SUNDAY trading could be a thing of the past following claims by Treasurer Rob Lucas Millicent IGA is not meeting the requirements of the state’s current retail hour legislation.
A recent audit undertaken by SafeWork SA found the store, which is considered exempt from trading restrictions that forbid Woolworths, Foster’s Foodland and Target Country from extended opening hours, is operating despite having a floor space greater than 400m2.
Under the current legislation, only grocery stores with less than 400m2 of retail floor area and a storage area of less than 200m2 are permitted to trade late and open on public holidays.
Eudunda Farmers (IGA) chairman Bill Schuller rejected the notion the store was trading outside of the legislative regulations, saying SafeWork SA had advised him he was compliant following an earlier audit in which fridges and freezers were brought in from the walls.
However, Mr Lucas said the recent finding, which revealed the store had a floor space larger 400m2 even after the rearrangement, meant Millicent IGA was trading “unlawfully” under the current act.
“Under the very restrictive trading hours in Millicent, they would not be able to trade between 6pm to 9pm on weekdays and they would not be able to trade on Sundays or public holidays at all,” he said.
“They have argued to SafeWork SA that by moving the fridges and freezers in, the area behind should not be counted.
“My understanding is they have also been arguing the counter areas, including the cigarette area, should not be counted.
“It does seem a bit silly that to try and comply with the law, you can have people pushing fridges and freezers in from the wall and then argue to the government on what is legal.”
Earlier this year, the State Government ordered SafeWork SA to prepare an urgent report on claims of breaches, including a regional supermarket that had been opening unlawfully “for many years” before rearranging fridges in order to continue trading.
At the time the State Government refused to identify the supermarket.
However, in response to concerns raised by Labor MLC Clare Scriven the government had wasted “scarce resources” by sending a SafeWork official to “harass a local store in a regional town”, Mr Lucas confirmed it was Millicent IGA.
Although trading outside the regulated hours attracts a $100,000 maximum penalty, Mr Lucas said the government would not seek to fine or prosecute businesses breaching the act.
He said the government was attempting to rectify the issue in the parliament with the proposed trading hour reform, which will see Millicent completely deregulated.
Mr Lucas said if the legislation failed to gain crossbench support in the upper house, the government would “have to enforce the law”, which may result in Millicent IGA being unable to open extended trading hours or on weekends and public holidays.
“We are trying to sort this out in the parliament, but if the parliament says ‘no, we are not going to work for this’ then sadly, the current act will apply,” he said.
“The only solution is the solution the government has put to them, assuming they want to continue trading.
“Clearly the customers want to shop and the staff want to work, but if the government’s proposed bill does not pass through the parliament, the store will have to comply with the law.
“I am sure if Woolworths and Foster’s Foodland asked us to open on Sundays, IGA would be complaining they were breaking the law.
“The law is the law sadly and what we are saying is the law does not make any sense.”
