(1) For the purposes of sections 31 to 35, the employer may have only 1 closedown period in any 12-month period.
(2) However, subsection (1) does not prevent an employer and employee from agreeing—
(a) that the employer may close his or her operations and discontinue the work of the employee at other times; and
(b) on the arrangements that will apply during those times.
(3) If subsection (2) applies, sections 32 to 35 do not apply.