52Employment restriction

52 Employment restriction (1) A provision in a retail shop lease is void to the extent that it limits or has the effect of limiting the tenant's right to employ persons of the tenant's own choosing. (2) Subsection (1) does not prevent the lease containing 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; (b) a provision prohibiting work from being carried out on specified items of the landlord's property;

Business Tenancies (Fair Dealings) Act 2003 41 (c) a provision requiring the tenant to comply with the requirements of an industrial award, industrial agreement or enterprise agreement (such as a construction site agreement) affecting a retail shopping centre in which the shop is situated.