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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-11-28 Daily Xml
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Bills

Public Holidays Bill

Second Reading

Adjourned debate on second reading.

(Continued from 16 November 2023.)

The Hon. H.M. GIROLAMO (11:02): As a former small business owner myself, I rise to again defend small businesses in the state. Another day and another attack from Labor on the small business community in this state by continuing to bow down to the unions, planting the burden of yet another public holiday onto small business in South Australia.

This state is built on small and medium-sized businesses and on this side we stand for them and with them. In pushing through this bill, the government has turned what could have been good, genuine consultation with the business community regarding Labor's election commitment and has done what many in the business community feared: gung-ho policy with no consultation on the substance of the changes in the bill.

We have heard from a number of industry groups that the first time they heard of this impost of a new public holiday was in the days before this legislation was introduced 12 days ago. A big lump of coal for the small business community on the doorstep of the busiest period for some of them, including Christmas and the summer holidays.

It is true that having Saturday of Christmas—when it lands on that day—was an election commitment by this government but nowhere was the impost of a new public holiday in the Labor mandate when it pitched itself as so-called business friendly. If that term was not already in shreds, they cannot claim it anymore, no-one would believe them.

This is a government that is led by a former union boss who imposed an additional two half-day public holidays on the hospitality sector on probably their busiest days of the year: Christmas Eve and New Year's Eve. That decision still rankles many in the industry, and the attack by this government on small businesses goes on. The consultation by YourSAy is problematic at best, disingenuous at worst. On the YourSAy consultation it mentioned Christmas, the same survey that the Attorney claims has the backing of 95 per cent of respondents.

It casts serious doubt over the Attorney using YourSAy when the question they ask and the feedback they receive is based on disingenuous engagement by this government. This was shameful faux consultation from the Malinauskas government, who wrongly portrayed themselves as pro business before the election, yet they continue to attack South Australian businesses with yet another cost burden during such uncertain economic times.

In this term of government they want to provide a new public holiday with little or no consultation and this is shameful. What is next? Can we expect more and more days becoming public holidays in the future? With the history of this government, under the leadership of Premier Malinauskas, there are no guarantees that this trend will not continue, impacting on the hospitality industry, tourism industry and, importantly, the aged-care and NDIS industry, industries which do not have levers to pull to avoid work on public holidays.

Most contractual arrangements for aged care and the NDIS factor in 10 public holidays per year. South Australia currently has 12 public holidays, including two half days, and will increase to an extraordinary 13 if this passes, with Easter Sunday being included, putting us on par with Victoria, hardly a business-friendly state. This means that many aged-care and NDIS organisations will be required to absorb the costs of these additional public holidays, the very organisations that are looking after our family and friends during Easter and Christmas.

The vibe of this legislation is to create consistency, and to provide a history lesson for those opposite: over the last 50 years or so Christmas has landed on a Saturday six times under the Labor government. In 1976 under Labor, in 1982 under Labor, in 1993 under Labor, in 2004 under Labor and in 2010 under Labor, which then leads us to the fact that on the last five occasions they failed to address the factor of Christmas landing and left it to when they were in opposition to push this case—again, impacting on the business community.

To right this wrong of the additional public holiday, I refer to my amendment that we will be putting forward. This amendment seeks to move to swap the existing public holiday on Easter Saturday in place of Easter Sunday. Easter Saturday, the day that does not have as much significance from a cultural and religious perspective, should not be a public holiday and should be replaced with Easter Sunday.

The sensible change proposed by the opposition is also backed by a number of industry groups representing some of our state's largest employers and for some of those companies when they cannot avoid the impost of another public holiday. The Australian Hotels Association, Business South Australia, Motor Trade Association South Australia and the state's Australian Industry Group are all in support. These groups represent a spectrum of employers from hospitality to those working in hospitals, caring for NDIS patients and ensuring petrol gets into their car during their cherished holidays.

I would also like to talk about the significance of the names of the days of public holidays in this legislation. In the Attorney's second reading he mentioned Christmas seven times—I have counted—but what he failed to tell the parliament is that this bill seeks to remove any mention of the words 'Christmas Day' from the legislation going forward. Adding to the mix, they seek to continue their opposition to one of the most cherished and celebrated religious celebrations, with no mention of Christmas Day in the statutes.

This seems to be the thin edge for this government, which speaks about consistency and aligning with other states and territories but has gone alone without any reference to Christmas in their legislation. In the Attorney-General's second reading explanation he speaks about removing outdated and archaic terminology. Christmas is neither outdated nor archaic, but it is another stepping stone by this government to attack Christmas and other religious celebrations. The amendments that I have already drafted, and I hope that we have the support—

Members interjecting:

The Hon. H.M. GIROLAMO: The Attorney clearly wants to cancel Christmas.

Members interjecting:

The PRESIDENT: Order! Order, the Hon. Mr Hanson!

The Hon. H.M. GIROLAMO: These are good amendments, thank you, Attorney. We on this side will not support removing Christmas Day from the statutes. I am moving amendments to return Christmas Day to the legislation—also New Year's Day; Australia Day; Adelaide Cup Day; and, importantly, the sovereign's birthday; ANZAC Day; and Labour Day. All of these should be referred to within the terminology, along with Proclamation Day on 26 December. This will provide the consistency that this bill lacks and reaffirm what we as South Australians name and know these holidays as.

In my third block of amendments I seek to ensure that Australia Day remains on 26 January. As has been the case for the current mechanism in the legislation, there is the ability of the government of the day to move a holiday from one date to another, which is a mechanism that was used in 2006 for moving Adelaide Cup Day from May to March.

This amendment would remove that mechanism and ensure that Australia Day remains on 26 January, where the majority of South Australians want it to remain. I ask the government and the crossbench to support this amendment to provide clarity to the people of South Australia that it is not your objective to move, cancel or abandon Australia Day on 26 January.

We need to ensure that businesses are protected. We need to ensure that Christmas Day, Australia Day and other key celebrations within our calendar are protected. I ask the crossbench and the government to support these amendments, as we need to ensure that we protect all businesses in South Australia.

The Hon. C. BONAROS (11:11): I rise to speak in support of the Public Holidays Bill 2023. I am not really sure where to start after that, but I would love to know if the Hon. Heidi Girolamo consulted with Rob Lucas prior to some of the statements she made today about the significance—

Members interjecting:

The PRESIDENT: Order! The Hon. Ms Bonaros, you can refer to the Hon. Rob Lucas as the Hon. Rob Lucas.

The Hon. C. BONAROS: The honourable—

The PRESIDENT: Thank you.

The Hon. C. BONAROS: —and he is very honourable to me, sir, so there you go. The former member of this place, the Hon. Rob Lucas.

The PRESIDENT: Thank you.

The Hon. C. BONAROS: Yes, and I apologise for that omission. But I would love to know whether the opposition did consult with the former member of this place and Treasurer, the Hon. Rob Lucas, when she—

Members interjecting:

The Hon. C. BONAROS: And on the issue of business, I would also love to know if the opposition consulted with those same industry groups that she has stood up, on behalf of the opposition, and spoken so passionately about today in relation to some of the key changes in this provision regarding Sundays—public holidays being declared for every Sunday historically in this piece of legislation and the significance that has for those very same industry groups that the member has referred to, those same industry groups who for years now, as I understand it, have been lobbying for this change because of the legal uncertainty that has existed in our laws since we joined the commonwealth fair work scheme.

They are extraordinarily important changes in this bill. In a moment we will get to Sunday and Christmas and the importance of mourning on Easter Saturday for those people who are of religious backgrounds and beliefs, but the suggestion of those groups the honourable member has referred to as not being supportive of this bill are frankly laughable. What we do know is that for some time now, and certainly in discussions I know I have had with this government since they came in and that I am sure my friends on the crossbench have also had with the government since they came into government—what we do know that this bill addresses is a very huge legal uncertainty that has provided lots of risk to those same industry groups for years.

Of course, we know that in the public holidays act now every Sunday—every Sunday—is declared a public holiday, and we have banked on the fact that that has never been challenged in our courts industrially. We have banked on the fact—and we have hoped and prayed, for those of us who have some religious beliefs—that the industrial agreements and awards we have signed up to under that commonwealth scheme have been enough to ensure that there is never a legal challenge in this state as to whether employees should be paid their penalty rates on Sundays, which, right now, stand as declared public holidays under the public holidays act.

