that this parliament immediately deal with the question of the bill to make Christmas Day a public holiday. As you will know, Mr Speaker, I have already furnished this house with comprehensive arguments as to the merit of the policy itself, but the reason we need this suspension today is that right now we are, believe it or not, 39 days (including today) away from Christmas Day—only 39 days.

My wife has started the shopping. She is ever diligent arranging Christmas presents; I was somewhat surprised when she informed me that now was the time. But the pageant has come and gone, and the pageant in our beautiful state always signifies the commencement of the official Christmas period. So Christmas is coming. It is 39 days away, and right now the people of this state, the workers of this state, the employers of this state, have absolutely no certainty whatsoever regarding the arrangements and industrial conditions that need to be applied on Christmas Day.

It is well documented that on this side of the house we have a rather orthodox and conventional view that Christmas Day should be a public holiday. It turns out that on the other side of the house they do not believe Christmas Day should be a public holiday.

We know that the Liberal Party has articulated its position that workers should work on Christmas Day without any additional recognition for it in the form of additional remuneration. We know that workers at Golden Grove and Tea Tree Plaza will be serving customers in pubs and fast-food outlets, or at Modbury Hospital, the workers there, that we understand the member for Newland and the member for King do not support getting remunerated on Christmas Day.

However, the critical issue about the need for immediate intervention is that employers are doing rosters for Christmas Day as we speak. Whether they be publicans, whether they be private hospitals, public hospitals, retail outlets, you name it, business is far more advanced than I am on Christmas shopping. They are planning their busiest trading period of the year, which means they are putting in place rosters for their staff as we speak.

It will not surprise members to know, or to learn, that whether or not staff are going to want to work on Christmas Day will be informed by whether or not they are paid penalty rates. So we need this suspension so that, as a chamber, we can deal with this question. In the Legislative Council, in the other place, they have deemed that Christmas Day should be a public holiday, notwithstanding opposition from those opposite.

It is now high time that this chamber address this really simple, basic question: should Christmas Day be a public holiday, yes or no? We say yes, they say no. Let the record reflect that with a vote. Let the house suspend standing orders and deal with the question, so those people working in the retail sector, in the health sector and in our emergency services can have a degree of confidence and knowledge. Where does everybody stand? Where does everybody stand on the issue?

They know how we stand, but they need to know where the member for Newland stands, where the member for King stands, where the member for Elder stands, where the member for Adelaide stands on this essential, basic question. They are entitled to know the answer to that question and only through a suspension of standing orders are we going to find that out.

Christmas Day is a really special day. It is an important time of the year. I cannot begin to imagine how difficult it is to give that up, to give up seeing your kids on Christmas morning to serve others. I do not imagine that is an easy sacrifice to make. The truth be told—

The Hon. D.C. van Holst Pellekaan interjecting:

Mr MALINAUSKAS: I note the interjections from the member for Stuart, that he seems to think that it is perfectly legitimate for people to be giving up Christmas Day.

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order, sir.

The SPEAKER: There is a point of order, leader. Leader, please be seated. I will hear the point of order.

The Hon. D.C. VAN HOLST PELLEKAAN: Yes, the leader is deliberately misrepresenting me. What I said was, 'I have done exactly that lots of times.'

The SPEAKER: Very well, we will draw the leader to the substance of the motion.

Mr MALINAUSKAS: All the Christmas Days prior there has been a public holiday, so when the member for Stuart so valiantly gives up his labour on Christmas Day it is normally a public holiday—

Members interjecting:

The SPEAKER: Order!

Mr MALINAUSKAS: —but not today. Why? Because this Premier will not sign off on ordering a public holiday.

Members interjecting:

The SPEAKER: Order! Members will not respond to interjections. It is disorderly.

Mr MALINAUSKAS: Every other—

Members interjecting:

The SPEAKER: Order! There is some passion and—

Members interjecting:

The SPEAKER: Order, members! Member for Playford!

Members interjecting:

The SPEAKER: Order! Members will have the opportunity to speak on the suspension, if they wish, in an orderly way.

Mr MALINAUSKAS: Mr Speaker, I could not help but hear that the member for Morialta suggested that people should stop lying.

The SPEAKER: Please do not respond to interjections.

Mr MALINAUSKAS: I would seek that he withdraw and apologise for that statement.

The SPEAKER: There has been a point of order raised. The member for Morialta may wish to respond.

The Hon. J.A.W. GARDNER: Sir, I was quoting the Leader of Opposition. I will quote him again. I withdraw and apologise.

The SPEAKER: Very well.

Mr MALINAUSKAS: The truth be told is that when the member for Stuart has worked on Christmas Days prior, they have been public holidays.

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order, sir.

Mr MALINAUSKAS: Let me just—

The SPEAKER: Leader, there is a point of order.

Members interjecting:

The SPEAKER: Order, the member for West Torrens! I will give precedence to the point of order.

The Hon. D.C. VAN HOLST PELLEKAAN: To give the leader as much support as I possibly can and help him not mislead parliament again, let me also say, Mr Speaker, that the government supports the suspension of the standing orders, so he can stop his speech.

The Hon. S.C. Mullighan: It's not an opportunity for an impromptu speech.

The SPEAKER: Member for Lee, very well. I might add, though, that the information shared by the Leader of Government Business is important to the debate. Thank you, Leader of Government Business.

Mr MALINAUSKAS: The irony of what I am about to request is not lost on me but, nonetheless, the member for Bragg has suggested that I have misled the house. I ask that she withdraw and apologise.

Members interjecting:

The SPEAKER: Order! A point of order has been raised. As the Deputy Premier is aware, the test is a subjective one. I invite the Deputy Premier to respond.

