sec.36BAProtection for employees—other extended hours

### sec.36BA Protection for employees—other extended hours This section applies if— the core trading hours under this Act for a non-exempt shop are increased because— an amendment of this Act commences; or a trading area order takes effect; or a shop becomes an exempt shop because a special event declaration takes effect. An employer of an employee employed in the shop must not require the 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 (2) , 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— allowable trading hours means the shop’s core trading hours under part 4 , division 2 , subdivision 2 and, if relevant, the shop’s extended trading hours under part 4 , division 2 , subdivision 3 . elect means agree in writing for a stated or indefinite period. extended hours means— for a non-exempt shop mentioned in subsection (1) (a) —the core trading hours under this Act for the shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s core trading hours immediately before— the commencement of the amendment mentioned in subsection (1) (a) (i) ; or the trading area order mentioned in subsection (1) (a) (ii) taking effect; or for a shop mentioned in subsection (1) (b) —the trading hours for the shop during the period of the special event stated in the special event declaration, but only to the extent the hours are greater than what the shop’s allowable trading hours would be if the declaration had not taken effect. s 36BA ins 2022 No. 17 s 25 (sec.36BA-ssec.1) This section applies if— the core trading hours under this Act for a non-exempt shop are increased because— an amendment of this Act commences; or a trading area order takes effect; or a shop becomes an exempt shop because a special event declaration takes effect. (sec.36BA-ssec.2) An employer of an employee employed in the shop must not require the 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.36BA-ssec.3) For subsection (2) , 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.36BA-ssec.4) In this section— allowable trading hours means the shop’s core trading hours under part 4 , division 2 , subdivision 2 and, if relevant, the shop’s extended trading hours under part 4 , division 2 , subdivision 3 . elect means agree in writing for a stated or indefinite period. extended hours means— for a non-exempt shop mentioned in subsection (1) (a) —the core trading hours under this Act for the shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s core trading hours immediately before— the commencement of the amendment mentioned in subsection (1) (a) (i) ; or the trading area order mentioned in subsection (1) (a) (ii) taking effect; or for a shop mentioned in subsection (1) (b) —the trading hours for the shop during the period of the special event stated in the special event declaration, but only to the extent the hours are greater than what the shop’s allowable trading hours would be if the declaration had not taken effect. - (a) the core trading hours under this Act for a non-exempt shop are increased because— (i) an amendment of this Act commences; or (ii) a trading area order takes effect; or - (i) an amendment of this Act commences; or - (ii) a trading area order takes effect; or - (b) a shop becomes an exempt shop because a special event declaration takes effect. - (i) an amendment of this Act commences; or - (ii) a trading area order takes effect; or - (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. - (a) for a non-exempt shop mentioned in subsection (1) (a) —the core trading hours under this Act for the shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s core trading hours immediately before— (i) the commencement of the amendment mentioned in subsection (1) (a) (i) ; or (ii) the trading area order mentioned in subsection (1) (a) (ii) taking effect; or - (i) the commencement of the amendment mentioned in subsection (1) (a) (i) ; or - (ii) the trading area order mentioned in subsection (1) (a) (ii) taking effect; or - (b) for a shop mentioned in subsection (1) (b) —the trading hours for the shop during the period of the special event stated in the special event declaration, but only to the extent the hours are greater than what the shop’s allowable trading hours would be if the declaration had not taken effect. - (i) the commencement of the amendment mentioned in subsection (1) (a) (i) ; or - (ii) the trading area order mentioned in subsection (1) (a) (ii) taking effect; or