Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 26

26 Deciding whether additional hours are reasonable

In deciding whether additional hours are reasonable or not reasonable, the following matters must be taken into account—

(a) any risk to the employee’s health and safety from working the additional hours;

(b) the employee’s personal circumstances, including family responsibilities;

(c) the needs of the workplace in which the employee is employed;

(d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

(e) any notice given by the employer of any request or requirement to work the additional hours;

(f) any notice given by the employee of the employee’s intention to refuse to work the additional hours;

(g) the usual patterns of work in the calling in which the employee works;

(h) the nature of the employee’s role, and the employee’s level of responsibility;

(i) whether the additional hours are in accordance with averaging terms included under section 24 in an applicable industrial instrument that applies to the employee, or with an averaging arrangement agreed to by the employer and employee under section 25 ;

(j) any other relevant matter.