The Attorney is fixing that problem today. He has given his word to industry groups—to the same industry groups the Hon. Ms Girolamo refers to, to the same union groups she has referred to, to all the groups we have all consulted with for some time. I approached the Attorney about this issue and indicated that I had moved something about a year ago, and I took them on their good word at the time that this would be fixed once we fixed the public holidays act.

The reality is that pre-2010 we were not so concerned about this. Since then, we have become extremely concerned because, if there is ever a legal challenge in terms of the declared public holidays on Sundays in the existing legislation, imagine what that will mean to those same industry groups and to every single employer in this state.

Just imagine the outcome if a court decides that actually, yes, notwithstanding the industrial awards and the agreements that we have signed up to under the commonwealth scheme, notwithstanding the fact that we fall under the commonwealth scheme, every employee in this state was and is entitled to penalty rates. That is when I would love to hear from those same industry groups and see whether this bill is worthy of support in terms of the outcomes it will have for them, because the reality is that each and every one of them has sat by quietly hoping that we will never get to the day when those laws are challenged in the courts.

Thankfully, after this week, we do know that as a result of these changes that legal uncertainty and that risk of legal challenge falls away for every employer in the state. So thank you to the Attorney-General and the Labor government for providing that certainty and stability that those industry groups have been seeking on behalf of their members going forward.

In terms of the bill more generally, I think the honourable member, on behalf of the opposition, said that Easter Saturday is not as a significant day culturally or religiously for people of faith. I am pretty sure that Easter Saturday, from where I stand, is an extraordinarily significant day—I am only speaking of people of faith now—for people of faith. It is a day of mourning, as is Easter Friday. The celebration is Easter Sunday, but to suggest that Easter Saturday is not religiously significant is very far from the truth.

Notwithstanding that, if you are going to work on an Easter Saturday, if you are going to have to work on any one of these days, it is not just businesses that we are protecting and ensuring have some certainty going forward, it is the people who have to leave their families behind as well, it is the workers who have no choice about attending work on those days.

If that is the position they are in, then the argument that they should not be entitled to fair and reasonable compensation for attending a day's work, when everyone else gets to stay home and be with their family and loved ones or do whatever it is they choose to do, is blatantly unfair. It is unfair to expect someone to go to work on any of those days and not be fairly compensated, given the significance of those days in our public holidays act.

We are not doing anything extraordinary in this act in terms of increasing public holidays; let us be clear about that. The legislation brings us into line with every other mainland state by making Easter Sunday a declared public holiday. Most states are currently not permitted to open on Easter Sunday even though it is not a public holiday. The legislation will modernise and simplify those laws going forward and it will bring us into line with other states and jurisdictions in terms of improving consistency and reducing confusion for businesses and employees alike.

Overall, the proposed changes we see are a full-day public holiday in SA increasing from 11 to 12—that is what we are seeing: from 11 to 12. That is in line with other jurisdictions and, indeed, it is less than declared public holidays in other jurisdictions. Yes, of course I appreciate the concern around Easter Saturday, and we have had consultation with the same groups that the opposition has pointed to. The AHA has raised concerns about the impact that this will have on their sector. The Ai Group has also indicated the concerns that they have around this.

The MBA and, indeed, the SDA have also spoken quite differently, I must say, about their support for this in terms of ensuring that all workers who have to work on those days are receiving fair and reasonable compensation. I am not going to dwell on or buy into some of the criticisms around this issue, but I will say this: unless you have been living under a rock and you did not know that some of these changes were coming, how you have been caught completely unaware is surprising to me.

The removal of Easter Saturday, as the opposition has proposed, is something that some of the groups at least that I have referred to have spoken in favour of. I understand that from their perspective, but I also understand it from the perspective of the nurse and the aged-care worker and the retail and hospitality worker, the mechanic who is rostered on to work on Easter Saturday.

I understand it from the perspective of the worker who has to attend work because of their contractual obligations, regardless of whether it is a public holiday or not. I also understand the sacrifices that everybody makes in terms of spending valuable time with their family, loved ones and friends. We will be celebrating a public holiday on that day but someone who works in another area does not get that same luxury or benefit.

I will say this: we know times are tough for businesses—absolutely we do—and to suggest that none of us who support these changes care about the impact this has on business (on small businesses or large businesses) in this state is quite offensive. We know that they are doing it tough, and I think everyone in this chamber is doing their level best to make changes that actually support those same groups, but by the same token workers are doing it tough, workers are facing a cost-of-living crisis as well, workers are struggling to pay their bills and their mortgage and put food on the table as well.

So it is not just one group over the other. You do not get to choose businesses over workers in some situations, you reach a compromise, and sometimes you have to appreciate that there may be outcomes that the groups probably, I would say, have known are coming and that they are going to have to live with. But it is not just their members who we make decisions on behalf of here; we make decisions on behalf of everybody. I do not think it is fair that a worker should have to turn up to a shift on a day that is a declared public holiday and not be appropriately compensated for that.

I also do not think it is fair in that argument to completely dismiss the fact that it is not just businesses which struggle, it is not just the businesses that are represented by industry groups that struggle, it is individuals and their families who are struggling too. It is workers who provide essential services to each and every one of us, each and every day, who are struggling too. They are the ones who are at the front end of the cost-of-living crisis that we are in at the moment. They are the ones who are giving up their Easter Saturdays to go to work. They are the ones who I think also ought to be appropriately compensated for their day's work on those days that are declared.

I will have some questions on the amendments themselves as we get to them, but overall I am not sure if I disagree or if I understand why it is that we want to go down this path of naming all these dates in the act. I think there would be many of us here who would question how some of those days even compare to each other in terms of their significance.

We also know that there are discussions happening at a national level about some of the dates that are declared in our public holidays act. Not everybody agrees, frankly, that the sovereign's birthday is as important as Australia Day, or that Australia Day is less important or more important than Adelaide Cup Day. Adelaide Cup Day gets a guernsey—you know, horses racing!

This bill provides a level of consistency, streamlining, and eliminates huge uncertainty going forward. I am not going to buy into whether we should have declared days or whether we should have those days; I am going to focus my attention on the key parts of that legislation that are going to make a huge difference, not only to employees but also to industry groups. I know that from where I sit, from the conversations I have had, I am comfortable with that decision.

I am comfortable with that decision on the basis that those same industry groups are relieved that a huge legal uncertainty—I am not sure if it is a glaring omission on the part of the opposition, but a huge legal uncertainty that has been hanging over their heads for years is now being rectified in this bill. It is something we have raised time and time again. It is something we have gone about quietly for good reason, and it is now being addressed. It is on that basis that I am supporting this bill in terms of striking the right balance between employees and industry groups going forward.

The Hon. T.A. FRANKS (11:27): I rise on behalf of the Greens in support of this bill. As you may recall, in December 2021 I introduced a bill to this place to amend the Holidays Act to make Christmas Day, no matter what day it fell on, a public holiday, and indeed there was support not from the government of the day but there was support from the crossbench and the then Labor opposition. During this time, of course, the then Labor opposition, the crossbench and the Greens rallied together and that bill, in fact, passed the upper house of that former Marshall government parliament.

Since then, our position has not changed. When I did my research on that 2021 bill, I noted that the leader of the Greens in the federal parliament, Adam Bandt, first championed and identified this issue in the federal parliament not long after the 2010 changes. So for those who fear that the Greens do not defend Christmas, I point to our record on defending the Christmas Day public holiday. Arguably, at this point, we have only become more passionate on this issue.

The Hon. B.R. Hood interjecting:

The Hon. T.A. FRANKS: Sorry, the Hon. Ben Hood?

Members interjecting:

The PRESIDENT: Order!

The Hon. T.A. FRANKS: I thought we were here on a Tuesday in November to debate making Christmas Day and Easter Sunday public holidays. I did not get the memo the Liberals clearly got that it was April Fool's Day in November this year, listening to the contribution of the Liberal opposition.

Our position is that Christmas Day is a special day that is shared with family and loved ones regardless of your faith or belief. For some, Christmas Day is the day they are required to work, so they miss out on this special time and that sacrifice should attract due compensation. Every other state and territory in this nation recognises that 25 December is a public holiday, yet in South Australia our legislation lags behind.

According to the Adelaidenow poll from 2021, over 99 per cent of South Australians support this change. If we fail to protect these workers through adequate allowances, including our emergency service workers, police, paramedics, healthcare workers, transport workers and NDIS carers, we risk leaving those essential services vulnerable to those workers calling in sick or purposely missing their shifts due to the lack of appropriate compensation for their time. They sacrifice that time with their loved ones—precious time—time that I know some of us in this place seem to take for granted.

