Employment Relations Amendment Act 2014

52 Sections 69ZG and 69ZH replaced
  • Replace sections 69ZG and 69ZH with:

    69ZG Relationship between Part and employment agreements
    • (1) This Part does not prevent an employer from providing an employee with enhanced or additional entitlements to rest breaks and meal breaks (whether specified in an employment agreement or otherwise) on a basis agreed with the employee.

      (2) An employment agreement that excludes or reduces an employee's entitlement to rest breaks and meal breaks under section 69ZD(1) or (3) or 69ZE or to compensatory measures under section 69ZEA—

      • (a) has no effect to the extent that it does so; but

      • (b) is not an illegal contract under the Illegal Contracts Act 1970.

      (3) An employment agreement that restricts an employee's rest breaks or meal breaks otherwise than in accordance with section 69ZD(2)—

      • (a) has no effect to the extent that it does so; but

      • (b) is not an illegal contract under the Illegal Contracts Act 1970.

    69ZH Relationship between Part and other enactments
    • Where an employee is a person who is required to take rest breaks or meal breaks by, or under, an enactment other than this Part, the requirement for rest breaks or meal breaks defined by, or under, the other enactment applies instead of this Part.