Queensland Consolidated Acts

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TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 36A

36A Protection for current employees

(1) An employer must not require a current employee to work during extended hours unless the employee agrees, in writing, to work during extended hours.

Maximum penalty—

(a) for a first offence—16 penalty units; or
(b) for a second or subsequent offence—20 penalty units.

(2) However, subsection (1) does not apply in relation to a current employee if—

(a) an industrial instrument provides arrangements under which the employee may refuse or agree to work during extended hours; and
(b) a regulation prescribes the industrial instrument as an approved industrial instrument for this subsection.

(3) In this section—

agree means agree for a stated period or for an indefinite period.

closed day see section 31B(8).

current employee means an employee who is employed in a non-exempt shop immediately before 1 August 2002, other than in a non-exempt shop for which the permissible trading hours immediately before 1 August 2002 include trading hours on a Sunday or public holiday, other than a closed day.

employer means an employer of an employee employed in a non-exempt shop.

extended hours means the permissible trading hours on a Sunday or public holiday, other than a closed day.

industrial instrument means an award or certified agreement within the meaning of the Industrial Relations Act 1999.

non-exempt shop means a non-exempt shop in the south-east Queensland area.

permissible trading hours see section 31B(8).

south-east Queensland area see section 31B(8).



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