No, you cannot include such a clause. To comply with Australian employment law and the Fair Work Act 2009 (Cth) employees may apply for and receive compensation for a change in their employment in certain circumstances.
If a company makes a “significant change” to an employee’s role, then this may be considered to be a repudiation of their current agreement. In these circumstances the employee is not necessarily required to accept the change. If you make a “significant change” to an employee’s agreement the employee may have grounds to argue that this was a breach of contract, that the agreement is terminated, and they may have grounds to argue that they are entitled to redundancy pay.
We appreciate your feedback! Request your free consultation now.