Government allows all shops to open on Australia Day under legislation exemption, move slammed by industry

The Treasurer has used a loophole to allow every shop in SA to trade on Australia Day – but unions have blasted the move.

All shops in South Australia, regardless of their size or location, will be allowed to open on Australia Day for the first time.

But the state government move to open up on January 26 has been labelled a “disgrace” that will have no benefit for small business.

Special exemptions have been granted under the Shop Trading Hours Act to let all shops open on the public holiday between 11am and 5pm.

Treasurer Rob Lucas said the change would allow shoppers in SA suburbs to enjoy the same opportunities as those in the regions and CBD.

“If shoppers want to shop, traders want to trade and workers want to work, they should have the opportunity to do so in their local community,” Mr Lucas said.

Treasurer Rob Lucas. Picture: Kelly Barnes/Getty Images

But the move has been branded a “disgrace” and “totally unfair” by union and industry figures.

Shop, Distributive and Allied Employees’ Association secretary Josh Peak said it was a misuse of power by Mr Lucas.

“Rob Lucas started allowing stores to trade on select public holidays … over the past year, we’ve now seen Rob Lucas allow stores to trade on every public holiday,” he said.

“He’s not using his powers under the Shop Trading Act as they were intended.”

Mr Peak said a “loophole” in the Act had been used “over a dozen times” and the effects for smaller retailers were costly.

SDA Secretary Josh Peak. Picture: Milly Schultz-Boylen

Colin Shearing in Rundle Mall, ahead of running for state parliament. Picture: Matt Loxton

“There are many small businesses that used to have the advantage of excluding trade on public holidays that are now having to compete with the big guys, that’s leading to thousands of dollars of lost sales for local SA small businesses.”

Upper house independent candidate and former SA Independent Retailers head Colin Shearing said the changes to the Act were “totally unfair”, a “disgrace” and “another kick in the guts” for small business.

Mr Shearing said granting an exemption played into the hands of national and international large corporate empires.

“There’s no reason for it here in South Australia, there’s no demand,” he said.

“This just plays into the hands of corporate retailers, that’s all it does.”

A Labor spokesman said the government was “increasingly isolated when it comes to their plan for radical deregulation of shoptrading hours, which will hurt local businesses and local jobs”. Labor’s policy backs trading from 9am on Sundays.