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.
Appears in 5 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Agreement Flexibility. 8.1 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.
8.2 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.
8.3 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.
8.4 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 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.
Appears in 4 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
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 2009Xxx 0000; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Xxx 0000; 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 days’ written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—at any time.
Appears in 4 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
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 clause 8.1(a) (ai) to (v); 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—writing — at any time.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
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 2009Xxx 0000; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Xxx 0000; 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.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Agreement Flexibility. 8.1 An 10.1 The employer and employee covered by this enterprise agreement Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) the agreement deals with 1 one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;rates and shift loadings
(iv) allowances;
(v) leave loading; : and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
8.2 10.2 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 10.3 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 10.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 10.5 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—writing at any time.
10.6 Where the employer and an individual employee proposes to enter into an individual flexibility arrangement, the employer must inform the employee in writing at least 7 days prior to entering into the arrangement that it recommends that the employee obtain independent advice prior to making the agreement.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
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 the 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 2009Act; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; 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 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 fourteen (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 twenty-eight (28) days’ written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—writing at any time.
8.6 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 ensure the employee understands the proposal.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Agreement Flexibility. 8.1 An employer
7.1 The Employer and employee an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) the agreement 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 Employer and employee 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 Employer and employeeEmployee.
8.2 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 2009Act; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and
(c) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made.
8.3 7.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer Employer and employeeEmployee; and
(c) is signed by the employer and employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and
(d) includes details of:
(i) the terms of the enterprise agreement 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 Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
8.4 7.4 The employer Employer must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 7.5 The employer Employer or employee 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 Employee agree in writing—writing — at any time.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Agreement Flexibility. 8.1 10.1 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 10.2 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 20092009 ; and
(b) are not unlawful terms under section 194 of the Fair Work Act 20092009 ; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 10.3 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 10.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 10.5 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.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Agreement Flexibility. 8.1 An (i) The employer and employee employees 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:
(i1) arrangements about when work is performed;
(ii2) overtime rates;
(iii3) penalty rates;
(iv4) allowances;
(v5) 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 The arrangement is genuinely agreed to by the employer and employee.
8.2 (ii) 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 (iii) 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:
(i1) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii2) how the arrangement will vary the effect of the terms; and
(iii3) 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 (iv) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 (v) 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—writing — at any time.
Appears in 2 contracts
Samples: Lifehouse Nurses Agreement 2019, Lifehouse Nurses Agreement 2019
Agreement Flexibility. 8.1 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:
(ai) the agreement deals with 1 or more of the following matters:
(ia) arrangements about when work is performed;
(iib) overtime rates;
(iiic) penalty rates;
(ivd) allowances;
(ve) leave loading; and
(bii) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (ai); and
(ciii) the arrangement is genuinely agreed to by the employer and employeeemployee without coercion or duress.
8.2 7.2 The employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act 2009; and
(bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(ciii) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 7.3 The employer must ensure that the individual flexibility arrangement:
(ai) is in writing; and
(bii) includes the name of the employer and employee; and
(ciii) 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
(div) includes details of:
(ia) the terms of the enterprise agreement that will be varied by the arrangement; and
(iib) how the arrangement will vary the effect of the terms; and
(iiic) 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
(ev) states the day on which the arrangement commences.
8.4 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 7 days after it is agreed to.
8.5 7.5 The employer or employee may terminate the individual flexibility arrangement:
(ai) by giving no more than 28 days written notice to the other party to the arrangement; or
(bii) if the employer and employee agree in writing—at any time.
7.6 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 ensure the employee understands the proposal.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Agreement Flexibility. 8.1 (a) 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:
(ai) the agreement deals with 1 or more of the following matters:
(i1) arrangements about when work is performed;
(ii2) overtime rates;
(iii3) penalty rates;
(iv4) allowances;
(v5) leave loading; and
(bii) 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
(ciii) the arrangement is genuinely agreed to by the employer and employee.
