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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-11-23 Daily Xml
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CHRISTMAS DAY PUBLIC HOLIDAY

The Hon. CARMEL ZOLLO (14:47): My question is to the Minister for Industrial Relations.

Leave granted.

The Hon. CARMEL ZOLLO: This year Christmas Day falls on Saturday 25 December, and in accordance with the Holidays Act 1910, the following Monday will be a public holiday in lieu of the actual day. Will the minister advise what arrangements have been made for public sector employees who may be required to work during this time?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (14:47): Mr President, as I am sure you are aware, even if the opposition is not, section 3(1)(a) of the Holidays Act 1910 prescribes that, when Christmas Day falls on a Saturday, the following Monday will be a public holiday in lieu of the actual day. Saturday 25 December will not be a public holiday by reason of the act; instead, Monday 27 December will be a public holiday. This has also occurred in 2004, 1999, 1993, 1982 and, of course, prior to that.

In 1976, as a result of an application lodged in the South Australian Industrial Relations Commission, Justice Olsson awarded a special additional penalty rate. In his decision, Justice Olsson recognised the special significance of Christmas Day and the disadvantage of having to work on such a day. He also decided that some proper differential recognition needed to be given to those employees having to work on the Monday, given that this is the actual public holiday. Justice Olsson determined that a rate of double time was fair compensation for being required to work on Christmas Day.

Since that 1976 decision, the approach outlined has been adopted each time Christmas Day has fallen on a Saturday. The essential justification remains the same: Christmas Day is a day of social and religious significance for the community and industrial tribunals have determined that this should attract a penalty rate higher than the normal weekend penalty rate.

In 2004, the number of public sector employees required to work on 25 December was about 2,000, including hospital ancillary staff, security staff, police, correctional officers, ambulance officers, nurses, medical officers, etc. As has previously occurred for the South Australian public sector, I have approved a special additional penalty rate of 50 per cent to be paid to public sector employees for all required and rostered time worked on Christmas Day, Saturday 25 December 2010. The result to the vast majority of public sector employees is a 200 per cent rate for time worked on Saturday 25 December 2010, and overtime worked would be 200 per cent or 250 per cent depending on the period worked and the applicable industrial provision. This will include—

Members interjecting:

The PRESIDENT: Order! You might want to listen to the minister and find out when your holidays are.

The Hon. P. HOLLOWAY: This will include public sector doctors, police, ambulance officers, firefighters and correctional officers. As a 250 per cent penalty payment is generally applicable to the proclaimed public holiday of Monday 27 December 2010, I have also approved that, where a union seeks a reverse arrangement, a consent variation be made to the applicable award to the same effect as occurred in 2004 with the Nurses (South Australian Public Sector) Award 2002. An arrangement such as this would mean that the higher penalty can be paid on the Saturday and the lower penalty on the Monday.

On 11 November 2010 the Australian Nursing & Midwifery Association (SA Branch), with the support of the employer government, made application to the Industrial Relations Commission of South Australia to vary the Nurses (South Australian Public Sector) Award 2002. This will provide public sector nurses with a rate of 250 per cent on Saturday 25 December and 200 per cent on Monday 27 December 2010.

My attention was drawn on Monday to an editorial published in The Advertiser calling on the government to investigate immediately amending the Holidays Act to move the public holiday to Saturday from Monday. The Advertiser correctly argues that Christmas should be special on religious grounds. However, moving the public holiday from Monday to Saturday would have the effect of reducing the time that most South Australian workers would spend with their families. This government makes no apology for having the most generous holiday arrangements for retail workers, that is, a three-day break over Christmas instead of two, or in some cases just one, elsewhere in the country.

While the editorial portrays this government as a scrooge, the real Grinches are those who would deny retail workers the opportunity to have an extended break during the Christmas holidays. The motivation of some sectors of the business community and those opposite is as transparent as the cellophane on a Christmas pudding. We know they want this government to abandon its shop trading policy, but I can assure the council that we will not be swayed by such blatant self-interest that masquerades as concern for workers.

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