No matter how you celebrate 25 December, all workers deserve the right to penalty rates for the time missed with their family and loved ones and we deserve as a society to have certain days in the calendar that families and loved ones can have that time together. This bill will take one step further and bring South Australia in line with every other mainland state and make Easter Sunday a declared public holiday. I note that is also a change the Greens support, noting that these same workers are the most likely to be positively impacted and paid their dues.

I do note that the Hon. Heidi Girolamo on behalf of the Liberal opposition bemoaned the fact that we would have 13 public holidays as a result of this bill. I point out three things: one, 13 is a very special day for Swifties and I am a declared Swiftie, so I will absolutely defend that. Two, more seriously, this bill, as the Hon. Connie Bonaros has pointed out, provides clarity because currently under our laws every single Sunday is a public holiday in South Australia and it would be a very interesting proposition should this be tested by the courts, one that I do not think the Liberal opposition would be very pleased about. Finally, South Australia will still not have the most public holidays of any jurisdiction in this country. In fact, we will still be in the middle when it comes to the number of public holidays that we have with this very minute increase.

This is a change that the Greens support. We have suffered long under the current system, and it would be nice for workers to not just be paid their dues and paid for their work, something that I note some Liberals seem to have a problem with, but have a little extra to pay those Christmas bills, particularly in this cost-of-living crisis. They will also potentially get some holiday time if it is not viable to employ them for those days.

With those few words, I do look forward to the debate. I look forward more keenly to the passage of this bill. I do question, as the Hon. Connie Bonaros did, why the Liberals seek to enshrine such things as the Adelaide Cup public holiday in the legislation, when in fact that date has moved around. In fact, the Adelaide Cup horse race is hardly the reason that most South Australians enjoy that long weekend in March and indeed it has been far outstripped by many other events of greater significance in that particular month. The sovereign's birthday being enshrined in words—in law—makes me question why we are not celebrating the sovereign people of this nation in any of our public holidays, but the Greens will save that debate for another day. I look forward to the passage of this bill.

The Hon. F. PANGALLO (11:33): I rise to say that I will be supporting this bill because I stand by our retail workers and their rights, just as we did in this place in 2021, thanks to the Hon. Tammy Franks when she raised it. Having Christmas Day declared as a public holiday, along with the entitlements that go with it, is the right thing to do, even though retailers may well see it as another cost for them to bear.

It brings our state in line with other states. Workers should be and deserve to be rewarded for making sacrifices, particularly at that time of the year when they are denied an opportunity to celebrate, like the rest of the community, with their families. Declaring Easter Sunday a public holiday should be a given anyway. It actually is the most significant day of this period and also for Christians. Stores remain closed regardless.

I also note there is a change to the Adelaide Cup holiday. Quite frankly, I do not understand why this event requires a public holiday. It was something that was moved many moons ago to try to get some prestige for this event and bring it in line with something like the Melbourne Cup in Victoria. They tried to raise the stature of the Adelaide Cup event by declaring it a public holiday. Quite frankly, while it is an important group race, unfortunately it just does not have the gravitas of a major event such as the Melbourne Cup, the Everest and other races in the Eastern States.

I do not think many South Australians even care that the Adelaide Cup is run on that day. They are more interested in having a holiday. Again, that holiday is just a cost to employers. As the Hon. Tammy Franks has pointed out, there are probably other more significant events that we could declare as a public holiday than a horse race that no-one in the state really gives a toss about unless they have a runner in it or are involved in the industry.

Members interjecting:

The Hon. F. PANGALLO: I do not want to be disparaging of the racing industry, because I am actually a supporter of the racing industry.

The Hon. J.E. Hanson: They are going to love that Christmas card, aren't they?

The Hon. F. PANGALLO: Well, you have to say it as it is. I just do not think the designated holiday should be there and I have said that for some time.

Members interjecting:

The PRESIDENT: Order! Interjections are out of order.

The Hon. F. PANGALLO: Regarding changes to the declaration of Sunday as a public holiday, this is a relic of the past when it was considered an obligation for the majority of people to be able to attend church, so this actually makes sense. I think, as has been pointed out already by members in this place, it removes the potential for further wages claims.

I note that the opposition has a number of amendments, including deleting Easter Saturday as a public holiday, with a holiday being the Sunday. This has been supported by the Motor Trade Association, the Hotels Association, the Ai Group and Business SA. I indicate that I will be supporting all of the opposition's amendments, including the designation of a holiday on 26 January as Australia Day.

There is no reason why, if we are going to celebrate the day as 26 January, you only have the date in there and not say why it is there. It is a day we need to and do celebrate, as all Australians would like to do, so there is no reason why it should not be designated as Australia Day. I do not want to see 26 January removed from being Australia Day either. The same applies for 25 April being designated as ANZAC Day and 26 December as Proclamation Day. It is an interesting thing because when I was a youngster growing up and going to school—

Members interjecting:

The Hon. F. PANGALLO: —sorry, the 28th—Proclamation Day was often recognised through the school system, the education system. I should not have forgotten that date because it is actually my wedding anniversary. I got that wrong.

Members interjecting:

The PRESIDENT: Order!

The Hon. F. PANGALLO: We seem to have lost sight of this holiday. I think most people now just seem to think of it as Boxing Day if it falls on that day, but also it may be the day when the Bay Sheffield is run. Proclamation Day is an important day for the history of this state and we seem to have lost sight of it.

In closing, I would like to commend the SDA on its advocacy, not just on this legislation but others that are in train around the country that will benefit workers in the retail industry, like wage theft, regulating the gig economy, the definition of casual work and, of course, the same job same pay. With that, I say that I will be supporting it.

The Hon. S.L. GAME (11:40): I rise briefly to express that I will be supporting all of the Liberal amendments. I support their concerns and already expressed views, and I have been approached similarly by the same industry groups.

The Hon. E.S. BOURKE (11:40): Easter is a widely cherished time of the year for many. The Easter long weekend gives us an opportunity to slow down, spend time with loved ones and make memories for our kids, unless you do not want to celebrate Easter Saturday. Christmas Day is, of course, also a special day and the highlight of the summer holidays for many of us. Christmas Day is about togetherness, coming together and taking time to appreciate our family and friends.

But not everyone in our community gets to enjoy these special times equally, because Easter Sunday is not a public holiday and neither is Christmas when it falls on a Saturday. It is actually hard to believe and something that many people who work nine to five Monday to Friday would probably not even realise, but it is something that those who work in hospitality, emergency services, transport, hospitals, aged care—like my sister—and in retail are all too well aware of.

These South Australians do not have the chance to enjoy Easter Sunday on the same terms as others. They have missed out on the enjoyment of a major holiday and they have not had the benefit of an appropriate compensation for the lost opportunity. The Malinauskas Labor government is fixing this minor, but practically very meaningful, legislative matter by amending the public holidays act to finally recognise the workers who have worked for too long and have been missing out.

Imagine being rostered to work Christmas Day, missing out on time with your family and not even getting the penalty rates that would at least go some way to making a little bit of difference to this sacrifice. If you are rostered to work away from your friends and family on Easter Sunday, you deserve at least to be compensated with the penalty rates that send you this important message: your time matters. The opportunities that you miss out on, we recognise. The sacrifices that you make to ensure that your workplace is up and running matter.

To our emergency services employees: when you give your time to protect the community so others can enjoy their Christmas and Easter, we acknowledge and we respect you. This bill delivers on Labor's election commitment to ensure Christmas Day is treated as a public holiday regardless of which day of the week it falls on, and this bill declares Easter Sunday to be a public holiday.

I want to pay particular tribute to the work of the mighty SDA union in getting us to this moment. Over 10 years ago, the then secretary of the SDA in South Australia—now Premier Peter Malinauskas—declared that Easter Sunday should be a public holiday. In 2019, the SDA launched its campaign because they recognised the unfair fact that our state's outdated public holiday laws were leaving South Australian workers behind at Easter.

In 2021, Christmas Day was not a public holiday because it fell on a Saturday. In 2022, New Year's Day was not a public holiday because it fell on a Saturday. In South Australia, these workers made that sacrifice for less pay than interstate workers. In fact, on Easter Sunday South Australians were the lowest paid workers on mainland Australia, because our state is the only remaining state on mainland Australia not to recognise Easter Sunday as a public holiday.

