Statutes Amendment (Industrial Relations Portfolio) Bill
The Hon. H.J. GUMBYS (16:19): I rise to support the Statutes Amendment (Industrial Relations Portfolio) Bill 2026. This is a straightforward but important bill. It makes two targeted amendments to legislation within the industrial relations portfolio. Both amendments are intended to provide certainty, support the effective operation of our laws and ensure that the relevant legislation continues to operate as parliament intended.
The first amendment relates to the Explosives Act 2024. The bill extends the two-year period within which that act would otherwise automatically commence under the Legislation Interpretation Act 2021. The Explosives Act represents a significant modernisation of the regulation of explosives in South Australia. It is therefore important that, when the legislation commences, the accompanying regulatory framework is practical, effective and fit for purpose. The extension provided by this bill will allow SafeWork SA to continue consulting with affected industries on the regulations required to support the new act. It will also allow sufficient time for any technical amendments identified through that consultation process to be considered and, where appropriate, introduced later this year.
This is a sensible approach. Legislation of this nature must appropriately protect workers and the broader community while also recognising the operational realities faced by the businesses and industry participants that will be required to comply with it. Allowing further consultation will help ensure that the regulatory framework achieves that balance. The government is not delaying reform for the sake of delay; it is ensuring that the reform is implemented properly.
The second amendment relates to the former Holidays Act 1910. This amendment confirms that under the former legislation a day was not to be treated as a public holiday merely because it fell on a Sunday. The amendment is being introduced for the avoidance of doubt and in response to a speculative interpretation of the former act that is presently the subject of proceedings before the Federal Court.
Under that interpretation, every Sunday during the operation of the former Holidays Act could potentially be characterised as a public holiday. The consequences of such an interpretation would be extraordinary. It would mean that public holiday rates, rather than ordinary Sunday penalty rates, may have been payable on every Sunday under an act that operated in South Australia for approximately 113 years. That is plainly contrary to the way the legislation has been consistently understood and applied throughout its operation.
It would also place South Australians entirely out of step with every other state and territory in the nation. No other Australian jurisdiction has treated every Sunday as a public holiday for the purpose of penalty rates. Accepting this interpretation would therefore expose South Australian employers to potentially enormous and entirely unexpected back pay liability. That liability would not be confined to one particular employer or industry. It could affect businesses, community organisations and employers throughout the state.
It would also create a significant competitive disadvantage for South Australian employers arising from an interpretation that was never contemplated when the original legislation was enacted. Parliament clearly did not intend to create an additional 52 public holidays each year. It did not intend that every Sunday would attract public holiday penalty rates in addition to the penalty rates already applying for Sunday work. This amendment ensures that the legislation reflects that clear and longstanding understanding.
Importantly, this measure does not take away money from workers that they were already receiving. Workers will continue to receive the penalty rates and entitlements that properly apply to the days and hours they work. What the amendment does is prevent a retrospective and unintended reinterpretation of legislation that has been understood in the same way by workers, employers and governments for more than a century.
It provides certainty. Certainty is important for workers who should be able to understand the entitlements that apply to them. It is also important for employers who must be able to plan, budget and meet their legal obligations with confidence. Businesses should not face potentially substantial retrospective liabilities arising from an interpretation of legislation that was never previously understood to apply. The bill does not alter the current public holiday framework established under the Public Holidays Act 2023, nor does it diminish the importance of penalty rates or the rights of workers who work on recognised public holidays. It simply confirms how the former Holidays Act was always intended to operate.
Together, these two amendments demonstrate a practical and responsible approach to legislation. The amendment to the Explosives Act allows the government to complete proper consultation and ensure that an important new regulatory regime is ready before it commences, and the amendment concerning the former Holidays Act protects the longstanding and nationally consistent understanding of South Australia's public holiday laws. Both measures provide clarity, reduce unnecessary uncertainty, and ensure that South Australian legislation operates fairly, effectively and in accordance with parliament's intention. I commend this bill to the council.