8.2 (b) The employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act 2009; and
(bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(ciii) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 (c) The employer must ensure that the individual flexibility arrangement:
(ai) is in writing; and
(bii) includes the name of the employer and employee; and
(ciii) 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
(div) includes details of:
(i1) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii2) how the arrangement will vary the effect of the terms; and
(iii3) 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
(e4) states state the day on which the arrangement commences.
8.4 (d) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 (e) The employer or employee may terminate the individual flexibility arrangement:
(ai) by giving no more than 28 days 13 weeks’ written notice to the other party to the arrangementarrangement (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013; or
(bii) if If the employer and employee agree in writing—writing — at any time.
Appears in 2 contracts
Samples: Enterprise Agreement, NSW (Non Declared) Affiliated Health Organisations’ Staff Specialist Agreement 2021
Agreement Flexibility. 8.1 35.1. 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 35.2. 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 35.3. 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 35.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 35.5. 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—writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 (a) An employer Employer and employee a Employee (other than an Employee engaged as a Casual Teacher) covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(ai) the agreement deals with 1 one or more of the following matters:
(i) 1. arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) 2. allowances;
(v) 3. leave loading; and
(bii) the arrangement meets the genuine needs of the employer Employer and employee Employee in relation to 1 one or more of the matters mentioned in paragraph (a)sub-clause 11(a)(i) herein; and
(ciii) the arrangement is genuinely agreed to by the employer Employer and employeeEmployee.
8.2 (b) The employer Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act 2009Act; and
(bii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and
(ciii) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 (c) The employer Employer must ensure that the individual flexibility arrangement:
(ai) is in writing; and
(bii) includes the name of the employer Employer and employeeEmployee; and
(ciii) is signed by the employer Employer and employee Employee and if the employee Employee is under 18 eighteen years of age, signed by a the parent or guardian of the employeeEmployee; and
(div) includes details of:
(i) 1. the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) 2. how the arrangement will vary the effect of the terms; and
(iii) 3. how the employee 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
(ev) states the day on which the arrangement commences.
8.4 (d) The employer Employer must give the employee Employee a copy of the individual flexibility arrangement within 14 fourteen days after it is agreed to.
8.5 (e) The employer Employer or employee Employee may terminate the individual flexibility arrangement:
(ai) by giving no more than 28 twenty-eight days written notice to the other party to the arrangement; or
(bii) if if, at any time, the employer Employer and employee Employee agree in writing—at any time.
Appears in 1 contract
Samples: Tasmanian Independent Christian Schools (Teachers) Multi Enterprise Agreement 2019
Agreement Flexibility. 8.1 An The employer and employee employees covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement Agreement deals with 1 one or more of the following matters:
(i) arrangements about for when work is performedperformed in relation to the timing of breaks and time off in lieu of overtime;
(ii) overtime rates;the simplification of allowances and the inclusion of allowances in the ordinary rate; and
(iii) penalty rates;
(iv) allowances;
(v) the inclusion of leave loading; andloading in the ordinary rate.
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 one 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 agreement 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 singed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the enterprise agreement 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 8.4 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—writing – at any time.;
Appears in 1 contract
Samples: Enterprise Agreement
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 The employer and employeethe individual employee must have genuinely made the agreement without coercion or duress.
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) and are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee being better off overall at the time the agreement is made 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:
(i1) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii2) how the arrangement will vary the effect of the terms; and
(iii3) 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
(e4) states the day on which the arrangement commences.
8.4 If the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
8.5 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 8.6 An individual flexibility arrangementarrangement may be terminated:
(a) by the employer or employee giving no more than 28 days 13 weeks’ written notice to the other party to the arrangementparty; or
(b) if the employer and employee agree in writing—writing — at any time.
Appears in 1 contract
Samples: Anmf Agreement
Agreement Flexibility. 8.1 An
2.1.1 The employer and an employee covered by this the 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 2.1.2 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 2.1.3 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 2.1.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 2.1.5 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—writing – at any time.time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 An employer 7.1 The em ployer and employee covered an em ployee covere d by this enterprise agreement the e nterprise agreem ent may agree to make an individual indi vidual 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 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 i n t he e mployee bei ng bet ter off overall than the employee t han t he e mployee would be if i f no arrangement was a rrangement w as made.
