Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_102
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 102
Character Range: 307204–308242

102  Varying a workplace agreement

 (1) The following persons may make a variation, in writing, to a workplace agreement that is in operation:
 (a) in the case of an AWA—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 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
 (b) section 101K (which deals with prohibited content); or
 (c) section 352A (which deals with discriminatory agreements); or
 (d) an order of the Court under section 105G.

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