Holidays and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill moves Labour Day back to the first Monday in May and the Queen's Birthday to the first Monday in October from 2016 onwards. It also lets people apply online for high risk work licences (for cranes, forklifts and scaffolding) by reusing driver licence photos, and consolidates the rules about digital photos and signatures across six transport and ID laws into one place.
Who it affects
Every Queensland worker and employer through the public holiday date changes, and anyone applying for a high risk work licence or holding a DTMR-issued licence through the new online process and wider use of facial recognition.
Public holiday date changes
From 2016, Labour Day returns to the first Monday in May (its date since 1891) and the Queen's Birthday moves from June to the first Monday in October. The changes deliver the Government's 'Honouring the real Labour Day' election commitment and spread public holidays more evenly across the year.
- Labour Day moves from the first Monday in October back to the first Monday in May
- Queen's Birthday (Birthday of the Sovereign) moves from the second Monday in June to the first Monday in October
- Changes commence on 6 October 2015 but only take effect from the 2016 holidays
- The Industrial Relations Act 1999 is updated so penalty rates and leave rules follow the new dates
Online high risk work licences
People applying for high risk work licences (such as crane, forklift or scaffolding tickets) will be able to apply online and have their card posted out, instead of having to visit an Australia Post outlet in person. Transport and Main Roads will reuse photos and signatures it already holds, for example from a driver licence.
- Online applications for high risk work licences become possible, including for fly in/fly out and regional workers
- DTMR can reuse an existing driver licence photo and signature for a new HRW licence if the photo is still within its 10-year shelf life
- Applicants without a DTMR photo on file can have one taken at a DTMR licence issuing centre
- Facial recognition can be used to confirm identity if a customer attends DTMR without ID
Consolidated biometric rules across transport laws
Provisions about taking, keeping, using and destroying digital photos and signatures are pulled out of five separate Acts and placed in a single new Part 4C of the Transport Planning and Coordination Act 1994. Access rules, retention periods and penalties remain similar, but the framework now also covers HRW licences and can be extended to other agencies by regulation.
- Photos and signatures are kept under one consolidated scheme instead of five separate Acts
- Retention periods stay the same: 30 years if a licence is granted, 6 months if refused, 24 hours otherwise
- A new confidentiality offence carries a maximum penalty of 200 penalty units; improper access to smartcard data attracts up to 20 penalty units
- Police and interstate licensing authorities get consistent access to photos to investigate licence fraud
- The chief executive must publish an annual report showing how many times police accessed digital photos, tabled in Parliament
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee3 June 2015View Hansard
Referred to Finance and Administration Committee
The Finance and Administration Committee was unable to reach agreement on whether to recommend the bill be passed. The bill had two components: moving the Labour Day public holiday from October back to May and the Queen's Birthday from June to October, and implementing online applications for high-risk work licences. The committee agreed on the HRW licence amendments but split along party lines on the public holiday changes, with government members supporting the move and non-government members opposing it.
Key findings (5)
- The committee could not agree on whether to recommend passage due to the politically contentious public holiday changes, with government and non-government members holding opposing views
- An extensive 2011 community consultation of 24,505 respondents found 85.4 per cent supported moving the Queen's Birthday holiday to the second half of the year
- Non-government members raised concerns about the impact on rural and regional communities where events such as rodeos and picnic races are planned around the June long weekend
- The Chamber of Commerce and Industry Queensland opposed the changes on the grounds of losing national consistency with other states' Queen's Birthday holiday in June
- The committee agreed unanimously that the proposed amendments to high-risk work licence applications were sound and should be supported
Recommendations (1)
- The committee recommends that, should the bill pass, the Minister work with community and other groups to alleviate any inconvenience caused by the movement of public holidays.
Committee report tabled
▸Second Reading13 Oct 2015View Hansard
That the bill be now read a second time
Vote on whether to advance the Holidays and Other Legislation Amendment Bill to the committee stage, with ALP, KAP, and one independent voting in favour and the LNP opposing due to the holiday date changes.