The now secretary of the SDA, Josh Peak, and many in this chamber quite rightly argue that Easter and Christmas are special occasions that should be enjoyed by everyone, and that those who do work deserve fair compensation for their sacrifice of this precious time. The passage of this legislation will be the SDA's membership win and, even more importantly, a win for all South Australian workers.

Many SDA members are people who do not have the privilege of working a Monday to Friday nine to five job. They work Saturdays and Sundays, evenings and early mornings, and they work on public holidays. They work while many others are accustomed to having the opportunity to relax and spend time with family and friends. They rocked up to work during the COVID crisis and experienced abuse from customers and the fear of the unknown dangers of working during a COVID lockdown, while others worked from home. Working in fast food and retail has become increasingly difficult. With increased customer aggression, these workers face greater challenges than I did when I was working in fast food some many years ago.

The proposed changes will ensure that most public holidays in South Australia and the Eastern States fall on the same day, which means less disruption to business and more tourism opportunities, particularly in our regions. The bill proposes to increase the number of full-day public holidays each year from 11 to 12. This will bring us in line with Queensland and will still mean that we are sitting at one day fewer than other states, including Victoria, the ACT and the Northern Territory, which have 13.

This campaign by the SDA is just one of the many challenges the union is taking on to ensure that South Australians are paid fairly, are respected and are safe at work, from fighting for tougher protections on the shop floor to fighting for change to ban child sex offenders from working in places where children work. Retail and hospitality are usually the first workplaces for our kids, but up until now there has been nothing to stop sex offenders from working in those workplaces—that is simply beyond belief.

In 2021, the SDA raised this issue with the former Liberal government, but they did nothing, just as they did nothing to make it an offence to spit on a young retail worker during the middle of a pandemic. It takes a Labor government to take decisive action to protect our most vulnerable workers and to ensure that they are paid appropriately for working on special days. I am proud to be part of a government that is bringing about these important changes, and I thank Josh Peak and the new assistant secretary, Jordan Mumford, and all SDA members who have dedicated many years to ensure that this happens, and also to the Hon. Tammy Franks for bringing this up in past years.

The Hon. J.E. HANSON (11:46): It will not shock anyone here but I am going to get up and speak in favour of the changes to the public holidays. I know it is going to shock my friends on the opposition benches but I am going to give them a little lesson about why they are over there and we are over here.

Imagine being the type of government that can stand against logic, common sense and workers all at the same time. Imagine being the type of government that can do that. Thankfully, this government is not one of those governments. The Malinauskas government is going to fix a loophole that offends all three of those things: it offends logic, it offends common sense and it offends workers' time.

The laws currently allow for a public holiday to be celebrated two days after the event on which it could fall. How stupid is that? Who would want that to be in place? The laws currently allow for a day to be celebrated as a public holiday in every other mainland state except South Australia. Imagine being the type of government that would continue to support that. It just does not stand up to logic and common sense. This change brings us in line with every other jurisdiction. The sky—as opposed to what the Liberal Party have put here today—will not fall in. The net change to public holidays is pretty bloody modest.

Most businesses do not trade on Easter Sunday as it stands now, despite it not yet actually being a public holiday. Christmas only falls on a Saturday every so often. These changes are pretty modest. The sky will not fall in, unlike what the chicken littles in the Liberal Party seem to be thinking. The bill puts our state in line with the Eastern States. The fact is that, at the end of the day, that will actually reduce more disruption in business and allow better tourism across the mainland.

It is common sense, it is logic and, again, the last thing—workers' time. At the end of the day, workers' time should have an equal value no matter if you are the president of a company who is going to have Christmas with his or her family, or if you are a worker for that company and you want to have Christmas with your family. It really should not matter based on where you sit in line in a company whether or not your time is valued in the same way.

This government, the Malinauskas government, sees it that way. We think that your time should be valued as a worker, full stop: not as a worker as a CEO, not as a worker who might work in a different industry. No, your time should just be valued for who you are. It is as simple as that. People who miss out on treasured holiday time with their families should be compensated adequately. It is really as simple as that. It is workers' time; it should be respected. If you work on a public holiday, this government has a track record of saying, 'Thanks, you deserve your penalty rates.' This bill underlines it. I am proud to support it and it is about time.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (11:50): I will save substantive debate about clauses and amendments for the committee stage, but I thank honourable members for their contribution. I particularly thank honourable members for their contributions of support for what is really an unremarkable but very sensible change for South Australians.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 and 2 passed.

Clause 3.

The CHAIR: At clause 3 there are amendments in the name of the Hon. Ms Girolamo.

The Hon. H.M. GIROLAMO: Can I ask questions first and then go into my amendments?

The CHAIR: Sure.

The Hon. H.M. GIROLAMO: If that is alright, I will then move the amendments in my name. Just in regard to Easter Saturday, Sunday, Good Friday and Easter Monday proposed to all be public holidays, will that mean that supermarkets will not be open for four days during that time?

The Hon. K.J. MAHER: I thank the honourable member for her question. The shop trading legislation defines those. This will make no changes to what the hours of operation of shops are on any of those four days.

The Hon. H.M. GIROLAMO: What consultation was done with restaurants and catering, aged-care associations and NDIS organisations?

The Hon. K.J. MAHER: I do not have a list of the full number. There were many hundreds of people who put their views forward.

The Hon. H.M. GIROLAMO: Was specific consultation made with peak industry groups impacted by these changes?

The Hon. K.J. MAHER: As I said previously, hundreds and hundreds of people contributed to the consultation. Everyone was able to do so.

The Hon. H.M. GIROLAMO: Before the bill was presented, what engagement did you have with peak industry groups, if any?

The Hon. K.J. MAHER: The bill was presented to this parliament. Hundreds of individuals, hundreds of organisations, hundreds of companies provided their feedback and their views on public holidays.

The Hon. H.M. GIROLAMO: During that consultation, when was it determined that Christmas Day would be removed as a reference in the bill?

The Hon. K.J. MAHER: I thank the honourable member for her question. I am advised that was during the drafting of the bill. That was a stylistic drafting choice, I am advised, to keep things as clean as possible so that those days that had an actual date of the year that the day fell upon were referenced by the date and those that had variable dates, such as when Easter falls, were referenced by what they are called, because the dates change from year to year.

It was, I am advised, a bit of a hotchpotch in how it was previously described. It was a drafting decision to make it clear that those days that fell on a certain date in the year had that actual date whereas those where the date varied from year to year, like Easter, were referred to by those names. You cannot say it is a certain date in April or March because, of course, Easter changes dramatically, sometimes, from year to year.

The Hon. H.M. GIROLAMO: Can you confirm that 25 April, being ANZAC Day, is a nationally gazetted holiday?

The Hon. K.J. MAHER: My advice is that there is not such a thing as a declared nationally gazetted holiday and that all public holidays are declared by states.

The Hon. H.M. GIROLAMO: Are you able to confirm that, because it is my understanding that it is a national holiday, and I am just questioning why—

The Hon. K.J. MAHER: If the honourable member can refer us to where this gazettal occurs, we are happy to look at it.

The Hon. H.M. GIROLAMO: I will make sure that that comes through. We can have a look at that further between the houses. What consultation occurred in regard to other businesses as well, and what length of time was allowed to enable that consultation to occur?

The Hon. K.J. MAHER: I thank the honourable member for her question. The consultation, as I said, had hundreds of individuals, companies and associations contribute to it over many weeks. I cannot remember the exact time frame the consultation opened and closed, but it was certainly many weeks. It was about this time last year I think it opened and it closed in the New Year.

The Hon. H.M. GIROLAMO: Where did the recommendation for Easter Sunday becoming a public holiday come from originally?

The Hon. K.J. MAHER: I am advised that there were over 100 respondents that requested Easter Sunday be a public holiday, and I have to say if you open up consultation on legislation and you have over 100 respondents on any question, it is a pretty significant response.

The Hon. H.M. GIROLAMO: Were there any peak groups that recommended Easter Sunday be a public holiday?

The Hon. K.J. MAHER: I do not have before me exactly what different groups, what different individuals responded on the various views on public holidays, but I am advised that more than 100 respondents suggested Easter Sunday should be a public holiday.

The Hon. T.A. FRANKS: Did anyone recommend that Easter Sunday not be a public holiday?

The Hon. K.J. MAHER: I thank the honourable member for her question. We are not aware of that, but we are happy to double-check to see on all the responses that were given.

The Hon. H.M. GIROLAMO: Did you specifically go to the peak groups indicating that this would in fact be an extra public holiday?

