The Nightmare before Christmas: Queensland introduces Part-Public Holiday on Christmas Eve

27 November 2019

A photograph of a silver alarm clock with a christmas santa hat sitting on the top of it.

Despite strong objection from industry, the Queensland’s Parliament today passed a Bill to make Christmas Eve a part-day public holiday – all work in Queensland after 6:00pm on 24th December will now be treated as a public holiday.

For employers who had planned on trading on Christmas Eve past 6:00pm, your full-time and part-time employees are now entitled to be absent from work if they were going to be rostered past this time.

Managing absences

You must request that your employees work past this time, and your employees may refuse your request if it is unreasonable, or for reasonable grounds. Factors that will determine reasonableness include:

• whether the employee has family and caring responsibilities;
• what the needs of the workplace are;
• how much notice you have given them to request they work; and
• how much notice the employee gives of their refusal.

Additionally, any work performed by your employees past 6:00pm will need to be paid pursuant to the relevant public holiday penalty rate outlined in the applicable modern award or other applicable instrument.

If you need any support in managing your employees attendance at work this Christmas Eve, please contact the NRA Legal team on 1800 572 679 for further guidance.