Queensland Consolidated Acts

TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 36A

36A Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2002

(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.

Penalty—

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.

"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 2016 .

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

"permissible trading hours" means the permissible trading hours under—

(a) while the trading hours order was in effect—the order; or

(b) from the commencement of the Trading (Allowable Hours) Amendment Act 2017 †” section 16B .

"south-east Queensland area" has the meaning given by section 31B as it was in force on 1 August 2002.

"trading hours order" has the meaning given by section 31B as in force from time to time before its repeal.