When Can a CA Be Varied?
The provisions in a certified CA which is still in force may be set aside or changed in the following circumstances:
- to remove ambiguity or uncertainty;
- to conform with the terms of a Court award made after the commencement of the CA; or
- where both parties agree to the change.
This section deals with applications for variation submitted jointly by the employer and the union. If you are seeking to make the variation without the agreement of the other party, your application will be dealt with as a dispute.