Definitions and interpretation [Varied by , , , ] In this award, unless the contrary intention appears: [Definition of Act substituted by from 01Jan10] Act means the Fair Work Act 2009 (Cth) [Definition of agreement-based transitional instrument inserted by from 01Jan10] agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) [Definition of award-based transitional instrument inserted by from 01Jan10] award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) [Definition of Commission deleted by from 01Jan10] daily rate means the employee’s minimum annual salary for the class of work performed divided by 260 [Definition of default fund employee inserted by ppc 01Jan14] default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth) [Definition of defined benefit member inserted by ppc 01Jan14] defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth) [Definition of Division 2B State award inserted by ppc 01Jan11] Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) [Definition of Division 2B State employment agreement inserted by ppc 01Jan11] Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) doctor in training means an Intern, Resident Medical Practitioner, Registrar or Senior Registrar [Definition of employee substituted by , from 01Jan10] employee means national system employee within the meaning of the Act [Definition of employer substituted by , from 01Jan10] employer means national system employer within the meaning of the Act
Except as provided in clause 7.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee. The employer must keep the agreement as a time and wages record and give a copy to the employee. The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement. An agreement may be terminated: at any time, by written agreement between the employer and the employee; or by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013). Note: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in s.144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see s.145 of the ). An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause. The right to make an agreement under clause 7 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee. and Dispute Resolution Consultation about major workplace change [8—Consultation regarding major workplace change renamed and substituted by , 8—Consultation renamed and substituted by ppc 01Nov18] If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must: give notice of the changes to all employees who may be affected by them and their representatives (if any); and discuss with affected employees and their representatives (if any): the introduction of the changes; and their likely effect on employees; and measures to avoid or reduce the adverse effects of the changes on employees; and commence discussions as soon as practicable after a definite decision has been made.