(1) This Act has effect notwithstanding any employment agreement that confers on the employee rights that are not as advantageous to the employee as the rights conferred on an employee by this Act.
(2) An employer shall not do any act or thing for the purpose of, or that has the effect of, in any way:
(a) avoiding or evading an obligation imposed on the employer by this Act; or
(b) defeating, evading, avoiding or preventing the operation of this Act.