Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to an employee under any of the following instruments, unless the instrument provides otherwise--
(a) an industrial instrument made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005;
(b) a federal award made or varied after 1 September 2005;
(c) a federal agreement made, varied or approved after 1 September 2005, other than a federal agreement if the application to certify the agreement was made on or before 1 September 2005.
(2) The periods for which the employee is required to work must not exceed--
(a) 6 days in any 7 consecutive days; or
(b) 38 hours in any 6 consecutive days; or
(c) 7.6 hours in any day.
(3) The 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 the employee is paid at a higher rate than the minimum rate provided for in the relevant instrument mentioned in subsection (1), the overtime rate must be worked out on the higher rate.
(5) If practicable, the 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) If the employee is required to work for more than 5 hours, the employee is entitled to an unpaid meal break of at least 30 minutes after the end of the fourth hour of work and before the start of the sixth hour of work.
(8) If the employee is required to work in a way that is contrary to subsection (7), the employee is entitled to be paid at a rate that is double the rate the employee would have been entitled to for the 30 minutes of work.
(9) If the employee performs shift work, the employee must be paid as follows--
(a) for ordinary time worked on Monday, Tuesday, Wednesday, Thursday or Friday--
(i) for afternoon shift work--at least 12.5% more than the ordinary rate applicable to the employee; or
(ii) for night shift work--at least 15% more than the ordinary rate applicable to the employee;
(b) for ordinary time worked on Saturday--at least 25% more than the ordinary rate applicable to the employee;
(c) for ordinary time worked on Sunday--at least 50% more than the ordinary rate applicable to the employee.
(10) If the employee's ordinary time includes working between midnight Friday and midnight Sunday, other than as part of performing shift work, the employee is entitled to be paid the following--
(a) for ordinary time worked between midnight Friday and midnight Saturday--at least 25% more than the ordinary rate applicable to the employee;
(b) for ordinary time worked between midnight Saturday and midnight Sunday--at least 50% more than the ordinary rate applicable to the employee.
(11) Without limiting the application of this section to a casual employee, if the employee is a casual employee, the employee is entitled to be paid the following--
(a) for time other than overtime--an ordinary rate that is at least 123% of the ordinary rate for a permanent employee for the work performed, worked out on an hourly basis;
(b) for overtime--at least at the relevant overtime rate specified in subsection (3) worked out on the ordinary rate for the casual employee as specified in paragraph (a).
(12) In this section--
afternoon shift work means all work performed as part of a shift that finishes after 6.00p.m. and at or before midnight, if the majority of hours for the shift are between 6.00p.m. and midnight.
night shift work means all work performed as part of either of the following--
(a) a shift finishing after midnight and at or before 8.00a.m.;
(b) a shift if the majority of hours for the shift are between midnight and 8.00a.m.
overtime means time worked--
(a) outside any period 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.
shift work means a system in which employees perform ordinary hours of work in separate shifts.