Holidays and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill makes Christmas Eve a part-day public holiday in Queensland from 6pm to midnight. It recognises that Christmas celebrations often begin on the evening of 24 December and ensures workers are either able to refuse work after 6pm or receive penalty rates if they do work.
Who it affects
Workers in retail, hospitality, tourism and other service industries gain new protections and penalty rate entitlements. Employers face increased wage costs for staff working after 6pm on Christmas Eve, with the estimated cost to the Queensland Government alone ranging from $9.4 million to $21.1 million per year.
Key changes
- Christmas Eve (24 December) from 6pm to midnight becomes a public holiday in Queensland
- Workers can reasonably refuse to work after 6pm on Christmas Eve
- Workers who do work after 6pm are entitled to public holiday penalty rates under both state and federal industrial relations laws
- Employees stood down in December and re-employed in January are entitled to be paid for the Christmas Eve holiday period
- Building and construction and contract cleaning portable long service leave schemes updated to recognise the new part-day holiday
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee19 Sept 2019View Hansard
Referred to Education, Employment and Small Business Committee
The Education, Employment and Small Business Committee examined the bill over six weeks, receiving 14 submissions and holding a public briefing and public hearing. The committee recommended the bill be passed, noting that the proposed part-day public holiday on Christmas Eve from 6pm aligned with existing trading hours restrictions and would give workers the right to refuse work or receive penalty rates. Employer groups raised significant concerns about costs to business and potential closures, while unions and employee representatives strongly supported the reform. Non-government members filed a dissenting report opposing the bill.
Key findings (5)
- The majority of submissions to the government's consultation process (71 per cent) supported the proposed part-day public holiday, though many of these were provided by the Shop, Distributive and Allied Employees' Association from its members.
- Employer groups including the Queensland Hotels Association, Australian Retailers Association and Chamber of Commerce and Industry Queensland raised concerns about additional wage costs estimated at $31.9 million to $115.8 million for the private sector.
- The Office of Industrial Relations advised that the lower-end cost estimate was more realistic, citing South Australian experience where actual costs were significantly lower than initial estimates.
- The committee found no issues with fundamental legislative principles and considered the explanatory notes adequate.
- Several employer groups argued the bill would lead to business closures on Christmas Eve, reduced shifts for casual workers, and surcharges passed on to consumers, particularly in hospitality and tourism.
Recommendations (1)
- The committee recommends the Holidays and Other Legislation Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading26 Nov 2019View Hansard
That the bill be now read a second time
Vote on whether to advance the Holidays and Other Legislation Amendment Bill 2019 to the consideration in detail stage. The bill introduces a part-day public holiday on Christmas Eve from 6 pm to midnight, giving workers the right to refuse work or receive penalty rates. Passed 49-41.
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (41)
▸28 members spoke16 support11 oppose1 mixed
Acknowledged the bill would be good for workers and recognised it was an attempt to compensate for lost penalty rates, but also expressed sympathy for small business concerns and did not commit to supporting the bill, ultimately voting against it.
“This is going to be a great thing for workers. It will make sure that if they do have to work or want to work on Christmas Eve they will be duly compensated, and that is a great thing for workers.”— 2019-11-27View Hansard
As Minister for Industrial Relations, moved the second reading and defended the bill as recognising the special status of Christmas Eve and ensuring workers who must work after 6 pm are either able to refuse in reasonable circumstances or receive penalty rates.
“The Palaszczuk government believes that these workers should get the extra legal protections and entitlements that come with a public holiday.”— 2019-11-26View Hansard
Drew on personal experience from her family's hospitality business to support the bill, noting that good businesses value their employees and are happy to factor penalty rates into prices.
“Let's not be scrooges; let's give these hardworking employees an early Christmas present.”— 2019-11-27View Hansard
Strongly opposed the bill, arguing it is a union-driven measure that will cost jobs, force businesses to close on Christmas Eve, and act as an additional tax on small business estimated at up to $115 million.
“This bill is bad for business in Queensland. This bill is bad for employees. This bill is bad for employer groups. This bill will cost Queenslanders jobs. This bill will mean that businesses close on Christmas Eve.”— 2019-11-26View Hansard
Opposed the bill as an unjustifiable cost on small and medium businesses at the busiest time of year, citing industry opposition from groups representing 498,000 businesses and the negative impact on regional Queensland.
“These peak stakeholders provided lengthy, informed and measured submissions both in writing and to the hearing itself, representing a collective total of 498,000 members who resoundingly opposed the bill.”— 2019-11-27View Hansard
As committee chair, supported the bill, arguing that the protections and penalty rate compensation for workers required to work after 6 pm on Christmas Eve are important and appropriately balanced by limiting entitlements to the post-6 pm period.