The motion passed.
▸Show individual votesHide individual votes
Ayes (46)
Noes (42)
▸23 members spoke16 support7 oppose
As Treasurer and minister responsible, moved the bill and defended it as honouring an election commitment to restore Labour Day to its historically significant date in May, while also improving high-risk work licence processes.
“I am very proud to stand in this House and be overseeing a bill which is about restoring Labour Day to its rightful place in May.”— 2015-10-13View Hansard
Opposed the holiday changes as ideological payback to union bosses, arguing the LNP's decision to move Labour Day to October was sensible for national consistency and even holiday spread. Supported the high-risk work licence provisions.
“We will be opposing the provisions of the bill that relate to the change of the holiday.”— 2015-10-13View Hansard
As committee chair, defended the bill as righting a wrong committed by the Newman government, noting the 2011 community consultation showed overwhelming support for moving the Queen's Birthday to October.
“This is yet another bill to right a wrong, which is the restoration of the Labour Day public holiday to the day which had been marked for the occasion for well over 100 years and which was stripped away by the LNP within six months of coming to government.”— 2015-10-13View Hansard
Spoke only in support of the high-risk work licence provisions, welcoming the streamlined online application process and privacy protections, and noting it continued reforms begun under the LNP government.
“I do welcome this legislation. This continues on the path that we put in place when we were in government previously in terms of reducing red tape for the whole transport industry.”— 2015-10-13View Hansard
Supported the bill, arguing Labour Day deserves the same respect as other key holidays and belongs in May, criticising the LNP for shifting it as an insult to workers and the union movement.
“Labour Day is a day for workers; it is not a day that can be placed anywhere in the calendar. It deserves the same respect as other key holidays such as Australia Day.”— 2015-10-13View Hansard
Opposed the bill as deputy chair of the committee, arguing the government ignored 80 per cent of the evidence and listened only to unions representing 17 per cent of the workforce, while councils representing 100 per cent of Queenslanders opposed the changes.
“Once again in our committee system we are talking about this issue of evidence. That is what we are there for.”— 2015-10-13View Hansard
Supported the bill as delivering on an election commitment, citing the 2011 survey showing 85.4 per cent support for moving the Queen's Birthday to the second half of the year and the QTIC's preference for October.
“Some 24,505 people responded to this survey, with 19,393 or 85.4 per cent of those responding supporting shifting the Queen's Birthday public holiday to the second half of the year.”— 2015-10-13View Hansard
Opposed the holiday changes as ideological, arguing the government's sole agenda is undoing LNP reforms and listening only to the union movement rather than the broader Queensland community.
“It does appear as though Labor does not want to change the voting system in the House, though of course it remains to be seen what will happen tonight.”— 2015-10-13View Hansard
Spoke in favour of restoring Labour Day to May, sharing the stories of women from Blackwater whose husbands had been affected by BHP's move to non-permanent workforces, as an example of why celebrating workers matters.
“Next May, when Labour Day is back to where it belongs, I will be marching for these women and I know that thousands of my friends and colleagues in the labour movement will be right there alongside me.”— 2015-10-13View Hansard
Opposed the holiday changes, citing submissions from CCIQ, the Catholic Education Commission, and the National Heavy Vehicle Regulator supporting national consistency, and arguing the change only benefits union bosses.
“This amendment has virtually no support outside the union movement.”— 2015-10-13View Hansard
Took a historical perspective, arguing that May Day and the eight-hour day are shared heritage of both liberals and the working class, tracing the political coalition from colonial Queensland that achieved democratic reforms.
“The eight-hour day that we celebrate in May—where it should be—is your victory as well and we should all honour it.”— 2015-10-13View Hansard
Opposed the bill, arguing that no other state celebrates Labour Day in May, that the June Queen's Birthday is the only winter holiday suited to Queensland's climate, and highlighting the impact on the Winternationals drag racing event at Ipswich.