The Hon. K.J. MAHER: I am happy to repeat again: hundreds and hundreds of people responded to this, and they were able to put all of their views forward—every single thing they wished for or they did not wish for—as part of this consultation.

The Hon. T.A. FRANKS: Can the minister clarify that currently under the act all Sundays are public holidays and so by creating Easter Sunday as a public holiday are we, indeed, creating an extra public holiday or, in fact, providing certainty around Sundays no longer all being public holidays going forward?

The Hon. K.J. MAHER: I thank the honourable member for her question. Technically, under our 1910 act, all Sundays are declared a public holiday. Often this is overridden by industrial instruments. However, a number of members have made contributions about what may or may not be the case if this was tested in the courts. Technically, with all Sundays being a public holiday, you could reasonably argue this is a reduction of 51 public holidays each year.

The Hon. C. BONAROS: Can the Attorney just clarify for the record that that has been the subject of discussion for some time with industry groups that have concerns about the legal uncertainty that continues to present?

The Hon. K.J. MAHER: I thank the honourable member for her question. Certainly, that has been an issue that industry groups have discussed, and that is one element of this legislation that, particularly after it was introduced, a number of industry groups talk to me about, expressing gratitude that we are removing any potential uncertainty.

The Hon. N.J. CENTOFANTI: Is the Attorney aware that, for religious purposes, Easter Sunday, when applied correctly, refers to the Saturday six days after the Christian Festival of Easter, and that the Saturday within the Easter long weekend technically is called Holy Saturday?

The Hon. K.J. MAHER: I thank the honourable member for her question. She is quite right: the day that many people know as Easter Saturday is Holy Saturday. It is also the case that not everyone in the Christian tradition has Easter at the same time: Orthodox Christians typically celebrate all these dates later in the calendar, but for drafting purposes other jurisdictions refer to the day that falls after Good Friday or before Easter Sunday, such as in New South Wales, as Easter Saturday. I am advised that is a drafting choice about how to describe it.

In New South Wales, that day after Good Friday or, as the honourable member points out, the day historically known as Holy Saturday, falls as Easter Saturday and has not been a problem, as it is not here. It has been described here for ease of how people generally understand it to be. I accept the honourable member's point, but it is a drafting choice for ease of understanding. We use the term 'Good Friday', even though not all Christians celebrate it on the day it is commonly understood to be.

The Hon. C. BONAROS: Can the Attorney remind us, for those who cannot recall 100 per cent correctly the events of 2021, that when Christmas falls on a Saturday—I am confusing my Sundays and Saturdays today because I do not know whether I am talking about Easter or Christmas—what was the situation under I believe the previous government when Christmas fell on a Saturday? What was the outcome for workers and how does that change under this, to be 100 per cent clear?

The Hon. K.J. MAHER: I thank the honourable member for her question. I suspect I will have a bit more to say about this when we get to a couple of amendments further on. In 2021, Christmas Day fell on a Saturday. I think the Hon. Tammy Franks of the Greens party had a private member's bill to rectify that situation. In years gone by on those occasions when it fell on a Saturday former Labor governments had paid public holiday rates to public sector workers.

In 2021, that is not something the Marshall-Lucas Liberal government decided to do, and we overwhelmingly supported in this chamber a private member's bill to rectify that anomaly and to bring us into line with the rest of Australia, so that when Christmas Day fell on a Saturday those people who needed to work—disability and care support workers and those on the frontline in our hospitals, those who served the rest of us on that day in the retail and hospitality sectors—got penalty rates, but that was not successful.

The member for Black, David Spiers, and his government took a very definite policy position, which I think was mean and nasty, to oppose people getting public holiday rates on Saturday 25 December in 2021.

The Hon. C. BONAROS: I thank the Attorney for that clarity. To be clear, that situation that arose in 2021, where all those workers the Attorney referred to did not receive their public holiday entitlement rates because there was no declared public holiday on that date as a result of the opposition's decision at the time while they were in government, will never occur again going forward under the changes in this bill?

The Hon. K.J. MAHER: I thank the honourable member for her question. That is one of the major elements of this bill. As I said, we supported in both chambers the private member's bill to declare Christmas Day as a public holiday when it fell on a Saturday. That was a commitment we made during the election campaign and that is one of the major areas we are aiming to rectify with the legislation to fall into line with every single other state and territory in this country. It is an anomaly, a blind ideological pursuit of the former Liberal government to not allow this sensible reform and we are very proud and pleased to be fixing it with this legislation.

The Hon. H.M. GIROLAMO: I move:

Amendment No 1 [Girolamo–1]—

Page 4, line 5 [clause 3(1)(a)]—After ‘1 January’ insert:

(New Year's Day)

The amendments that I have relating to clause 3 relate to inserting names relating to New Year's Day, Australia Day, Adelaide Cup, ANZAC Day and, very importantly, the sovereign's birthday, and keeping that consistency, making sure we have that wording in there and making sure that those public holidays are protected. We believe that this is a good option to make sure that there is that consistency of terminology and making sure that Christmas, Easter, the King's Birthday and Australia Day are all acknowledged.

The committee divided on the amendment:

Ayes 8

Noes 11

Majority 3

AYES

Centofanti, N.J. Game, S.L. Girolamo, H.M. (teller)
Henderson, L.A. Hood, B.R. Lee, J.S.
Lensink, J.M.A. Pangallo, F.

NOES

Bonaros, C. Bourke, E.S. El Dannawi, M.
Franks, T.A. Hanson, J.E. Hunter, I.K.
Maher, K.J. (teller) Martin, R.B. Ngo, T.T.
Simms, R.A. Wortley, R.P.

PAIRS

Hood, D.G.E. Scriven, C.M.

Amendment thus negatived.

The Hon. H.M. GIROLAMO: I move:

Amendment No 2 [Girolamo–1]—

Page 4, line 6 [clause 3(1)(b)]—After ‘26 January’ insert:

(Australia Day)

In regard to this one, it is inserting Australia Day, a very important day. We believe the vast majority of South Australians in particular would be supportive of having this named, and making sure that there is consistency along with the other public holidays, making sure that the clear name is included in the bill.

The Hon. T.A. FRANKS: I have some questions of the mover. My first question is: how long has South Australia celebrated Australia Day on 26 January?

The Hon. H.M. GIROLAMO: I thank the member for her question. In regard to that, it is important to note that Australians, I guess in my living history, will always support Australia Day and continue to support Australia Day on 26 January. In regard to that, I think it is important that it continues to be included in the bill.

The Hon. T.A. FRANKS: Since the mover of the motion does not know when South Australia first celebrated Australia Day, I do find this an interesting contention. Is the member not concerned that 26 January in fact has a history of being known as Foundation Day or Landing Day?

The Hon. H.M. GIROLAMO: I certainly do. I think in regard to that, it is important to recognise our link to the United Kingdom and settlement. I think all Australians celebrate Australia Day in different ways and that is why I think it should be acknowledged.

The Hon. T.A. FRANKS: Is the member aware that 26 July used to be Australia Day?

The Hon. H.M. GIROLAMO: Thank you, but I think many of us are aware that 26 January is the important day now and I am very much in support of that continuing.

The Hon. T.A. FRANKS: Can the member please outline what happened on 26 January, including the year in which the flag was raised?

The Hon. H.M. GIROLAMO: Yes, I am more than happy to take that on notice and continue to have a history lesson from—

Members interjecting:

The Hon. H.M. GIROLAMO: In regard to that, I think the point of this amendment is that in my living history—and maybe this is a fact that we need to have more education on these areas—

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: —but when it comes down to it, Australia Day is the day that many South Australians, the majority, would like to continue to support and that is why I have put this amendment forward. Support it or not.

The Hon. C. BONAROS: Can the honourable member clarify when she says that all Australians celebrate on—

The Hon. H.M. GIROLAMO: No, I said the majority.

The Hon. C. BONAROS: No, prior to that you said that all Australians celebrate on Australia Day. Does she acknowledge that that is not a day of celebration for many Australians and that not everybody shares the view that she has articulated in this place today?

The Hon. H.M. GIROLAMO: I think the fact is that Australia Day is on 26 January and I, along with my colleagues, believe that it should remain on that day. I do appreciate that it is celebrated or acknowledged in different ways and that there are definitely some areas where we have our history that we do acknowledge, but I do not think that should take away from South Australians having the opportunity to celebrate what a magnificent country we live in and to ensure that Australia Day remains on 26 January.

The Hon. C. BONAROS: That was not my question to the honourable member. My question to the member was: can she perhaps rephrase and acknowledge that that is not a day of celebration for all Australians?

