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.
Agreement Flexibility. 7.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in Clause 7.1; and
(b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.
7.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement 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;
(b) state each term of this agreement that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in Clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement 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 ensu...
Agreement Flexibility. 8.1 Notwithstanding any other provision of this agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
(a) Arrangements for when work is performed in relation to:
(i) the timing of breaks;
(ii) time off in lieu of overtime; and
(iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.
(b) overtime and penalty rates in respect to CSE 5, DDON and DON;
(c) the inclusion of allowances in base salary; and
(d) the inclusion of leave loading in base salary.
8.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.
8.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 8.1; and
(b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.
8.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement 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;
(b) state each term of this agreement that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee‘s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
8.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record.
8.6 Except as provided in clause 8.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
8.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s understanding of written English...
Agreement Flexibility. In recognition of the need for maximum flexibility within this Agreement, the employer, the Association and the majority of practitioner(s) concerned may agree to mutually acceptable terms and conditions to be implemented in substitution of those specified in this Agreement.
Agreement Flexibility.
2.5.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
(a) arrangements for when work is performed;
(b) allowances;
(c) leave loading;
(d) overtime rates; and
(e) penalty rates.
2.5.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.
2.5.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in subclause 1; and
(b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.
2.5.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian;
(b) state each term of this agreement that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
2.5.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
2.5.6 Except as provided in subclause 4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
2.5.7 Where an employee or an employer seeks to enter into an agreement as provided by this clause, the initiating party must provide a written proposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited, the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistance, to ensure the employee understands the proposal.
2.5.8 The agreement may be terminated:
(a) by the employer or the individual employee giving four...
Agreement Flexibility. 11.1 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 one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and
(v) leave loading;
(b) The arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 of the Fair Work Act 2009; and
(b) are not unlawful terms under s.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.
11.3 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.
11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 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.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a ...
Agreement Flexibility.
7.1 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.
7.2 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.
7.3 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.
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:
(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. Part 2 - Consultation and Dispute Resolution
Agreement Flexibility. 10.1 Notwithstanding any other provision of this agreement, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
(1) arrangements for when work is performed;
(2) overtime rates;
(3) penalty rates;
(4) allowances; and
Agreement Flexibility. Notwithstanding any other provision of this Agreement, a school and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine needs of the employer and the employee as provided in Schedule C. However, for such an agreement to take effect, the agreement must result in the employee being better off overall than would have been the case if no flexibility agreement was entered into between the employee and the school. A copy of the signed agreement will be provided to each party within fourteen days of the agreement being signed.
Agreement Flexibility. 11.1 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 one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and
(v) leave loading;
(b) The arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 The Employer must ensure that the terms of the individual flexibility arrangement:
