Queensland Consolidated Acts Queensland Consolidated Acts(1) An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day.
(2) Subsection (1) applies to an employee whether the employee—
(a) works on the public holiday; or
(b) does not work on that day because of the public holiday.
(2A) Despite subsection (2), subsection (1) applies to a school-based apprentice or trainee only if the apprentice or trainee works on the public holiday.
(3) Subsection (1) does not apply—
(a) to a casual employee or pieceworker; or
(b) if the employee is rostered off on the public holiday.
(4) If an employee who is bound by a relevant instrument does work on a public holiday, the employer must pay the employee—
(a) for the greater of the hours worked or 4 hours—
(i) if the employee would ordinarily be required to work on a day on which a public holiday falls—at the rate of 1.5 times the hourly rate, in addition to the amount payable under subsection (1); or
(ii) if the employee would not ordinarily be required to work on a day on which a public holiday falls—at the rate of double time and a half; or
(iii) if the employee is a casual employee—at the rate of double time and a half; and
(b) if the employee works outside the employee's ordinary working hours—at double the rate stated in the instrument for that work.
(5) Subsections (3) and (4) do not apply if a relevant instrument provides otherwise.
(6) Subject to another Act that restricts work or trading hours on particular days of the year, the employee and employer may agree that the employee work on a public holiday at ordinary rates in exchange for another day off on full pay.
(7) The commission may confer on an employee an entitlement to extra annual leave on full pay, instead of extra pay, for work on a public holiday.
(8) In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes.
(9) An employee, while employed by the 1 employer, is only entitled to leave on full pay for a show holiday once each calendar year.
(10) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.
(11) In this section—
double time and a half means 2.5 times the hourly rate.
ordinary working day means a day on which the employee would ordinarily be required to perform work.
ordinary working hours, for an employee, means the hours between the employee's ordinary starting time and ordinary finishing time under a relevant instrument.
relevant instrument means any of the following—
(a) an industrial instrument;
(b) a federal award made or varied after 1 September 2005;
(c) a federal agreement made, varied or approved after 1 September 2005, other than a federal agreement if the application to certify the agreement was made on or before 1 September 2005.
show holiday means—
(a) a public holiday appointed for an annual agricultural, horticultural or industrial show under the Holidays Act 1983, section 4; or
(b) for a district in which a public holiday is not appointed for an annual agricultural, horticultural or industrial show—the day agreed on by the employee and employer under subsection (8).