An employer and an individual employee may agree to vary how the award applies to when work is performed, overtime rates, penalty rates, allowances and annual leave loading, to meet the genuine needs of both. The agreement must be genuinely made without coercion or duress, only after employment has started, and leave the employee better off overall at the time it is made. An employer initiating one must give a written proposal and, where it knows or should know the employee has limited understanding of written English, take reasonable steps including a translation. The agreement must name the parties, identify the award terms varied and how, explain how the employee is better off overall, state the start date, be in writing and signed by both (and by a parent or guardian if the employee is under 18), and need no one else's approval. The employer must keep it as a time and wages record and give the employee a copy. It may be ended by written agreement at any time or by 13 weeks' written notice (4 weeks for agreements made before the first full pay period on or after 4 December 2013).
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