Queensland Consolidated Acts

TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 36AA

36AA Protection for employees—Liquor and Other Legislation Amendment Act 2017

(1) An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours.

Penalty—

Maximum penalty—

(a) for a first offence—16 penalty units; or

(b) for a second or later offence—20 penalty units.

(2) However, subsection (1) does not apply in relation to an employee if an industrial instrument provides arrangements under which the employee may refuse or agree to work during extended hours.

(3) For subsection (1) , an employee has not freely elected to work during extended hours—

(a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or

(b) only because the employee is rostered, or required under an industrial instrument, to work during those hours.

(4) In this section—

"elect" means agree in writing for a stated or indefinite period.

"employer" means an employer of an employee in a non-exempt shop in the south-east Queensland area.

"extended hours" means the permitted trading hours under this Act on Easter Sunday for a non-exempt shop in the south-east Queensland area.

"industrial instrument" means any of the following within the meaning of the Industrial Relations Act 2016 —

(a) a modern award, bargaining award or certified agreement;

(b) a federal industrial instrument.