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HEALTH INSURANCE COMMISSION (REFORM AND SEPARATION OF FUNCTIONS) ACT 1997 - SECT 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.



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