“I believe the provisions contained in this bill that afford workers compensation in the form of penalty rates or the right to refuse to work in reasonable circumstances is appropriately balanced by a limiting of those entitlements to the hours post 6 pm in appreciation of higher labour costs to employers.”— 2019-11-26View Hansard
Strongly supported the bill as fair and overdue recognition that workers obliged to work on Christmas Eve should be properly compensated, and criticised the LNP's opposition as deeply ideological and anti-worker.
“The reform before the House to grant workers a public holiday on Christmas Eve after 6 pm is good policy. It is fair, decent and overdue.”— 2019-11-27View Hansard
Opposed the bill as fundamentally flawed, arguing it will cost jobs, increase prices for consumers and businesses, and represents reckless abandonment of small business, citing CCIQ figures that 48 per cent of small businesses would close on Christmas Eve.
“Unless the Labor government can guarantee that this bill will not cost more jobs or increase costs for consumers and businesses at an already cost-demanding time of year, then this bill should not be supported by anyone in this House.”— 2019-11-26View Hansard
Opposed the bill as damaging to small businesses, arguing it would lead to closures, reduced hours for workers and was driven by union influence rather than evidence, noting Queensland already has the highest unemployment rate.
“This is not just about penalty rates for workers; it is a penalty rate that will close the doors so that in fact workers end up with fewer hours being worked when those workers need more working hours.”— 2019-11-27View Hansard
Supported the bill as a former small business owner in regional Queensland, arguing that six hours of penalty rates on Christmas Eve will not send businesses under and that workers who miss time with their families should be compensated.
“If you have to work on Christmas Eve and you have to take time away from your family, I think you should be compensated and renumerated. I believe that is fair.”— 2019-11-26View Hansard
Spoke in support of the bill, arguing that fair wages drive consumer spending which supports small business, and defended unions as giving a voice to workers with an imbalance of power in the workplace. Also outlined foreshadowed Liquor Act amendments for ID-scanning flexibility.
“The best way to support small business is to make sure that workers are earning a decent income to have a disposable income to spend in our local shops, restaurants, cafes and everywhere else.”— 2019-11-27View Hansard
Opposed the bill in its entirety as deputy committee chair, citing opposition from tourism and hospitality industry groups, the rushed consultation process, and the use of outdated South Australian data to justify the changes.
“We stand side by side with small business—always have, always will. As the LNP stated in the dissenting report, we would only offer support for this legislation if the Palaszczuk government could guarantee that it will not cost jobs or increase prices for consumers.”— 2019-11-26View Hansard
Opposed the bill while acknowledging union rights and his own family's union background. Outlined the RIS arguments for and against the changes, citing estimated costs of $31.9 million to $115.8 million for the private sector and urging the government to consider unintended consequences.
“Whenever looking at any bill before the House it is important to look at the unintended consequences. I urge the government to think long and hard about this change because at the end of the day this goes to the very heart of its mantra of 'jobs, jobs, jobs'.”— 2019-11-27View Hansard
Supported the bill as a committee member, arguing that six hours of penalty rates will not collapse the economy, that businesses can apply surcharges, and that protecting workers' wages builds the consumers of tomorrow.
“Ensuring their wages are protected, ensuring a better take-home pay packet and protecting their rights in light of the onslaught by this federal government is fair and just, and it is what we are doing.”— 2019-11-26View Hansard
Supported the bill as proportionate and responsible, drawing on personal experience as a teenage checkout operator and arguing that workers in insecure employment deserve the right to refuse work or receive penalty rates on Christmas Eve.
“From my perspective, if I was rostered on I worked for the five-something dollars an hour or whatever it was that I was being paid back in the mid-1990s. In giving workers a right to refuse in reasonable circumstances or receive public holiday penalty rates, the bill is reasonable and appropriate in the circumstances.”— 2019-11-27View Hansard
Strongly opposed the bill, arguing it would cost Queensland businesses $116 million, citing scathing assessments from CCIQ, the Queensland Hotels Association, Clubs Queensland and other industry bodies, and characterising it as union-driven.
“'The case for this proposal is flawed at best and baseless at worst.' That is what the Australian Retailers Association had to say about this bill.”— 2019-11-27View Hansard
Supported the bill as providing deserved time off and penalty rates for workers on Christmas Eve, noting 71 per cent of RIS submissions supported the proposal and drawing on his background representing workers in police and warehousing.
“Each and every condition provided to workers in this state, in fact in Australia, has been the result of unions seeking improvements to conditions of employment, health and safety, and superannuation—conditions that even we in this place enjoy.”— 2019-11-27View Hansard
Opposed the bill as a costly burden on Gold Coast tourism and hospitality businesses, arguing it would force closures and reduce shifts for the lowest paid workers during one of the busiest times of the year.
“The last thing the Gold Coast needs is to have businesses close during one of the busiest times of the year. We do not want people trying to turn up to venues that simply cannot afford to open.”— 2019-11-27View Hansard
As a former shiftworker and nurse, supported the bill passionately, arguing that people forced to work on Christmas Eve deserve penalty rates and praised the SDA's advocacy for retail workers.
