Answer:
An employment contract can be varied by discussion between the parties. An issue usually occurs where the duties or the role of the employee significantly changes, for example, if the employee is being demoted or their status within the company is being affected. In this situation, as an employer, you need to be careful not to repudiate the contract through your actions and change the contract in that way. The best outcome is where an agreement to vary the contract can be made, however, you should seek legal advice if you are thinking of changing someone’s roles significantly to be sure you do not breach the Fair Work Act 2009 (Cth).
