(1) If it would be a
contravention of a provision of this Act for a person
(the "employer") to employ another person in child-related employment, the
employer is to comply with the provision despite another Act or law or any
industrial award, order or agreement.
(2) The employer does
not commit an offence or incur any liability because, in complying with the
provision, the employer does not start or continue to employ the person in
child-related employment.
(3) Nothing in this
section operates to affect a person’s right to seek or obtain a remedy
under the Industrial Relations Act 1979 unless —
(a) the
remedy is for the dismissal of the person by the employer;
(b) the
reason the employer dismissed the person was to comply with this Act; and
(c) the
grounds on which the person seeks the remedy relate to the fact that the
person was dismissed for that reason.