REMINDER: Part-day Public Holiday proposed for Christmas Eve in Qld

This legislation was passed by Queensland Parliament on 27 November 2019. Read our latest update here.

Employers are reminded that Queensland Premier, Annastacia Palaszczuk, is proposing to amend the Holidays Act 1983 to provide for 6pm – midnight on Christmas Eve to be classified as a gazetted public holiday. Similar provisions for part-day public holidays currently exist in South Australia and the Northern Territory.

The proposed legislation – the, Holidays and Other Legislation Amendment Bill 2019 – was introduced to Parliament in mid-September and has since been referred to the Education, Employment and Small Business Committee. The Committee accepted submissions on the proposed legislation through to 16 October; with a public hearing on 25 October. Employer groups, who quite understandably hold concerns regarding the implementation of an additional public holiday and universally oppose the proposed legislation, dominated submissions with a handful of Unions also participating. Naturally, Unions applaud the proposal to introduce an additional part-day public holiday to the Queensland calendar.

The Education, Employment and Small Business Committee will table its final report on 4 November 2019, but it could be very close to Christmas before the final outcome is known.

If the legislation is ultimately passed and 6pm to midnight on Christmas Eve is enshrined as a part-day public holiday in Queensland, it will entitle workers to reasonably refuse to perform shifts during this period and, in the case of award-covered employees, work performed after 6pm on Christmas Eve would attract the designated public holiday penalty set by an employee’s prevailing industrial instrument (in many cases, double time and a half).

Businesses in health, clubs/hospitality, community service/crisis organisations, transport, aviation, emergency services and numerous other industries that operate on a 24/7 basis stand to be significantly impacted. Employer Services will notify clients via e-bulletin when the outcome is known in reference to this proposed legislation.