CODE 2, VOL 35, NO 1 : 11 January 2021
CLARIFICATION OF PUBLIC HOLIDAY ENTITLEMENTS
Happy New Year.
It would not be the Christmas and New Year period without some confusion regarding what members are entitled to claim on the many public holidays across the period.
As a reminder, the relevant public holidays were –
Christmas Eve – 1800 to 2400 (part-day public holiday) Thursday, 24 December 2020
Friday, 25 December 2020
Saturday, 26 December 2020
28 December (Boxing Day Additional Public Holiday) Monday, 28 December 2020
New Year’s Day Friday, 1 January 2021
As you would know, in accordance the Queensland Fire and Emergency Service Employees Award – State 2016 (the Award), if you are a continuous shift worker, on these dates you are entitled to the relevant public holiday penalty rates for any hours worked or an additional 8 hours’ pay (if rostered off duty, or on annual leave or long service leave).
For continuous shift workers, the Award also prescribes that –
1. In the case of a part-day public holiday (such as Christmas Eve), the entitlement to an additional 8 hours' pay shall be proportionate to the number of hours out of the full day (24 hours) that has been gazetted as the public holiday.
In the case of Christmas Eve, one quarter (6 hours) of the day is gazetted as a public holiday so the proportionate entitlement is an additional 2 hours’ pay. Therefore, if you were rostered off duty, or on annual leave or long service leave between the hours of 1800 and 2400 on 24 December 2020, you are entitled to claim an additional 2 hours’ pay.
2. If you perform less than 8 hours of rostered work on a public holiday, you shall receive an additional payment equal to the difference between the number of hours worked on the public holiday and 8 hours, at the rate of single time.
For example, if you worked a night shift that fell on one of the dates listed above, you may have only worked 6 hours on that day (particularly if it was your first night shift that commenced on the relevant date). In this case, you would therefore be entitled to claim an additional 2 hours’ pay (at single time) as that is equal to the difference between the number of hours worked on the public holiday (6 hours) and 8 hours.
The UFUQ has had contact from members who have made claims in accordance with 2. above that have been rejected by some Fire and Rescue Senior Officers. These Senior Officers are misinformed. You are entitled to make these claims.
John Oliver - General Secretary
Authorised by John Oliver General Secretary
United Firefighters' Union of Australia, Union of Employees QLD