33Variation of terms and conditions—re‑transferred employees

33 Variation of terms and conditions—re‑transferred employees

(1) 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: (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.