sec.36AAProtection for employees— Liquor and Other Legislation Amendment Act 2017

### sec.36AA Protection for employees— Liquor and Other Legislation Amendment Act 2017 An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or later offence—20 penalty units. For subsection (1) , an employee has not freely elected to work during extended hours— 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 only because the employee is rostered, or required under an industrial instrument, to work during those hours. 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. south-east Queensland area means the south-east Queensland area within the meaning of section 16A , as it was in force immediately before the commencement of the Trading (Allowable Hours) and Other Legislation Amendment Act 2022 . s 36AA ins 2017 No. 5 s 33 amd 2017 No. 26 s 27A ; 2022 No. 17 s 23 (sec.36AA-ssec.1) An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or later offence—20 penalty units. (sec.36AA-ssec.2) For subsection (1) , an employee has not freely elected to work during extended hours— 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 only because the employee is rostered, or required under an industrial instrument, to work during those hours. (sec.36AA-ssec.3) 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. south-east Queensland area means the south-east Queensland area within the meaning of section 16A , as it was in force immediately before the commencement of the Trading (Allowable Hours) and Other Legislation Amendment Act 2022 . - (a) for a first offence—16 penalty units; or - (b) for a second or later offence—20 penalty units. - (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.