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 both parties' genuine needs. The agreement must be genuinely made without coercion or duress, only after employment starts, and leave the employee better off overall at the time. An employer initiating one must give a written proposal and take reasonable steps, including translation, where the employee may have limited understanding of written English. It must name the parties, identify the terms varied and how, explain how the employee is better off overall, state its start date, be in writing and signed by both (and a parent or guardian for an employee under 18), and need no other approval. The employer must keep it as a time and wages record and give the employee a copy. It ends by written agreement or 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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