What is a “day”? On call allowance payments

By Chelsea Beckman, Senior Workforce Advisor, Legal and Workforce 

On 29 May 2026, the Queensland Industrial Relations Commission (QIRC) clarified how “per day” should be interpreted for on-call allowances in Queensland Services.

A Southeast Queensland council employee was on call from Tuesday evening to the following Tuesday morning (spanning eight calendar days). The council paid 7 allowances (one per rostered shift), while the Union argued for 8 payments (one per calendar day). 

The QIRC ruled in favour of the council, finding that: 

• “Per day” refers to each rostered on-call period within a 24-hour timeframe, not calendar days.
• Employees do not receive multiple payments if a shift crosses midnight (e.g. 6pm – 6am = one payment). 

The QIRC found the term “day” to be ambiguous and interpreted it in light of the clause’s purpose, which is to compensate employees for the inconvenience and restrictions associated with being on call. The Commission emphasised that this burden is tied to the rostered on-call period, not the crossing of midnight, meaning overnight shifts attract a single payment. It also considered the structure of the clause, operational practicality, and established industry practice, noting that most councils apply allowances per rostered shift. As a result, the decision supports the common approach of paying one allowance per on-call shift and reduces the risk of additional claims where shifts span multiple calendar days. Councils should nonetheless review their agreement wording and ensure it clearly reflects their intended approach to avoid future ambiguity. 

If you require advice about how on-call allowance provisions apply to your council, specific to your Certified Agreement and/or to the applicable award, please contact the Peak Legal and Workforce team on 07 3000 2148 or at peaklegal@peakservices.com.au 

To read this article in full please visit https://hrassist.com.au/articles/88.