Adelaide supermarkets cut back on hours, floorspace after State Government review finds them in breach of ‘ridiculous’ trading laws

Supermarkets which breached trading laws by being too big have had to improvise ways of shrinking themselves, because of a situation Treasurer Rob Lucas calls “ridiculous”.

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Three Adelaide supermarkets are cutting cut back their hours after being found in breach of the state’s shop trading laws, as eight others invent workarounds, including building walls and shifting fridges, to shrink their store space.

Under SA’s existing shopping laws, supermarkets that have a floorspace over 400 sqm are banned from opening on most public holidays as well as Sunday mornings and after hours on the weekends.

An audit by SafeWork SA during the drafting of reforms promised by the State Government at the election detected 11 stores which were flouting the laws, leading Treasurer Rob Lucas to give them a deadline of Monday by which they must comply or close.

The longstanding laws don’t measure the built size of a stores as its floorspace, but examine the area which is actively used for shopping. That means shifting equipment or trolley bays has allowed some in-breach stores squeak in under the allowed size.

The three stores that have decided to cut back hours are understood to be two Foodland shops owned by Roger Drake, who had campaigned against more shopping hours for all traders, in West Beach and Wynn Vale.

The other is believed to be an independent grocery store in Seacliff.

SA Treasurer Rob Lucas said it was “ridiculous” that the Government was forced to take this move. Picture: AAP / Sam Wundke

Mr Lucas said it was “ridiculous” that the Government was forced to take this move, which wouldn’t have been necessary if State Parliament backed its deregulation plan last year.

However, he said turning a blind eye would be a “recipe for anarchy” and people suggesting Mr Lucas do so would be furious if competing stores like Woolworths and Coles were allowed to trade illegally.

“We would have everyone screaming,” he said. “It’s exactly the same principle.”

Mr Lucas said he would continue to make the case for reform, and was eager for it to become a state election issue in 2022 if the Opposition and crossbench refused to budge.

The shop floor changes have been made in concert with SafeWork SA to ensure shops are fully compliant.

SA Independent Retailers chief executive Colin Shearing said shop owners understood they had to follow the law and were willing to do so.

“We’re the first ones to say that you have to be compliant,” Mr Shearing said.

“We are dead keen to make sure that all our members are absolutely compliant. We don’t want this to be politicised with the trading hours debate.”

Mr Shearing said the Government’s reform legislation would only advantage big stores at the expense of small and family-owned businesses, which created local jobs and kept their profits in SA.

The West Beach Drakes Foodland has posted a notice to customers saying the store “has been trading with its current opening hours since 1978”.

It tells customers that a cutback in hours, which started on Monday night, was forced by “current trading hours legislation”.

Mr Drake had unsuccessfully sought an exemption from the laws and the store had been trading from 7.30am to 10pm, seven days a week.