Part-day public holidays - multiple modern awards variation (AM2019/22 and another)

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 contained a part-day public holiday schedule. There are 5 different versions of the part-day public 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) applied under section 158 of the Fair Work Act 2009 to vary the Hospitality Award.  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 was raised pursuant to the Commission’s power to vary a modern award on its own initiative in section 157 of the Fair Work Act. The Commission expressed a provisional view that the remaining 112 awards which contained 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 ([2019] FWCFB 8182). The proposed variations are set out in Schedule B to that Statement.

Please direct any submissions or enquiries to [email protected] 

Read further information for parties (pdf).