QH agrees LSL and ADOs cannot be deducted on public holidays

Published: 05 September2017

Following the QNMU filing an application in the Queensland Industrial Relations Commission (QIRC), Queensland Health (QH) has formally agreed that Long Service Leave (LSL) and Accrued Days Off (ADOs) may not be deducted on public holidays.

A memo will be sent to all Hospital and Health Services (HHSs) advising them that they must not deduct these forms of leave on any public holidays.  

The QNMU will now work with QH to have this leave recredited to the leave accounts of QNMU members if it has been improperly deducted over the past six years.

If you believe you have had LSL or ADOs incorrectly deducted on a public holiday, please follow these instructions:

  1. Click here to see a list of public holidays (2011 – 2017)
  2. Go to Streamline and check your payslips for those public holiday dates
  3. If you have LSL or ADO deducted on any of those dates, send a copy of the payslips for those days to publichols@qnmu.org.au

Annual leave and TOIL

The QNMU had originally sought a declaration that annual leave, ADOs, LSL and time off in lieu (TOIL) cannot be deducted from leave balances on any public holidays.

While QH has agreed with our position on LSL and ADOs, it will continue to argue that its current interpretation of the Nurses and Midwives (Queensland Health) Award – State 2015 with respect to annual leave and TOIL is correct and can lawfully be deducted on public holidays.

The QNMU application will therefore now focus on the incorrect deduction of annual leave and TOIL.  

QH files procedural objections

Following the QNMU’s application, QH filed an application in the QIRC seeking that the matter be heard by a full bench of the commission, rather than a single commissioner. As a result the matter has been referred to a full bench.
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QH also raised other procedural objections to the application, which has caused delays in the case being set down for hearing.  

What’s next?

This application is the first step in the legal process to finally clarify the correct interpretation of annual leave, TOIL and public holidays.

If we are successful in arguing that annual leave and TOIL can never be deducted on public holidays, the next step will be to claim back incorrectly deducted leave. This will apply to current and former employees of QH.

It is not known how long it will take for the QIRC to come to a decision. The QNMU will keep members up to date with developments on this issue.