Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 1093

1093 Declaration about sick leave being exclusive of public holidays

(1) To remove any doubt, it is declared that sick leave under section 40 is, and always has been, exclusive of a public holiday that falls during the leave.

(2) Section 40, as in force from the commencement, and subsection (1) do not affect an existing industrial instrument, or a replacement industrial instrument, to the extent the instrument provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.

(3) An
"existing industrial instrument" is an industrial instrument—

(a) in effect before the commencement; and

(b) that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.

(4) A
"replacement industrial instrument" , in relation to an existing industrial instrument, is an industrial instrument—

(a) made after the commencement; and

(b) that covers the same, or substantially the same, employees as the existing industrial instrument; and

(c) that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee to be the same, or substantially the same, as under the existing industrial instrument.