Whether salary increases made pursuant to a review clause in an employment contract constitute 'variations of a condition' of the agreement for the purposes of s 43(1)(c) of the Corporations Amendment (Improving Accountability on Termination Payments) Act 2009 (Cth) is a question involving plausible contentions requiring investigation and cannot be resolved summarily on an application to set aside a statutory demand. The question whether a review clause comprehends a unilateral power to increase salary or requires consensual change remains unresolved. A dispute about the applicability of the prohibition on termination payments is not 'manufactured' merely because the company's solicitors previously advised that no shareholder approval was required.
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