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(a) the employee is covered by a modern award that is in operation; and (b) the undertaking is an undertaking in writing to pay the employee an amount of earnings in relation to the performance of work during a period of 12 months or more; and (c) the employee agrees to accept the undertaking, and agrees with the amount of the earnings; and (d) the undertaking and the employee's agreement are given before the start of the period, and within 14 days after: (i) the day the employee is employed; or (ii) a day on which the employer and employee agree to vary the terms and conditions of the employee's employment; and (e) an enterprise agreement does not apply to the employee's employment at the start of the period. (2) However, if: (a) an employee is employed for a period shorter than 12 months; or (b) an employee will perform duties of a particular kind for a period shorter than 12 months; the undertaking may be given for that shorter period. (3) The annual rate of the guarantee of annual earnings is the annual rate of the earnings covered by the undertaking.