8.3 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 i f 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 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 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—writing – at any time.. Part 2—Consultation, Workloads Management and Dispute Resolution
Appears in 1 contract
Samples: Nurses Enterprise Agreement
Agreement Flexibility. 8.1 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.
8.2 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 20092009 ; and
(b) are not unlawful terms under section 194 of the Fair Work Act 20092009 ; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 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.
8.4 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 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.
Appears in 1 contract
Samples: Enterprise Agreement
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
(vi) arrangements about changing the spread of ordinary hours consistent with arrangements that may be made under clause 25, where an employee makes a request to assist or support their personal circumstances including but not limited to childcare arrangements. 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.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 8.1. An employer Employer and employee Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement Agreement deals with 1 one or more of the following matters:
(i) arrangements Arrangements about when work is performed;
(ii) overtime Overtime rates;
(iii) penalty Penalty rates;
(iv) allowancesAllowances;
(v) leave Leave loading; and,
(b) the The arrangement meets the genuine needs of the employer Employer and employee Employee in relation to 1 one or more of the matters mentioned in paragraph (a); and,
(c) the The arrangement is genuinely agreed to by the employer Employer and employeeEmployee.
8.2 8.2. The employer Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009Act; and,
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and,
(c) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made.
8.3 8.3. The employer Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and,
(b) includes the name of the employer Employer and employeeEmployee; and,
(c) is signed by the employer Employer and employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and
(d) includes details of:
(i) i. the terms of the enterprise agreement 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 Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and,
(e) iv. states the day on which the arrangement commences.
8.4 8.4. The employer Employer must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 8.5. The employer Employer or employee 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 Employer and employee Employee agree in writing—writing – at any time.
Appears in 1 contract
Samples: Teachers and Technicians Agreement
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 individual employee a copy of the individual flexibility arrangement agreement 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—writing - at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 An employer 30.1 This clause is not intended to contradict the flexibility terms in Clause 8.1.4 (Extended Shifts), 8.1.8 (Span of Hours), 8.4.8 (Overtime Rest Breaks), 8.4.10 (Time off In Lieu of Overtime) and 12.1.4 (Wage Payments) of this Agreement.
30.2 The Company and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) the agreement Agreement deals with 1 or more of the following mattersfollowingmatters:
(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 Company 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 Company and employee.
8.2 30.3 The employer Company 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; and2009;and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 30.4 The employer Company must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer Company and employee; and
(c) is signed by the employer Company 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 30.5 The employer Company and/or employee shall be allowed time to consider any proposed individual flexibility agreement. Additionally, an employee may choose to seek advice/representation prior to the making of any individual flexibility agreement or during the term of any individual flexibility agreement.
30.6 The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 30.7 The employer Company 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 Company and employee agree in writing—writing — at any time.
Appears in 1 contract
Samples: Manufacturing Agreements
Agreement Flexibility. 8.1 21.1 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 Agreement if:
(a) the agreement deals with 1 one 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 relationship to 1 one or more of the matters mentioned in paragraph (a21.1(a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
8.2 21.2 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 21.3 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 21.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 21.5 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 or employee agree in writing—writing – at any time.
Appears in 1 contract
Samples: Victorian Early Childhood Teachers and Educators Agreement 2016
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 the 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 2009Xxx 0000; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Xxx 0000; 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 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 fourteen (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 twenty-eight (28) days’ written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—writing at any time.
8.6 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 ensure the employee understands the proposal.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 An 7.1.1 The employer and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) the agreement Agreement deals with 1 one (1) or more of the following matters:
(i) arrangements i. Arrangements about when work is performed;
(ii) overtime . Overtime rates;
(iii) penalty . Penalty rates;
(iv) allowances. Allowances;
(v) leave v. Leave loading; and
(vi. Any other terms as agreed.
b) the arrangement meets the genuine needs of the employer and the employee in relation to 1 one (1) or more of the matters mentioned in paragraph clause 7.1.1 (a); and
(c) the arrangement is genuinely agreed to by the employer and the employee.
