Varying Agreements


(c) ignore sections 190 and 191 (which deal with the authorisation of company agreements with undertakings). Company agreements can vary in 2 ways with the agreement of the Fair Work Commission: there are many case reports in which the facts of the case tell a sad story of the parties agreeing on conditions to modify their agreements and ending in dispute over the different interpretations of the terms of the agreement that should resolve their difficulties. For example, some issues may be resolved if the rights of the parties were to be respected, if the claims that were to be settled could remain open and unresolved, and if adaptations to contractual arrangements could have unintended effects. At this point, the temptation is to agree on trade agreements and informal treaty changes, but such informality often leads to considerable commercial and contractual uncertainty, with significant risk for both parties. . . .

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