RETAIL LEASES ACT 1994 - SECT 37 Employment restriction
RETAIL LEASES ACT 1994 - SECT 37
Employment restriction37 Employment restriction
A retail shop lease must not contain any provision which limits or has the effect of limiting the lessee's right to employ persons of the lessee's own choosing, but this section does not prevent the lease containing any one or more of the following provisions--
(a) a provision specifying minimum standards of competence and behaviour for persons employed in the shop or other persons (such as contractors) doing work in the shop,
(a1) a provision specifying requirements in the nature of police and security checks and clearances for persons employed in the shop or other persons (such as contractors) doing work in the shop, but only if the provision is included in the lease with the approval in writing of the Registrar given in a particular case,
(b) a provision prohibiting work from being carried out on specified items of the lessor's property,
(c) a provision requiring the lessee to comply with the requirements of any industrial award, industrial agreement or enterprise agreement (such as a construction site agreement) affecting any retail shopping centre in which the shop is situated.