WORKPLACE RELATIONS ACT 1996 - SECT 367 Varying a workplace agreement

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 367

             (1)  The following persons may make a variation, in writing, to a workplace agreement that is in operation:

                     (a)  in the case of an ITEA--the employer and the employee;

                     (b)  in the case of an employee collective agreement or an employer greenfields agreement--the employer and the persons whose employment will, or would but for the operation of an ITEA that has passed its nominal expiry date, be subject to the agreement as varied;

                     (c)  in the case of a union collective agreement or a union greenfields agreement--the employer and the one or more organisations of employees that are bound by the agreement.

Example:    A workplace agreement may be varied to provide additional pay.

             (2)  A workplace agreement cannot be varied except in accordance with:

                     (a)  this Division; or

                    (aa)  section 346N or 346W (which deal with agreements that do not pass the no‑disadvantage test); or

                     (b)  section 363 (which deals with prohibited content); or

                     (c)  section 831 (which deals with discriminatory agreements); or

                     (d)  an order of the Court under section 410.

Note:          Subsection (2) would not apply where the obligations under the agreement can change because of the terms of the agreement itself.