Public Holidays:

The approved public holidays for 2009/10 in Queensland are:

Christmas Day - Friday, 25 December 2009
Boxing Day – Monday, 28 December, 2009
New Year's Day - Friday, 1 January, 2010

Trading Hours:

Special extended trading hour's arrangements apply for non-exempt retail shops over the Christmas period. The extended trading relates to various areas throughout the State for the four Sundays prior to Christmas day being 29 November, 6 December, 13 December and 20 December 2009 and the period 18 to 24 December 2009.

All non-exempt shops throughout the State will be closed on Friday, 25 December 2009. Saturday 26 December, 2009 is not a public holiday and normal Saturday trading will apply. Trading on Monday, 28 December 2009 and Friday, 1 January 2010 is permitted in various areas of Queensland.

Over the Christmas period independent retail shops have unrestricted trading hours except on Christmas Day, Friday, 25 December 2009 which is a closed day. Independent retail shops that are predominantly food and/or grocery shops are permitted to open on 25 December 2009.

Exempt shops have unrestricted trading hours.

Further information is also available from our trading hours resource page.

Entitlements of Employees:

In Queensland, the calculation of public holiday entitlements for employees can vary depending on whether or not they are covered by an award or agreement.

Find out how to calculate holiday entitlements.

Overtime:

Some employers may open for extended trading hours over this period. Therefore employees may be required to work overtime to meet the requirements of the business. In such situations, relevant penalty rates may apply to anyone directed to work..

Annual Leave:

Annual leave is exclusive of public holidays. Therefore any public holidays falling within a period of annual leave must be added to the leave.

In some awards and agreements additional annual leave has been granted as compensation for not receiving penalty rates for work on specified public holidays. In these awards and agreements no extra paid days off are added to a period of annual leave when one of the specified public holidays occurs during the period of leave.

The Industrial Relations Act 1999 provides that where an employee is due annual leave and is subsequently terminated (whether by the employer or employee), the employee is entitled, from the date of termination, payment for all annual leave due to them and also their ordinary pay for any public holiday occurring during such period.

Find out more on other public holiday general entitlements.

Rostered day off (RDO):

Many awards and agreements in Queensland provide for a substituted day off where a RDO falls on a public holiday.

Certain entitlements may or may not apply where a public holiday falls on a day or shift workers rostered day off. For example:

Day Workers:

Where day workers work a five day week Monday to Friday or a five and a half day week Monday to Saturday they are not entitled to any additional benefits should a public holiday fall on their day off or half-day off unless an award or agreement provides otherwise.

Some awards and agreements may have compensating provisions especially when rostered day off arrangements or 38 hour week flexibilities apply.

Shift Workers:

Where a shift workers' rostered day off is outside their ordinary work week they are not entitled to any additional payment or benefit should a public holiday fall on their day off, unless there is a specific provision made in an award or agreement.

Many awards provide that if a public holiday falls on a day on which a shift worker is rostered off, an extra day shall be added to annual leave or some similar compensating provision.

Alternative Pay Arrangements:

Certain awards and agreements provide for alternative pay arrangements. By agreement in writing between the employer and the employee, ordinary hours worked by full-time and part-time employees may be paid at the rate of time and a-half for time worked on a public holiday and the employee shall receive either time off with pay equivalent to the time worked, or have an equivalent amount of time added to that employee's annual leave. Where equivalent time off with pay is taken, such time shall be taken at a mutually agreeable time within 28 days of its accrual. Outstanding accrued time shall be paid in full at the time of termination.

Annual Close Down:

An employer may wish to close down their business operations for a period of time around Christmas. Some awards and agreements do make specific provision regarding annual closedown (also known as stand down), however, where there is no such provision, the following options are open to employers:

• For employees (excluding casuals) with annual leave due, the employees would be paid annual leave for the period of the closure (in addition to payment for public holidays). The employer is required to give notice as prescribed by the Act or by the relevant award or agreement (the latter if it includes such a provision).

• For employees (excluding casuals) who do not have annual leave due, the employer could, by mutual agreement, grant annual leave in advance.

Needing Assistance?

If you need assistance with information about an award or agreement, what entitlements are applicable on a public holiday, or any other industrial relations matter arising over the Christmas/New Year period, contact Wageline.