Document ID: chunk:federal_register_of_legislation:C2023C00374:section:26
Version: federal_register_of_legislation:C2023C00374
Segment Type: section
Provision Reference: s 26
Character Range: 24236–25186

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