No agreement on Christmas Day penalty rates, workers miss out

South Australians who have to work on Christmas Day will miss out on penalty rates after the state government and opposition failed to stitch up an agreement.

South Australians working on Christmas Day will miss out on penalty rates after the state government and the opposition failed to reach an agreement to declare December 25 a public holiday.

SA will be the only state in the country where Christmas Day is not a public holiday this festive season.

A Greens bill that would have declared Christmas Day a public holiday has been quashed after the government and Labor were unable to agree on the matter.

Because December 25 falls on a Saturday this year, it was not a declared public holiday.

The Liberals were willing to support the proposed legislation on the condition that the traditional half-day Christmas Eve public holiday was abolished, meaning workers would not be paid a higher rate on December 24.

The Christmas Eve clause was proposed by independent MP Troy Bell.

Labor did not support the condition, saying penalty rates should be paid to those slugging it out on both Christmas Eve and Christmas Day.

The parties entered a deadlock conference on Wednesday afternoon to try to progress the matter but could not come to an agreement.

Greens MLC Tammy Frank said it was “extremely disappointing” workers would not receive higher rates on Christmas Day.

“It might be the gift that keeps on giving come election day in March,” she said.

Opposition industrial relations spokesman Kyam Maher said Christmas Day workers deserved penalty rates.

“Thousands of South Australians will miss out on precious family time, the least we could do is ensure they are compensated,” he said.

Mr Maher said Premier Steven Marshall could still sign off on regulations to ensure Christmas Day workers received penalty rates.

Treasurer Rob Lucas said Labor had “nobody to blame but themselves” because they would not support a “reasonable compromise”.

“The last thing small businesses need, particularly those in tourism and hospitality, after more than 18 months of Covid, is to be hit with having to pay 250 per cent penalty rates for 4½ days in a row over Christmas was untenable,” he said.

The failure of the negotiations comes after a bill was knocked back by the upper house.

Shoppers in Rundle Mall last Christmas. Picture: NCA NewsWire / David Mariuz

The government will be paying 200 per cent penalty rates for doctors, nurses, police, correctional service officers and anyone who is required to work in the public service on Christmas Day.

An opposition spokesman said: “Extending shopping hours in the lead up to Christmas is not unusual, but what is unusual is refusing to declare Christmas Day a public holiday.”