8.2 7.1.2 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 2009Act; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 7.1.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and the employee; and
(c) is signed by the employer and the 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) I. the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) II. how the arrangement will vary the effect of the terms; and
(iii) 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) IV. states the day on which the arrangement commences.
8.4 7.1.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed toagreed.
8.5 7.1.5 The employer or the 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 If the employer and the employee agree in writing—writing – at any time.
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
Agreement Flexibility. 8.1 6.1 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 6.2 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 6.3 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 6.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 6.5 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—writing at any time.
Appears in 1 contract
Samples: Enterprise Agreement
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 days’ written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 An 12.1 The employer and an employee covered by this the 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 12.2 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 12.3 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 12.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 12.5 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—writing – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 10.1. The parties to this agreement, agree the model flexibility term set out in the Fair Work Regulations, schedule 2.2, regulation 2.08, is taken to be a term of the agreement.
10.2. 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 10.3. 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 2009Xxx 0000; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Xxx 0000; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 10.4. 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 10.5. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 10.6. 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—writing — at any time.
Appears in 1 contract
Samples: Employment Agreement
Agreement Flexibility. 8.1 An employer (i) The Employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement ifwhere :
(a) the agreement deals with 1 or more of the following matters:
(i1) arrangements about when work is performedperformed in relation to the timing of breaks and time off in lieu of overtime;
(ii2) overtime rates;the simplification of allowances and the inclusion of allowances in base salary; and
(iii3) penalty rates;
(iv) allowances;
(v) the inclusion of leave loading; andloading in base salary
(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 Employer and the arrangement is individual employee must have genuinely agreed to by made the employer and employeeagreement without coercion or duress.
8.2 (ii) The employer 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 (iii) The employer 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:
(i1) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii2) how the arrangement will vary the effect of the terms; and
(iii3) 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 (iv) The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 (v) The employer 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—writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 (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 (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 (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 (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 (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—writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 An employer (a) the ATC and employee covered by this enterprise mutual agreement may agree to can make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(ai) the agreement deals with 1 one or more of the following matters:
(iii) arrangements about when work is performed;
(iiiii) overtime rates;
(iiiiv) penalty rates;
(ivv) allowances;
(vvi) leave loading; and
(bvii) the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (a)paragraph; and
(cviii) the arrangement is genuinely agreed to by the employer ATC and employee.
8.2 (b) The employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the Fair Work Act 2009; and
(bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(ciii) result in the employee being better off overall than the employee would be if no arrangement was made.
8.3 (c) The employer must ensure that the individual flexibility arrangement:
(ai) is in writing; and
(bii) includes the name of the employer and employee; and
(ciii) 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
(div) includes details of:
(iv) the terms of the enterprise agreement that will be varied by the arrangement; and
(iivi) how the arrangement will vary the effect of the terms; and
(iiivii) 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
(eviii) states the day on which the arrangement commences.
8.4 (d) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 (e) The employer or employee may terminate the individual flexibility arrangement:
(ai) by giving no more than 28 days written notice to the other party to the arrangement; or
(bii) if the employer and employee agree in writing—writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 An employer 45.1. The Employer and employee an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i1) arrangements about when work is performed;
(ii2) overtime rates;
(iii3) penalty rates;
(iv4) allowances;
(v5) leave loading; and
(b) the arrangement meets the genuine needs of the employer Employer and employee Employee in relation to 1 or more of the matters mentioned in paragraph (a45.1(a); and
(c) The Employer and the arrangement is individual Employee must have genuinely agreed to by made the employer and employeeagreement without coercion or duress.
8.2 45.2. The employer Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009Act; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and
(c) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made.
8.3 45.3. The employer Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer Employer and employeeEmployee; and
(c) is signed by the employer Employer and employee Employee and if the employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and
(d) includes details of:
(i1) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii2) how the arrangement will vary the effect of the terms; and
(iii3) how the employee 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 45.4. The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 45.5. The employer Employer or employee 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 Employer and employee Employee agree in writing—writing — at any time.
