Can my employment agreement be varied?
It may be necessary to vary some terms and conditions of employment, such as hours of work, overtime etc. If this is the case then it will have to be done in accordance with the variation provisions of the agreement. Individual union members should not agree to individual variations, particularly if those variations are intended to reduce terms and conditions of employment. It is likely that such individual variations would be unlawful anyway in that they would not comply with Section 61 of the Employment Relations Act. There may be other provisions in collective agreements that are relevant such as hours of work clauses which provide employers with discretionary powers to fix hours of work, or leave provisions which may provide for annual (or more regular) shutdowns.