Queensland Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1999 - SECT 9

9 Working time for an employee under an industrial instrument made on or before 1 September 2005 etc.

(1) This section applies to an employee under an industrial instrument, other than a certified agreement if the application to certify the agreement was made after 1 September 2005.

(2) The periods for which an employee is required to work must not exceed—

(a) 6 days in any 7 consecutive days; or
(b) 40 hours in any 6 consecutive days; or
(c) 8 hours in any day.

(3) An employee must be paid overtime at the rate of at least—

(a) for a calling in which more than 1 shift is worked in a day—double time; and
(b) for another calling—time and a half.

(4) If an employee is paid at a higher rate than the minimum rate prescribed in the industrial instrument, the overtime rate must be worked out on the higher rate.

(5) If practicable, an employee is entitled to a rest pause of at least 10 minutes in each 4 hours of working time on a day.

(6) The rest pause—

(a) is part of the employee's working time; and
(b) if continuity of work is necessary—must be taken when it does not interfere with continuity.

(7) This section does not apply if an industrial instrument provides otherwise.

(8) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.

(9) In this section—

overtime means time worked—

(a) outside any of the periods mentioned in subsection (2); or
(b) before or after the fixed or recognised times of starting or finishing work on a day in a calling.


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