The Hon. V.A. CHAPMAN: I am happy to, sir. Unfortunately, the member has consistently alleged that this—

Members interjecting:

The SPEAKER: Order!

The Hon. V.A. CHAPMAN: —circumstance applies every Christmas Day. It does not and we know that, but if he is unhappy about it I am happy to withdraw it and let's just get on with the debate. That would be great.

The SPEAKER: Very well. Thank you, Deputy Premier. Leader, I might observe the government appears to have conceded that it will support the suspension so I bring you to the question, and I observe, too, that the electronic hourglass had earlier not been presented and so far you have been given considerable time. I continue to indulge the leader.

Mr MALINAUSKAS: I am happy to finalise my remarks, Mr Speaker.

The Hon. D.C. van Holst Pellekaan: Anything else you say is a waste of time because we support the suspension.

The SPEAKER: Order! The leader has the call.

Mr MALINAUSKAS: As I was seeking to explain to the member for Morialta and the member for Bragg and the member for Stuart, every other Christmas Day prior has been a public holiday. On the rare exception where a public holiday—Christmas Day, that is—has fallen on a Saturday previously, alternate industrial arrangements were in place. When those internal—

Members interjecting:

The SPEAKER: Order! There is a point of order. I will hear the point of order from the Leader of Government Business.

Members interjecting:

The SPEAKER: Order! The member for Morialta and the member for Lee will cease interjecting.

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order, sir: the leader is not addressing the suspension. We have already said we support the suspension. Let's get on and suspend and move to the real debate.

The SPEAKER: There is considerable merit in the point of order. The leader, I bring you to the substance of the debate.

Mr MALINAUSKAS: The reason why we must address this bill here and right now and support the suspension to do it forthwith is that we are now facing an unprecedented circumstance where not only is Christmas Day falling on a Saturday and thus not being a public holiday but simultaneously other industrial arrangements that have always been in place when that arrangement has occurred prior no longer exist. So we now have a—

Members interjecting:

The SPEAKER: Order!

Mr MALINAUSKAS: —situation where Christmas Day is—

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order, sir.

Mr MALINAUSKAS: —falling on a Saturday—

The SPEAKER: Leader, there is a point of order.

Mr MALINAUSKAS: —and is not a public holiday and workers will not receive penalty rates for it—

The SPEAKER: Leader, the member for Stuart—

Mr MALINAUSKAS: —which is why we must resolve this now—

The SPEAKER: Leader!

Mr MALINAUSKAS: —and act to bring the bill on.

The SPEAKER: The Leader of Government Business.

The Hon. D.C. VAN HOLST PELLEKAAN: The leader is not addressing the substance of debate, which is the suspension. He knows we support the suspension. Let's suspend and get on with the debate proper.

The SPEAKER: Very well, member for Stuart. The leader, I will continue to hear you, but I must emphasise that the Leader of Government Business has conceded the government proposes to support the motion that you are moving.

Mr MALINAUSKAS: I appreciate the government's indulgence to support the suspension of standing orders, but herein lies the problem: when the Leader of Government Business says the government supports it, it does not necessarily mean the votes are there, because we know they have a propensity to spray all over the place. We know that the Leader of Government Business cannot carry the government's votes on a consistent basis. So, as I was saying—

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order, sir.

The SPEAKER: There is a further point of order from the member for Stuart. The Leader of Government Business—

Members interjecting:

The SPEAKER: Order, Deputy Premier! Order, member for Lee! Member for Lee, I have within contemplation 137A.

The Hon. D.C. VAN HOLST PELLEKAAN: Again, the leader is not addressing the substance of the debate. If he really means what he says, let's get on and vote.

Mr MALINAUSKAS: If I could just conclude my remarks uninterrupted by the member for Stuart, the simple fact is we are dealing with an unprecedented circumstance, where not only is Christmas Day not a public holiday but it is also occurring at the same time that new industrial arrangements are in place, which means that other enterprise agreements and the like, which previously provided an automatic benefit for Christmas Day falling on a non-working day, are provided for.

Therefore, without this house's immediate intervention to make Christmas Day a public holiday, thousands of workers in this state are going to go without additional remuneration and recognition for giving up one of the most important days of the year. That is why the house needs to resolve this immediately: so that workers know what the arrangement is. That is why small business needs the house to resolve it: so they can plan and budget accordingly. We simply seek the house to vote on this immediately, to provide South Australian certainty and make Christmas Day a public holiday.

Mr BELL (Mount Gambier) (11:18): I rise to lend my support to the immediate suspension and carrying forward of this bill to its conclusion. With only 39 days to go until Christmas, it is important that this house has this resolved today. There are many businesses in my electorate that are trying to plan rosters and, of course, part of that on Christmas Day will have a cost aspect to it. The final cost of meals and service provided on that day is very much dependent on whether penalty rates apply to workers on that day.

It is somewhat frustrating that it is so late in the piece that we are discussing this as a parliament. We have had since 2010, believe it or not, to have this addressed, and here we are 39 days from Christmas Day, with people and businesses, particularly small businesses, deciding whether or not they will open or close, but more importantly for those who have decided to open, what costs need to be factored in to that day's trading. I encourage the house to support the suspension, move through without delay and bring this bill to a conclusion one way or another.

The SPEAKER: Leader of Government Business—I should observe, however, there are customarily two speakers on a suspension debate. I have recognised the member for Mount Gambier as the second speaker, but I am happy to hear the Leader of Government Business on indulgence as a third speaker.

The Hon. D.C. VAN HOLST PELLEKAAN (Stuart—Minister for Energy and Mining) (11:19): The government supports the suspension. We need no more speakers.

Motion carried.

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