Employment Relations Amendment Bill

  • enacted
37 Section 69ZH replaced (Relationship between Part and other enactments)

Replace section 69ZH with:

69ZH Relationship between this Part and other enactments

(1)

If an employee is provided with, or entitled to, rest breaks or meal breaks under an enactment other than this Part,—

(a)

this Part prevails if the breaks provided under this Part are additional or enhanced breaks:

(b)

the other enactment prevails if the breaks provided under the other enactment are additional or enhanced breaks.

(2)

If an employee is required to take a rest break by, or under, an enactment other than this Part, the requirement for a rest break defined by, or under, the other enactment applies instead of the provisions or entitlements for rest breaks or meal breaks provided under this Part.

(3)

However, if subsection (2) applies, the employee’s employer must provide the employee with—

(a)

at least the same number of breaks as provided under this Part; and

(b)

breaks of at least the same duration as the breaks provided under this Part.