Agreed Flexibilities Sample Clauses

Agreed Flexibilities. (a) An Employer and an individual employee may agree to an arrangement which varies the effect of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this agreement which the employer and the individual employee may arrange to vary are listed below: • Single day absences of annual leave (b) The Employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The Employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement. (c) The arrangement between the employer and the individual employee must: (i) only be about one or more of the terms listed in clause 37.2(a); and (ii) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to; (iii) be about matters that would be permitted matters if the arrangement were included in this enterprise Agreement; and (iv) not include a term that would be an unlawful term if the arrangement were included in this enterprise Agreement; (v) be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (vi) set out each term of this Agreement that the employer and the individual employee have agreed to vary the effect of; (vii) set out how the effect of each term has been varied by the arrangement. (viii) set out how the arrangement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (ix) state the date the arrangement commences to operate. (d) The Employer is responsible for ensuring that all of the requirements of clause 37.2(c) are met. (e) The Employer must give the individual employee a copy of the arrangement within 14 days of reaching agreement and keep the agreement as a time and wages record. (f) Except as provided in clause 37.2(c)(v) the agreement must not require the approval or consent of a person other than the employer and the individual employee. (g) An Employer seeking to enter into an arrangement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the Employer must take measures, including translation into an appropriate language, to ensure the employee u...
Sample 1
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Agreed Flexibilities. An employer and an individual employee may agree to an arrangement which varies the effect of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this agreement which the employer and the individual employee may arrange to vary the effect of are listed below: • Pay out of personal leave, as long the arrangement does not result in the employee's remaining accrued entitlement to personal leave being less than 15 days and the employee is paid at least the amount that they would have been paid if they had taken the leave which is cashed out.
Sample 1
Agreed Flexibilities. (a) An employer and an individual employee may agree to an arrangement which varies the effect of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this agreement which the employer and the individual employee may arrange to vary are listed below: • Single day absences of annual leave (b) The employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement. (c) The arrangement between the employer and the individual employee must: (i) only be about one or more of the terms listed in clause 35.2(a); and (ii) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to; (iii) be about matters that would be permitted matters if the arrangement were included in this enterprise agreement; and (iv) not include a term that would be an unlawful term if the arrangement were included in this enterprise agreement; (v) be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (vi) set out each term of this agreement that the employer and the individual employee have agreed to vary the effect of; (vii) set out how the effect of each term has been varied by the arrangement. (viii) set out how the arrangement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (ix) state the date the arrangement commences to operate. (d) The employer is responsible for ensuring that all of the requirements of clause 35.2(c) are met. (e) The employer must give the individual employee a copy of the arrangement within 14 days of reaching agreement and keep the agreement as a time and wages record.
Sample 1
Agreed Flexibilities. An employer and an individual employee may agree to an arrangement which varies the effect of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this agreement which the employer and the individual employee may arrange to vary the effect of are listed below:
Sample 1
Agreed Flexibilities. The Company and an individual employee may agree to an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this Agreement which the employer and the individual employee may arrange to vary the effect of are listed below: (a) Pay out of personal leave, as long the arrangement does not result in the employee’s remaining accrued entitlement to personal leave being less than 15 days and the employee is paid at least the amount that they would have been paid if they had taken the leave which is cashed out. (b) Method of arranging ordinary hours. (c) Variation to spread of hours. (d) Starting and finishing times.
Sample 1
Agreed Flexibilities. The Company and an individual employee may agree to an arrangement which varies the effect of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this agreement which the employer and the individual employee may arrange to vary the effect of are listed below: i. Cashing out annual leave in accordance with the provision of the Act. ii. Changes to shift start and finishing times iii. Changes of shift
Sample 1

Related to Agreed Flexibilities

  • Flexibility 7.1 The Employer and an Employee covered by this Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule if: 7.1.1 the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1; and 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 is in writing; and 7.3.2 includes the name of the Employer and Employee; and 7.3.3 is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and 7.3.4 includes details of: (i) the terms of the Schedule that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and 7.3.5 states the day on which the arrangement commences. 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 if the Employer and Employee agree in writing — at any time.

  • Agreement Flexibility 8.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 8.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 8.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 8.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 8.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing—at any time.

  • Flexibility Arrangements 9.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement: (a) only varies the effect of (i) Clause 45 Parental Leave and Dad and Partner Pay (ii) Clause 42 Compassionate Leave

  • Individual Flexibility Arrangements 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 38.2 The Employer and an Employee covered by this Agreement may agree to make an IFA to vary the effect of terms of the Agreement if: (a) it deals with one or more of the following matters: (i) Time between which ordinary hours are worked; (ii) Salary sacrifice Agreements; (iii) Reduction in ordinary hours; (iv) Increase in annual leave accrual each year; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise); (b) The IFA meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a) above; and (c) The IFA is genuinely agreed to by the Employer and the Employee. 38.3 The Employer must ensure that the terms of the IFA: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no IFA was made. 38.4 The Employer must also ensure that any such IFA is: (a) in writing (including details of the terms that will be varied, how the IFA will vary the effect of the Enterprise Agreement terms, how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the IFA, and the day on which the IFA commences); (b) includes the name of the Employer and Employee; (c) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee; and (d) provided to the Employee within 14 days after it is agreed to. 38.5 The Employer or Employee may terminate the IFA by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing. 38.6 Where any of the requirements of ss 202 and 203 of the FW Act are not met, the IFA is of no effect.

  • Capabilities A. The Parties agree that the DRE must possess the legal, technical, and financial capacity to: (1) Accept and expend non-federal funds consistent with Section 4.2.4; (2) Accept transfer of the FERC license and title for the Facilities from PacifiCorp; (3) Seek and obtain necessary permits and other authorizations to implement Facilities Removal; (4) Enter into appropriate contracts and grant agreements for effectuating Facilities Removal; (5) Perform, directly or by oversight, Facilities Removal; (6) Prevent, mitigate, and respond to damages the DRE or any of its contractors, subcontractors, or assigns cause during the course of Facilities Removal, and, consistent with Applicable Law, respond to and defend associated liability claims against the DRE or any of its contractors, subcontractors, or assigns, including costs thereof and any judgments or awards resulting therefrom; (7) Carry the required insurance and bonding set forth in Appendix L to respond to liability and damages claims associated with Facilities Removal against the DRE or any of its contractors, subcontractors, or assigns; (8) Meet the deadlines set forth in Exhibit 4; and (9) Perform such other tasks as are reasonable and necessary for Facilities Removal. B. Before the DRE and PacifiCorp file the joint application to transfer the license for the Facilities, the DRE will Timely demonstrate to the reasonable satisfaction of the States and PacifiCorp that it possesses the legal, technical, and financial capacity to accomplish the tasks in Sections 7.1.2.A(1) through (5), (8), and (9). PacifiCorp and the States will consult if the DRE fails to make the demonstration required in this subsection. C. Within six months of the DRE’s execution of the Settlement, the DRE will include in an informational filing in the FERC license transfer proceeding proof that it possesses the legal, technical, and financial capacity to accomplish the tasks in Sections 7.1.2.A(6) and (7). This filing will include documentation that the DRE meets the requirements of Parts II, III, and IV of Appendix L and is capable of fulfilling its obligations under Section 7.1.3. The DRE will not provide the filing if either of the States or PacifiCorp objects to the filing after a reasonable opportunity to review before submission to FERC. The six-month deadline may be changed by agreement of the DRE, the States, and PacifiCorp. The Parties will Meet and Confer if the DRE fails to provide the informational filing to FERC.

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