“The only public holiday that has a decent climate for most of Queensland is the June holiday.”— 2015-10-13View Hansard
Supported the bill as restoring Labour Day to its rightful place for the 125th anniversary of the 1891 shearers' strike, noting the Barcaldine Regional Council mayor's support and her consultation with the Yeppoon Show Society.
“I am proud to support this bill because in 2016, the 125th anniversary of the shearers' strike, Labour Day will return to its rightful place in May.”— 2015-10-13View Hansard
Opposed the bill on grounds of national consistency and the negative impact on tourism in his electorate, noting that the October long weekend had provided extraordinary business for tourism operators on the Blackall Range.
“Last night I was on Bribie Island and I received the same feedback. October was the best season they have ever seen and they too want the opportunity to have Easter and Anzac Day in autumn, the Queen's Birthday weekend in June and Labour Day in October.”— 2015-10-13View Hansard
Supported the bill, arguing Labour Day had been consistently celebrated in May for 121 years and the LNP's move was spiteful and without consultation, calling the LNP 'right-wing reactionaries' rather than conservatives.
“Not even the Bjelke-Petersen government, during its long years of rule in Queensland, had the gall to move Labour Day from its historically significant date.”— 2015-10-13View Hansard
Supported the bill as delivering on an election commitment, arguing 80 per cent of the tourism sector supports the changes and that the 2015 election result was a community review endorsing the change.
“I note that 80 per cent of the tourism sector supports our changes. I note that shire councils support the restoration of Labour Day.”— 2015-10-13View Hansard
Supported the bill as overturning the ideological attacks of the Newman government, arguing the change was backed by consultative reviews and was a justified election promise.
“The argument from those opposite that this is ideological is spot on. It is ideological. It is what is right.”— 2015-10-13View Hansard
Opposed the holiday changes as payback to union bosses, arguing the LNP's approach of national alignment and even spread was common sense, and that Labor's agenda was ideological rather than best practice public policy.
“The Holidays and Other Legislation Amendment Bill 2015, like the Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 and the proposed Work Health and Safety and Other Legislation Amendment Bill 2015, are all legislative evidence of an ideological agenda.”— 2015-10-13View Hansard
Supported the bill, arguing the Newman government's change was arrogant and spiteful, and that the Palaszczuk government values workers and Queensland history.
“The stark difference is that we on this side of the House do value workers and their contribution to building Queensland or looking after Queensland.”— 2015-10-13View Hansard
Briefly stated his support for the bill.
“Labour Day is in May and that is where it should stay.”— 2015-10-13View Hansard
As former Queensland Council of Unions General Secretary, delivered a history of the labour movement in Queensland from 1865 and criticised the LNP's 'so what' attitude to over 100 years of May Day tradition.
“For hundreds of years workers have been proudly marching with their families alongside their unions and never have they been threatened to have May Day changed in this state.”— 2015-10-13View Hansard
Supported the bill, having represented the Premier at Labour Day celebrations in Barcaldine, and argued the change is good for both Western Queensland tourism and working people.
“In my speech to the good people of Barcaldine, I reinforced this government's commitment to restore the Labour Day holiday to its rightful place in May. The roar from the crowd was unbelievable.”— 2015-10-13View Hansard
Supported the bill, arguing the LNP's 2013 move illustrated their ideological obsession against the Labor movement and disdain for workers, and noting the Barcaldine Regional Council opposed moving Labour Day to October.
“This historically rich day celebrates the legacy of the working people of this state, a holiday which recognises the struggles and achievements of working people whom we on this side of the House actually like.”— 2015-10-13View Hansard
▸In Detail13 Oct 2015View Hansard
Changed the commencement date for the public holiday provisions from the originally specified 6 October 2015 to a date to be fixed by proclamation, as the original date had already passed before the bill could be debated.
▸1 clause vote (all passed)
Vote on clause 12
Vote on whether to retain clause 12, the central provision switching the Queen's Birthday to October and Labour Day to May, which the LNP sought to remove as the ideological heart of the bill.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
▸Show individual votesHide individual votes
Ayes (44)
Noes (42)
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards