Variation of terms and conditions—re‑transferred employees
33 Variation of terms and conditions—re‑transferred employees
This Part does not prevent the terms and conditions of a re‑transferred employee’s employment after the employee’s re‑transfer time from being varied:
in accordance with those terms and conditions; or
by or under a law, determination or industrial instrument.
In this section:
industrial instrument means any of the following instruments within the meaning given by the Workplace Relations Act 1996:
a workplace agreement;
an award or a variation or order affecting an award;
a transitional award or a variation or order affecting a transitional award;
a pre‑reform AWA;
a pre‑reform certified agreement;
an AWA.
vary, in relation to terms and conditions, includes:
omitting any of those terms and conditions; or
adding to those terms and conditions; or
substituting new terms or conditions for any of those terms and conditions.
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