The Hon. H.M. GIROLAMO: I did say that in my thoughts it is the majority who would support it. I do acknowledge that there are some who would not support it, but it is our thought that we need to continue to support and celebrate our great country, our multicultural country, and all different backgrounds.

The Hon. T.A. FRANKS: Can the mover explain why she did not also seek to celebrate Federation Day?

The Hon. H.M. GIROLAMO: It is not a public holiday, and we are talking about the Public Holidays Bill, so in regard to Australia Day I am putting that forward.

The Hon. T.A. FRANKS: Is the mover aware that 1 January is Federation Day and in her previous amendment she sought to call it New Year's Day and did not once mention that it was Federation Day for the founding of our federation?

The Hon. H.M. GIROLAMO: I would argue that the vast majority of South Australians would refer to it as New Year's Day, hence the name.

The Hon. T.A. FRANKS: Given the member was unable to tell me what happened on 26 January and in which year but referred to 'her lifetime', is she aware that Australia Day was not celebrated as a united day on 26 January until the 1990s? When was she born, because I imagine it was before the 1990s?

The committee divided on the amendment:

Ayes 8

Noes 11

Majority 3

AYES

Centofanti, N.J. Game, S.L. Girolamo, H.M. (teller)
Henderson, L.A. Hood, B.R. Lee, J.S.
Lensink, J.M.A. Pangallo, F.

NOES

Bonaros, C. Bourke, E.S. El Dannawi, M.
Franks, T.A. Hanson, J.E. Hunter, I.K.
Maher, K.J. (teller) Martin, R.B. Ngo, T.T.
Simms, R.A. Wortley, R.P.

PAIRS

Hood, D.G.E. Scriven, C.M.

Amendment thus negatived.

The Hon. H.M. GIROLAMO: I move:

Amendment No 3 [Girolamo–1]—

Page 4, line 7 [clause 3(1)(c)]—After ‘March’ insert:

(Adelaide Cup Day)

Basically, this is in line with the other amendments to ensure that all public holidays are consistent. We want to make sure that the wording is consistent with how people know these public holidays and that there is clarity and consistency.

The Hon. T.A. FRANKS: In my time in parliament, this holiday has also been known as Volunteers Day. Why has the member chosen not to recognise volunteers?

The Hon. H.M. GIROLAMO: Because it is known as Adelaide Cup Day. When it comes down to it, that is what it is referred to publicly and on state websites.

The Hon. T.A. FRANKS: I will point out to the member that during the Rann era of government this was also declared as Volunteers Day, when the racing fraternity sought to change it to a date in March from the previous Adelaide Cup Day, so I ask the member again: why has she chosen to ignore volunteers' role on this special day, when there is commemoration for volunteers on this date in March?

The Hon. H.M. GIROLAMO: My understanding is that Volunteers Day is in June. The June long weekend is referred to. I strongly believe that this should remain as the Adelaide Cup, and when I do that amendment that is aligned with that, not the public holiday that is in March.

The committee divided on the amendment:

Ayes 8

Noes 11

Majority 3

AYES

Centofanti, N.J. Game, S.L. Girolamo, H.M. (teller)
Henderson, L.A. Hood, B.R. Lee, J.S.
Lensink, J.M.A. Pangallo, F.

NOES

Bonaros, C. Bourke, E.S. El Dannawi, M.
Franks, T.A. Hanson, J.E. Hunter, I.K.
Maher, K.J. (teller) Martin, R.B. Ngo, T.T.
Simms, R.A. Wortley, R.P.

PAIRS

Hood, D.G.E. Scriven, C.M.

Amendment thus negatived.

The Hon. H.M. GIROLAMO: I move:

Amendment No 4 [Girolamo–1]—

Page 4, line 9 [clause 3(1)(e)]—Delete paragraph (e)

This amendment deletes Easter Saturday as a public holiday. It is our view that it is excessive for businesses to have that many public holidays in a row. Based on our consultation, we have huge support from industry groups to ensure that Easter Sunday is a public holiday but not to add more burden and more challenges onto businesses during this time.

I question how having four public holidays in a row will actually work, logistically. Many businesses will not open during this time. This is why I am putting this amendment forward, to ensure that there is some sort of sense and stability for businesses, that they are not further challenged by more and more public holidays coming through.

The Hon. K.J. MAHER: We will be opposing this. I have to say that this is one of the most remarkable amendments I have seen in my time—a bit over a decade—in this parliament. What this does is strike out Easter Saturday as a public holiday. Not content with not wanting people to celebrate Christmas Day as a public holiday when it falls on a Saturday, now we are proposing to get rid of Easter Saturday as a public holiday in its entirety. What we know as Easter Saturday has been a public holiday in this state for 113 years.

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: For 113 years this has been a public holiday, since the public holidays act came into force in 1910. Since 1910, this has been a public holiday. What we commonly refer to as Easter Saturday—

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: —or, as the Leader of the Opposition points out, known as Holy Saturday, commemorates in the Christian tradition the day that Jesus lay in the tomb—

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: —after his death on a cross. In the Christian tradition, Roman soldiers watched during the day on the Saturday, the Sabbath. It is, in the Christian tradition, the traditional Easter vigil, which runs between sunset on the Saturday and sunrise on the Sunday. The fact that the member for Black, David Speirs, and his counterparts in this place are seeking to remove this Saturday as a public holiday is truly remarkable. Is nothing sacred to this opposition? I am not a person of faith—

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: —but I can understand why a number of people that I know, who are people of faith, have spoken to me and see the removal of Easter Saturday as an egregious and outrageous attack on them and their faith. This is just remarkable!

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: I thought I had seen it all. I thought I had seen it all when the Hon. Rob Lucas—

Members interjecting:

The CHAIR: Order! The Hon. Mr Wortley, put a sock in it!

The Hon. K.J. MAHER: —and the member for Black, David Speirs, only two years ago, as the Hon. Connie Bonaros pointed out earlier, had a policy, a very firm policy, not to allow a public holiday on Christmas Day, Saturday 25 December 2021. I thought back then, a mere two years ago, that it was just about the height of tone deaf political stupidity. But I was wrong—I was wrong.

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: This unparalleled anti-worker, anti-community, anti-family ideological attack—

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: —by the former IR minister, the Hon. Rob Lucas, was not the height of political stupidity—we have seen it today.

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: We have seen it today. It has been topped by this one little amendment deleting paragraph (e) Easter Saturday. We will certainly be telling the public. We will be telling members of the faith communities that this Liberal opposition has gone further than any other before them—any other before them.

Members interjecting:

The CHAIR: Order! The Hon. Ms Girolamo!

The Hon. K.J. MAHER: It is the most ideologically bound opposition since 1910, when this became a public holiday.

Members interjecting:

The CHAIR: Order! The Hon. Mr Wortley! The Hon. Ms Girolamo!

The Hon. T.A. FRANKS: Can the mover please outline which groups support the removal of Easter Saturday as a public holiday?

The Hon. H.M. GIROLAMO: During our consultation, which was a lot more extensive than I can say for the Attorney-General, we have consulted with Ai Group, we have consulted with the MTA, we have consulted with the AHA, and we have ensured that we are speaking on behalf of businesses that will be severely impacted by this. Yet another public holiday: where will it end? You will continue to add public holidays, which means that businesses either do not open and employees go without income, or they go broke. This is absolutely ridiculous, and we have done significant consultation on it.

The CHAIR: The Hon. Ms Franks is on her feet with a follow-up.

The Hon. T.A. FRANKS: Yes, actually it is a repetition of the question because the member told me who she consulted with, but she did not tell me who supported the removal of Easter Saturday as a public holiday.

The Hon. H.M. GIROLAMO: To clarify, they are supportive of that change because it means that it is not an additional public holiday. It means those industry groups can go back to their members—they are supportive of this amendment because it means that instead of there being a public holiday on Easter Saturday, it is moved to Easter Sunday, therefore not increasing to 13 public holidays. If this goes through, we are leading the nation with the highest number of public holidays in line with the NT and the ACT.

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: New South Wales only has 11 public holidays, Tasmania only has 10. We will have 13.

Members interjecting:

The CHAIR: Order! Are you telling the Hon. Ms Franks to sit down and apologise?

An honourable member: No.

The CHAIR: Interjections are out of order.

An honourable member interjecting:

The CHAIR: Order!

The Hon. T.A. FRANKS: Could the member who is moving this amendment please clarify what was the position of Restaurant Associates?

