Queensland Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1999 - SECT 9

9 Working time for an employee under an industrial instrument made on or before 1 September 2005 etc.

(1) This section applies to an employee under an industrial instrument, other than a certified agreement if the application to certify the agreement was made after 1 September 2005.

(2) The periods for which an employee is required to work must not exceed--

(a) 6 days in any 7 consecutive days; or
(b) 40 hours in any 6 consecutive days; or
(c) 8 hours in any day.

(3) An employee must be paid overtime at the rate of at least--

(a) for a calling in which more than 1 shift is worked in a day--double time; and
(b) for another calling--time and a half.

(4) If an employee is paid at a higher rate than the minimum rate prescribed in the industrial instrument, the overtime rate must be worked out on the higher rate.

(5) If practicable, an employee is entitled to a rest pause of at least 10 minutes in each 4 hours of working time on a day.

(6) The rest pause--

(a) is part of the employee's working time; and
(b) if continuity of work is necessary--must be taken when it does not interfere with continuity.

(7) This section does not apply if an industrial instrument provides otherwise.

(8) In this section--

overtime means time worked--

(a) outside any of the periods mentioned in subsection (2); or
(b) before or after the fixed or recognised times of starting or finishing work on a day in a calling.


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