Our FAQ
What long service leave rules apply in Queensland?
Queensland long service leave is governed by the Industrial Relations Act 2016. Employees are entitled to 8.667 weeks of paid leave after 10 years of continuous service with the same employer, with a further 4.333 weeks accruing for every five years after that. Pro-rata long service leave can apply from seven years, but only in limited circumstances. If the employee is terminated for reasons other than serious misconduct, or leaves due to illness, incapacity or pressing domestic necessity, a pro-rata payout is generally required. An employee who simply resigns to take another job after seven or eight years usually does not qualify. This is one of the most commonly misunderstood rules in Queensland employment law. If you're unsure whether pro-rata applies in your situation, we can help you work it out.
What should Queensland employers do before terminating an employee?
You need a valid reason, whether that's genuine redundancy, serious misconduct, or documented underperformance supported by a fair process. Procedural fairness means telling the employee the reason for the proposed termination, giving them a chance to respond, and allowing a support person. You also need to calculate the correct notice period under the relevant modern award and account for all accrued entitlements, including any long service leave that may be payable on a pro-rata basis from seven years. Small business employers have a separate unfair dismissal code with its own checklist. We help Queensland employers work through the right steps before acting.
How do Queensland employers work out which award applies?
Award coverage depends on the work an employee actually performs, not their job title or what their contract says. Many Queensland businesses employ people across multiple awards because they have different types of roles operating under the same roof. Each award carries its own classification structure, pay rates, penalty calculations and entitlements, and applying the wrong one is a common cause of underpayment claims and Fair Work audit activity. If you're operating across several awards or unsure which one covers a particular role, we can help you match duties to the correct classification.
What are the Christmas Eve public holiday rules in Queensland?
Queensland is the only state with a part-day public holiday on Christmas Eve. From 6pm to midnight on 24 December, Christmas Eve is treated as a public holiday under the Holidays Act 1983. Employees who work during that window are generally entitled to public holiday penalty rates under their relevant award. The rate varies by award and employment type, but it can catch employers off guard if they roster staff across the 6pm threshold without accounting for the change. If you have employees working on Christmas Eve, it's worth confirming your penalty rate obligations before finalising rosters.
Can a Queensland employer dismiss someone for misconduct without warnings?
Summary dismissal, meaning termination without notice, is only available for serious misconduct such as theft, fraud, assault or a serious safety breach. The conduct must be severe enough to fundamentally undermine the employment relationship. Even then, you still need to investigate, put the allegation to the employee, give them a chance to respond, and document the process. If the misconduct doesn't meet the serious misconduct threshold, you'll need to follow a formal warnings process before termination becomes an option. We can help you assess whether summary dismissal is justified in your situation.
What happens if Workplace Health and Safety Queensland issues an improvement notice?
An improvement notice means WHSQ has identified a contravention of the Work Health and Safety Act 2011 and is requiring you to fix it within a set timeframe. Failing to comply can lead to prohibition notices, on-the-spot fines or prosecution. Queensland's industrial manslaughter provisions carry penalties of up to $10 million for businesses and up to 20 years' imprisonment for senior officers. Since 2024, employers can no longer use insurance to cover WHS penalties in Queensland. If you've received a notice or have an inspection coming up, we can help you understand what's required and how to respond.
How do regional show holidays work for Queensland employers?
Queensland does not have a single statewide show holiday. Instead, each local government area declares its own show day to coincide with the local agricultural show. The Royal Queensland Show (Ekka) holiday applies to the Brisbane area, but nearby councils like Ipswich and Toowoomba have their own separate dates. Employees who work on their applicable show day are entitled to public holiday penalty rates under their award. Because the dates and coverage areas vary, employers with staff across multiple council areas need to check which show day applies to each location. If you're unsure which dates affect your business, we can help you confirm the correct entitlements.