The Hon. H.M. GIROLAMO: Sorry, the position that I mentioned before was in regard to the AHA. We have not specifically spoken to restaurants, but we have engaged with a lot of different groups, and a lot of the overlap there of membership base go into that organisation as well.

The Hon. T.A. FRANKS: Can the member clarify then? I wrote down, as she said it, that the AHA, the Ai Group and the Motor Trade Association supported the removal of Easter Saturday as a public holiday. She did not consult with Restaurant Associates is what I have just heard her say.

Members interjecting:

The CHAIR: Order! The Hon. Ms Franks is on her feet.

The Hon. T.A. FRANKS: From my reading of this, she has just said that Restaurant Associates were not consulted. What was the position of all of those groups on Easter Monday as a public holiday, or did she not ask them about that?

The Hon. H.M. GIROLAMO: All of the industry groups have raised concerns about more and more public holidays being added. Our amendment simply swaps one day to the other rather than adding an extra public holiday. In regard to that, we did not go specifically into all other public holidays, but in regard to Saturday and Sunday of Easter they were very supportive of this change because it means that their members are not paying for yet another public holiday.

The Hon. T.A. FRANKS: To paraphrase from the member's contribution in the second reading, it was the vibe of the thing. You cannot specify exactly which industry groups hold which position and what their positions specifically were.

An honourable member interjecting:

The Hon. T.A. FRANKS: You did not talk to Restaurant Associates, even though you talked to the other three—maybe they are not getting a Christmas card this year, who knows? The Greens will be opposing this ludicrous amendment.

Members interjecting:

The CHAIR: Order!

The Hon. T.A. FRANKS: We certainly note the words of the government. This is an extraordinary assault. The idea of four days' public holiday to be enjoyed by South Australians over the Easter long weekend is a long-held tradition regardless of people's faith or belief. The fact that the Liberals wish to take out the Saturday, in the middle of that, I think would come as a great shock to many Liberal voters—that an attack on their family and leisure life was underway in this parliament.

The Hon. C. BONAROS: I am just curious. The mover said that we have more public holidays than any other jurisdiction. Can she just outline how it is that she came to that conclusion? She also referred to the fact that we have 13 public holidays. Can she give us a comparison of South Australia compared with every other jurisdiction and how she came to the conclusion that we have the most?

The Hon. H.M. GIROLAMO: This is based on the government's own table. I am happy to read this out: 13 public holidays for South Australia, 13 for Victoria, 11 for New South Wales, Queensland has 12, WA has 11, Tasmania has 10, the ACT has 13, and the NT has 13, but keep in mind that we also have the two half-days as well.

The Hon. C. BONAROS: I am glad you added that little part at the end, mover, because is it not the case that we have two part public holidays so, in fact, we have 12 public holidays and we are not the highest in the nation in terms of our public holidays? Can we please clarify that to be the case?

The Hon. R.P. Wortley: Misleading parliament.

The CHAIR: The Hon. Mr Wortley, please!

The Hon. H.M. GIROLAMO: I am happy to—

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: I have the table in front of me that says 12. It does not include Christmas Eve and New Year's Eve, which are part holidays, so I would argue that it is 13.

The Hon. K.J. MAHER: Can the honourable member outline how long on both Christmas Eve and New Year's Eve—how many hours each day they are public holidays? Because the honourable member obviously knows or she is deliberately misleading this chamber.

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: I am more than happy to answer that. You have two half holidays on the busiest day.

The Hon. K.J. MAHER: So they are 12 hours?

The Hon. H.M. GIROLAMO: So they are six hours.

The Hon. K.J. MAHER: Are they?

The Hon. H.M. GIROLAMO: That is my understanding.

The Hon. K.J. MAHER: You have no clue.

The Hon. H.M. GIROLAMO: You have done no consultation.

The CHAIR: Order!

The Hon. C. BONAROS: Just moving on from that clarification that we have 12 public holidays in the state and not the highest in the nation, I am curious—

The Hon. H.M. Girolamo: No, we have 13.

The Hon. C. BONAROS: I have the table here. I see 12 and I can count hours and I am pretty sure it equates to 12, but I will allow the mover to think whatever she wants.

The Hon. H.M. Girolamo interjecting:

The CHAIR: Order! Is there a question?

The Hon. C. BONAROS: I would like to ask a question of the mover.

The Hon. H.M. Girolamo interjecting:

The CHAIR: Order!

The Hon. C. BONAROS: If she stops interjecting, perhaps we could ask her a question.

The CHAIR: Perhaps you could get on with asking the question.

The Hon. C. BONAROS: Does the mover of this amendment consider the Adelaide Cup Day public holiday more important than Easter Saturday?

The Hon. H.M. GIROLAMO: I am happy for the record to note 12 public holidays is current, including the proposed Easter Sunday and Easter Saturday. When you add the two half days together we get to 13—just to clarify.

Members interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: I presume the table the honourable member is referring to counts full-day public holidays. Can the honourable member outline which other jurisdictions have part-day public holidays in addition to that?

The Hon. H.M. GIROLAMO: Queensland and the Northern Territory both have half days as well.

The Hon. K.J. MAHER: So according to the member's reckoning, if the honourable member counts a part-day public holiday—

The Hon. H.M. Girolamo interjecting:

The CHAIR: Order!

The Hon. K.J. MAHER: —and I will help her out here, it is five hours not six hours, for the part-day public holidays. The honourable member had, I think, three bites of the cherry to get that one wrong. But if the honourable member counts five hours as a full-day public holiday, then what does the Northern Territory and Queensland have if that is how the honourable member's maths works?

The CHAIR: I am not sure there was a question in there.

The Hon. H.M. GIROLAMO: No, I did not. We are doing basic maths here. If we have 12 public holidays, which is proposed under your bill to include Easter Sunday, we get to 12. If you had two half days—

Members interjecting:

The Hon. H.M. GIROLAMO: Five hours is per day.

Members interjecting:

The CHAIR: Order! We are going around in circles here.

The Hon. H.M. GIROLAMO: If you add half and half, you get an extra public holiday. Therefore, there are 13.

The Hon. I.K. Hunter: It's not half a day.

The CHAIR: Order!

The Hon. H.M. GIROLAMO: It is more than half a day. Five hours of paid work is more than half a day.

The CHAIR: Order! Attorney, I am going to put the amendment after you.

The Hon. K.J. MAHER: According to Liberal maths then, how many public holidays do Queensland and the Northern Territory have?

The Hon. T.A. Franks: It's going to be on TikTok soon.

The CHAIR: Order!

The Hon. H.M. GIROLAMO: I am not even going to answer that because you are the ones who are misleading. I will send it around. It is ridiculous.

The Hon. C. BONAROS: I am on my feet about the amendment, please. I have two questions, one that the mover did not answer, and that was: does she consider Adelaide Cup Day more important than Easter Saturday? Secondly, just out of curiosity, did the mover consult with any church groups before moving this amendment?

The Hon. H.M. GIROLAMO: In regard to Adelaide Cup, no, I do not necessarily think that. I have real concerns about four public holidays in a row, and this is from a business perspective, but also Easter Sunday is an occasion for many families to go to church and celebrate Easter. Our position is that we do not want to see more public holidays. We have definitely made sure that we have engaged with far more people than that of the Attorney-General.

The committee divided on the amendment:

Ayes 8

Noes 11

Majority 3

AYES

Centofanti, N.J. Game, S.L. Girolamo, H.M. (teller)
Henderson, L.A. Hood, B.R. Lee, J.S.
Lensink, J.M.A. Pangallo, F.

NOES

Bonaros, C. Bourke, E.S. El Dannawi, M.
Franks, T.A. Hanson, J.E. Hunter, I.K.
Maher, K.J. (teller) Martin, R.B. Ngo, T.T.
Simms, R.A. Wortley, R.P.

PAIRS

Hood, D.G.E. Scriven, C.M.

Amendment thus negatived.

