On 27 November 2019, the Queensland parliament passed the Holidays and Other Legislation Amendment Bill 2019 (QLD), amending the Holidays Act 1983 (QLD). The amendment declares a part-day public holiday in the state of Queensland from 6.00 pm to midnight on Christmas Eve (24 December) and will take effect from 2019.
Of the 122 modern awards, 113 currently contain a part-day public holiday schedule. The are 5 different versions of the part-day pubic holiday schedule but each of them refer to a part-day public holiday ‘declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year)’.
In response to the part-day public holiday declared by the Queensland Government, the Australian Hotels Association (AHA) has made an application to vary the Hospitality Industry (General) Award 2010 (Hospitality Award) pursuant to s 158 of the Fair Work Act 2009 (the Act) and the Commission has expressed a provisional view that the Hospitality Award should be varied in line with the AHA’s proposed amendments. This application is matter number AM2019/21.
In addition, matter AM2019/22 had been raised pursuant to the Commission’s power to vary a modern award on its own initiative in section 157 of the Act. The Commission has expressed a provisional view that the remaining 112 awards which currently contain a part-day public holiday schedule should be varied in the same terms as submitted by the AHA. A list of the 112 can be viewed at Attachment A to the Statement issued on 3 December 2019 ( FWCFB 8182). The proposed variations are set out in Schedule B to that Statement.
Any party opposing the provisional views in the 3 December 2019 Statement is to file a written submission setting out their views by no later than 4.00 pm on Thursday 12 December 2019.
This matter will be listed for hearing at 10.00 am on Monday 16 December 2019.