8Person not to be required to work contrary to an award or industrial agreement

8 Person not to be required to work contrary to an award or industrial agreement

[Section 8 Subsection (1) amended by No. 110 of 1986, s. 7 ][Section 8 Subsection (1) amended by No. 112 of 1993, s. 8 ][Section 8 Subsection (1) amended by No. 76 of 1994, s. 8 ][Section 8 Subsection (2) amended by No. 110 of 1986, s. 7 ][Section 8 Subsection (3) inserted by No. 110 of 1986, s. 7 ][Section 8 Subsection (4) inserted by No. 110 of 1986, s. 7 ][Section 8 Subsection (4) amended by No. 113 of 1987, s. 5 and Sched. 1 ][Section 8 Substituted by No. 1 of 2002, s. 5, Applied:01 Dec 2002]

(1)  A person, whether an employer or not, must not require or attempt to persuade another person to work as an employee in a shop contrary to an award or industrial agreement that is applicable to that other person.

Penalty:  Fine not exceeding 200 penalty units.

(2)  [Section 8 Subsection (2) amended by No. 21 of 2018, s. 10, Applied:15 Oct 2018] [Section 8 Subsection (2) amended by No. 45 of 2011, s. 20, Applied:07 Dec 2011] A person, whether an employer or not, must not require a prescribed person to work as an employee in a shop to which section 5 applies –

(a) on a statutory holiday which is observed in the locality in which the shop is situated; or

(b) on a Sunday –

unless the employee agrees, in writing, to work on that statutory holiday or Sunday.

Penalty:  Fine not exceeding 200 penalty units.

(3)  In subsection (2) ,

prescribed person means a person employed, at the commencement of this section, as an employee in the shop referred to in that subsection.

(4)  If a body corporate contravenes this section, each person who is a director of the body corporate or who is concerned in the management of the body corporate is taken to have contravened this section if the person knowingly authorised or permitted the contravention.

(5)  A person may be proceeded against and convicted under this section in accordance with whether or not the body corporate has been proceeded against or convicted.