The Hon. H.M. GIROLAMO: I move:

Amendment No 5 [Girolamo–1]—

Page 4, line 12 [clause 3(1)(h)]—After ‘25 April’ insert:

(ANZAC Day)

Amendment No 6 [Girolamo–1]—

Page 4, line 13 [clause 3(1)(i)]—After ‘June’ insert:

(the Sovereign's Birthday)

Amendment No 7 [Girolamo–1]—

Page 4, line 14 [clause 3(1)(j)]—After ‘October’ insert:

(Labour Day)

Amendment No 8 [Girolamo–1]—

Page 4, line 15 [clause 3(1)(k)]—After ‘25 December’ insert:

(Christmas Day)

Amendment No 9 [Girolamo–1]—

Page 4, line 16 [clause 3(1)(l)]—After ‘26 December’ insert:

(Proclamation Day)

Amendment No 10 [Girolamo–1]—

Page 4, line 17 [clause 3(2)]—Delete ‘25 December’ and substitute:

Christmas Day

Amendment No 11 [Girolamo–1]—

Page 4, line 17 [clause 3(2)]—Delete ‘1 January’ and substitute:

New Year's Day

Amendment No 12 [Girolamo–1]—

Page 4, line 19 [clause 3(3)]—Delete ‘26 December’ and substitute:

Proclamation Day

Amendment No 13 [Girolamo–1]—

Page 4, line 24 [clause 3(4)]—Delete ‘26 January’ and substitute:

Australia Day

These remaining amendments ensure consistency and clarity throughout this bill, tidying up the bill for the government to ensure that the wording is consistent. As I have touched on before, we strongly feel that days such as Australia Day and the sovereign's birthday (or birthday of the King or Queen of the day) should be acknowledged. It was our position that we wanted to see consistency within this bill so that every public holiday is referred to by its rightful name.

The Hon. T.A. FRANKS: I have a question for the mover. When she asked in her second reading contribution and at clause 1 whether ANZAC Day was a gazetted national public holiday did she mean in fact a gazetted national event?

The Hon. H.M. GIROLAMO: In regard to that, yes, it is a national event, so thank you for clarifying.

The Hon. T.A. FRANKS: I take it that the minister no longer has to go and look that up. Further, why has the mover chosen 'the Sovereign's birthday' rather than the King's Birthday?

The Hon. H.M. GIROLAMO: Thank you for the question—a very valid one. Because it could be King—at that moment it is the King, previously it has been the Queen. It is so this does not have to change over time.

The Hon. T.A. FRANKS: Did the member take any consideration that the sovereign has a different definition to King or Queen?

The Hon. H.M. GIROLAMO: This is in line with the ACT terminology, so we wanted to keep that consistent.

The Hon. T.A. FRANKS: Can the member please tell me when the actual birthday is of the King?

The Hon. H.M. GIROLAMO: I am happy to take that on notice, and thank you very much for the history lesson today.

The committee divided on the amendments:

Ayes 8

Noes 11

Majority 3

AYES

Centofanti, N.J. Game, S.L. Girolamo, H.M. (teller)
Henderson, L.A. Hood, B.R. Lee, J.S.
Lensink, J.M.A. Pangallo, F.

NOES

Bonaros, C. Bourke, E.S. El Dannawi, M.
Franks, T.A. Hanson, J.E. Hunter, I.K.
Maher, K.J. (teller) Martin, R.B. Ngo, T.T.
Simms, R.A. Wortley, R.P.

PAIRS

Hood, D.G.E. Scriven, C.M.

Amendments thus negatived.

The CHAIR: The Hon. Ms Girolamo, amendment No. 14 appears to be consequential, so you are not going to move that?

The Hon. H.M. GIROLAMO: That is correct. I move:

Amendment No 15 [Girolamo–1]—

Page 4, after line 29—After subclause (5) insert:

(6) A proclamation cannot be made under subsection (5) to declare some other day to be a public holiday in a year instead of Australia Day except in pursuance of a resolution passed by both Houses of Parliament.

(7) Notice of a motion for a resolution under subsection (6) must be given at least 14 sitting days before the motion is passed.

I move this amendment to ensure that Australia Day remains on 26 January. We as a party want to see that in place. As I said before, I would argue that the majority of people are supportive. I acknowledge what the Hon. Connie Bonaros said, but at this stage Australia Day is an important day for all Australians. It is not always celebrated, but it is a very important day to ensure that we recognise what a wonderful country we live in.

We have had lots of opportunities to attend events on Australia Day, and I hope they continue. Many new Australians want to become Australian citizens on Australia Day, and I hope that continues. I hope that the Labor Party and the crossbench will consider supporting this so that the uncertainty when it comes to Australia Day is removed.

The Hon. I.K. HUNTER: Point of order: this is a second reading speech. It is not an explanation of your amendment.

The CHAIR: The Hon. Mr Hunter, the member is allowed to move her amendment.

The Hon. H.M. GIROLAMO: I have spoken for one minute.

The CHAIR: Order! The Hon. Ms Girolamo, I rule that there is no point of order. Conclude explaining your amendment. If there are any other contributions, we will take them and then I will put the question.

The Hon. H.M. GIROLAMO: I call on the Labor Party to support this amendment to ensure that Australia Day remains on 26 January.

The Hon. T.A. FRANKS: The Greens will be opposing this amendment but we do ask the member: what happened on 26 January that is commemorated on this day? Has she had time now that she took on notice previously when I asked her—please tell me what happened, in what year, and under what flag?

The Hon. H.M. GIROLAMO: I just cannot be bothered.

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: Would you like a history lesson?

The Hon. T.A. FRANKS: Yes, a history lesson, Heidi. Tell us more about it.

The CHAIR: Order!

The Hon. C. BONAROS: Some might like a history lesson, but my question is: what is the threat in this bill and what is the need for this amendment? What is the mover concerned is going to happen that has brought about the need for this amendment?

The Hon. H.M. GIROLAMO: In regard to this bill, we feel that this is an opportune time, given the changes that are coming through for the Public Holidays Bill, to ensure that Australia Day remains on 26 January to recognise when Captain Cook first came through—

The Hon. T.A. Franks: Captain Cook!

The Hon. H.M. GIROLAMO: Captain Phillip. In regard to this—

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: Captain Phillip, Sydney Cove in New South Wales—thank you very much. In regard to this, we need to make sure that we—

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: Maybe this is an indication that there should be more education on this within South Australian schools.

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: Instead, this government continues to block a lot of this education, so bring it on.

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: In regard to Australia Day—

Members interjecting:

The CHAIR: Order!

The Hon. H.M. GIROLAMO: —people support Australia Day for different reasons.

The Hon. T.A. FRANKS: As someone who was born in New South Wales, who was raised, 26 January should actually be recognised as New South Wales day—founding day, landing day. It was not even the first landing and it certainly was not Captain Cook.

The CHAIR: There is no question there.

The Hon. C. BONAROS: I do not need a history lesson, but I just want to know what is the threat that the member is so concerned about that we are trying to overcome? What are we trying to overcome with this amendment? What are you afraid of? Where is the mischief behind the need for this amendment?

The Hon. H.M. GIROLAMO: That we would like to see Australia Day remain on 26 January, like the vast majority of South Australians, and we want to remove that uncertainty.

The Hon. I.K. Hunter: What uncertainty?

The CHAIR: Sit down!

The Hon. H.M. GIROLAMO: The uncertainty that the government will cancel Australia Day.

Members interjecting:

The CHAIR: Order!

The Hon. C. BONAROS: I am wondering which state I am living in. Right now I am wondering which universe I am living in. Has there been a suggestion to the member that the rest of us are unaware of as we are amending legislation? Has there been a suggestion to the member that the rest of us are completely oblivious to that she is trying to address?

The Hon. H.M. GIROLAMO: Thank you for your question. In regard to multiple councils banning Australia Day events, I think this is an opportune time for us to ensure that Australia Day remains on 26 January.

The Hon. T.A. FRANKS: Can the member please tell us on what date citizenship day is celebrated?

An honourable member: What's that got to do with the amendment?

The Hon. H.M. GIROLAMO: It has nothing to do with the amendment.

The committee divided on the amendment:

Ayes 8

Noes 11

Majority 3

AYES

Centofanti, N.J. Game, S.L. Girolamo, H.M. (teller)
Henderson, L.A. Hood, B.R. Lee, J.S.
Lensink, J.M.A. Pangallo, F.

NOES

Bonaros, C. Bourke, E.S. El Dannawi, M.
Franks, T.A. Hanson, J.E. Hunter, I.K.
Maher, K.J. (teller) Martin, R.B. Ngo, T.T.
Simms, R.A. Wortley, R.P.

PAIRS

Hood, D.G.E. Scriven, C.M.

Amendment thus negatived; clause passed.

Remaining clauses (4 to 8), schedule and title passed.

Bill reported without amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (12:57): I move:

That this bill be now read a third time.

Bill read a third time and passed.

Sitting suspended from 12:58 to 14:18.

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