Project Co must not, without the State's consent (which must not be unreasonably withheld or delayed), vary, or purport or promise to vary, the terms or conditions of employment (including superannuation entitlements) of any Required Employee:
(a) (variation in 12 Months prior to Expiry Date): in the 12 months prior to the Final Expiry Date or, if the Expiry Date is not the Final Expiry Date, from the date that is the later of:
(i) 12 months prior to the Expiry Date; and
(ii) the date Project Co is notified of the Expiry Date,
unless:
(iii) it is in the ordinary course of business and, when aggregated with any other variation which takes effect during that period, represents a percentage increase in the remuneration of the Required Employee of no more than the percentage increase in the index referred to in section [##] of the Indexes Schedule over the 12 Month period ending on the Month for which that index was last published; or
(iv) it is a variation imposed by a determination of the Fair Work Commission or is otherwise a consequence of the operation of an enterprise agreement made under the Fair Work Act 2009 (Cth);
(b) (variation after Expiry Date): if all or part of the variation first takes effect after the Expiry Date;
(c) (variation relates to non-financial benefit): if the variation relates to the provision of a financial or non-financial benefit (but excluding base salary and the Required Employee's legal entitlements) which the Required Employee will or may have a contractual right to receive after the Expiry Date; or
(d) (variation restricts ability to work for Project Successor): the variation prevents, restricts or hinders the Required Employee from working for the State or a Project Successor after the Expiry Date in any capacity or from performing any duties which are the same as or similar to the duties the Required Employee performed in the course of their employment with Project Co, any Key Subcontractor or Significant Subcontractor.