“Anybody who has had to say, 'Sorry, kids, I won't be home until four o'clock on Christmas afternoon,' or 'Yes, I'm coming home at seven o'clock in the morning, but I'm going to have be in bed by eight o'clock in the morning because I need to go to work that night,' knows that we are a society that operates 9 to 5, Monday to Friday.”— 2019-11-27View Hansard
Supported the bill as a small but welcome step, noting the Greens had proposed four new public holidays at the 2017 election. Argued for a broader push towards a four-day work week given productivity has nearly doubled since 1986.
“Corporate profits are at all-time highs. The share of national income going to wages is at its lowest level since the 1950s. There is a very good reason why we have 12 public holidays in Queensland; there is a very good reason why we have a five-day work week instead of six.”— 2019-11-27View Hansard
Supported the bill as formal recognition that the night before Christmas is as important to families as Christmas morning, and as providing appropriate recognition and penalty rates for emergency workers and others who work Christmas Eve.
“Christmas Eve counts as a time for churches and community; for friends and family; for putting together train sets and trampolines and trikes and bikes with training wheels; for putting out a carrot for the reindeer and a glass of milk and a rum ball for Santa; for midnight mass and Christmas carols.”— 2019-11-27View Hansard
Opposed the bill as a business-bashing measure driven by unions, noting the Mickel review in 2016 did not endorse a part-day public holiday and arguing the $31.9 million minimum cost would be borne by mum-and-dad businesses.
“That increase in wages is borne by mums and dads. They have to pay out of their pocket an additional $31.9 million because of this government's determination to push through this legislation.”— 2019-11-27View Hansard
Supported the bill as being about people and families, noting the positive reaction from her community and that the weight of consultation was in favour of the public holiday.
“Sometimes people are more important than profits. Our communities are important and we need to be with those we love.”— 2019-11-27View Hansard
Opposed the bill, citing the cost burden on drought-affected regional businesses, noting that 1,149 of the 1,271 supportive submissions came from SDA members and arguing the bill would cost jobs and increase prices.
“In short, this bill will cost jobs and will increase prices for consumers. It is yet another display of the Palaszczuk Labor government's pro-union, anti-worker and anti-small-business agenda.”— 2019-11-27View Hansard
Supported the bill as providing protections for some of the lowest paid and most vulnerable workers, arguing that industry groups' opposition represents a one-eyed economic approach that fails to value workers.
“It is about putting families before profits. It is a matter of morality.”— 2019-11-27View Hansard
Strongly opposed the bill, characterising it as a weak government kowtowing to union paymasters, criticising the regulatory impact statement as laughable and lazy, and arguing it would cost employees lost wages when businesses choose to close.
“This legislation is not about holidays. The word 'holiday' is being used for branding purposes only. This legislation is purely and simply about a weak government kowtowing to its paymasters in the union movement.”— 2019-11-27View Hansard
Supported the bill on behalf of workers who sacrifice Christmas Eve to provide for their families, noting that penalty rate cuts under the Morrison government had already left hospitality workers $837 million worse off.
“We believe that, if Queenslanders have to miss out on those sorts of important events with the ones they love, they should be appropriately compensated for missing those important occasions.”— 2019-11-27View Hansard
As Minister for Industrial Relations, spoke in reply defending the bill, noting it protects workers for six hours on Christmas Eve and criticising the LNP for failing to acknowledge the special significance of Christmas Eve for families.
“For six hours on Christmas Eve, from 6 pm to midnight, we believe workers have a legitimate expectation and desire to take part in Christmas Eve events and enjoy that special time with family and friends.”— 2019-11-27View Hansard
▸In Detail27 Nov 2019View Hansard
Amendment No. 1: Inserted new Part 3A amending the Liquor Act 1992 to provide flexibility on ID-scanning obligations for regulated premises on lower-risk nights (Monday to Thursday when closing by 1 am), and to introduce a re-entry pass system allowing patrons who have already been scanned to leave and re-enter venues without being re-scanned during the same trading period.
Amendment No. 2: Amended the long title of the bill to include reference to the Liquor Act 1992, consequential to the insertion of the Liquor Act amendments.
That the long title of the bill, as amended, be agreed to
Procedural vote to agree to the amended long title of the bill, which now includes reference to the Liquor Act 1992 following the minister's amendment adding re-entry pass provisions for licensed premises. Passed 49-41 on the same lines.
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (41)
▸Third Reading27 Nov 2019View Hansard
That the bill, as amended, be now read a third time
Final passage vote for the Holidays and Other Legislation Amendment Bill 2019 as amended with the minister's Liquor Act amendments adding a re-entry pass system for ID-scanned venues. Passed 49-41 on the same voting lines as the second reading.
The motion passed.