45.6. The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual Employee contained in any other term of this Agreement.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 An employer (i) The Employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement ifwhere:
(a) the agreement deals with 1 or more of the following matters:
(i1) arrangements about when work is performedperformed in relation to the timing of breaks and time off in lieu of overtime;
(ii2) overtime rates;the simplification of allowances and the inclusion of allowances in the ordinary rate; and
(iii3) penalty rates;
(iv) allowances;
(v) the inclusion of leave loading; andloading in the ordinary rate,
(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 Employer and the arrangement is individual employee must have genuinely agreed to by made the employer and employeeagreement without coercion or duress.
8.2 (ii) The employer 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 (iii) The employer 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:
(i1) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii2) how the arrangement will vary the effect of the terms; and
(iii3) 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 (iv) The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 (v) The employer 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—writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 54.1 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 one or more of the following matters:
(i) i. arrangements about when work is performed;
(ii) . overtime rates;
(iii) . penalty rates;
(iv) . allowances;
(v) 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 54.2 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 54.3 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) 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 54.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 54.5 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—writing — at any time. The employer will make superannuation contributions into a Superannuation Fund that offers a MySuper product.
55.1 Upon employment the employer will advise employees they may nominate a fund into which all statutory superannuation contributions will be paid.
55.2 Should an employee fail to nominate a fundwhile it remains a legislative requirement:
(a) The employer will contact the Australian Taxation Office (ATO) to see if the employee has an existing fund. If the ATO identifies that the employee has an existing fund, this will be their ‘stapled’ account and the employer will pay the statutory superannuation contributions for the employee into this account;
(b) If no account is found and the employee hasn’t chosen a fund, the employer will create a new account for them with HESTA (Health Employees' Superannuation Trust Australia) which is the employer’s default super fund. The employer will pay the employee’s statutory superannuation contributions to this fund.
55.3 The superannuation contributions will be paid at ordinary pay, which for the purpose of this Agreement includes ordinary time worked on public holidays and public holiday loadings.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 27.1 This model clause is not designed to contradict the flexibility terms in Clause 8.1.4 (Extended Shifts), 8.1.9 (Span of Hours), 8.5.8 (Overtime Rest Breaks), 8.5.11 (Time off In Lieu of Overtime) and 11.1.4 (Wage Payments) of this Agreement.
27.2 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 27.3 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 27.4 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 27.5 The employer and/or employee shall be allowed time to consider any proposed individual flexibility agreement. Additionally, an employee may choose to seek advice/representation prior to the making of any individual flexibility agreement or during the term of any individual flexibility agreement.
27.6 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 27.7 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—writing — at any time.
Appears in 1 contract
Samples: Manufacturing Agreements
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 94 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.. Part 2—Consultation and Dispute Resolution
Appears in 1 contract
Samples: Support Staff Enterprise Agreement
Agreement Flexibility. 8.1 An employer
6.1 CHA and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement arrangements to vary the effect of terms of the agreement Agreement if:
(a) the agreement deals with 1 one (1) or more of the following matters:
(i) i. arrangements about when work is performed;
(ii) . overtime rates;
(iii) . penalty rates;
(iv) . allowances;
(v) v. leave loading; and
(b) the arrangement meets the genuine needs of CHA and the employer and employee in relation to 1 one (1) or more of the matters mentioned in paragraph sub-clause 6.1 (a); and
(c) the arrangement is genuinely agreed to by CHA and the employer and employee.
8.2 The employer d) Management when seeking to enter into an agreement must provide a written proposal to the employee. Where the employee's understanding of written English is limited management will take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
6.2 CHA 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 6.3 CHA must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of CHA and the employer and employee; and
(c) is signed by XXX and 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) i. the terms of the enterprise agreement this 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 their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
8.4 The employer 6.4 CHA must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 The employer 6.5 CHA or the 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 CHA and the employer and employee agree in writing—writing - at any time.
Appears in 1 contract
Samples: Employment Agreement
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 2009Xxx 0000; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009Xxx 0000; 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 days’ written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—at any time.time.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 8.1 22.1 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 (d) the arrangement can only be made with an existing employee.
22.2 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 22.3 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 22.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 22.5 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—writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement