Common use of Agreement Flexibility Clause in Contracts

Agreement Flexibility. 7.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in Clause 7.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 Except as provided in Clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 The agreement may be terminated: (a) by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer and the individual employee. 7.9 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.

Agreement Flexibility. 7.1 Notwithstanding any other provision of this Agreementagreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in Clause clause 7.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 Except as provided in Clause clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 The agreement may be terminated: (a) by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer and the individual employee. 7.9 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.

Agreement Flexibility. 7.1 44.1 Notwithstanding any other provision of this Agreementagreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performedperformed in relation to the timing of breaks and time off in lieu of overtime; (b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms simplification of allowances and the individual flexibility arrangement: (a) are about permitted matters under section 172 inclusion of the Act; and (b) are not unlawful terms under section 194 of the Actallowances in base salary; and (c) result the inclusion of leave loading in the employee being better off overall than the employee would be if no arrangement was madebase salary. 7.2 44.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 44.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in Clause 7.1sub clause 45.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 44.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 44.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 44.6 Except as provided in Clause 7.4(asub-clause 45.4 (a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 44.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 44.8 The agreement may be terminated: (a) by the employer or the individual employee giving four weeks14 days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer and the individual employee. 7.9 44.9 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.

Agreement Flexibility. 7.1 Notwithstanding any other provision of this Agreementagreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in Clause 7.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 Except as provided in Clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 The agreement may be terminated: (a) by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer and the individual employee. 7.9 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.

Agreement Flexibility. 7.1 6.1 Notwithstanding any other provision of this Agreementagreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; and; (e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 7.2 6.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 6.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in Clause 7.1sub clause (i); and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 6.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 6.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 6.6 Except as provided in Clause 7.4(a) subclause the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 6.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 6.8 The agreement may be terminated: (a) by the employer or the individual employee giving four weeks28 days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer and the individual employee. 7.9 6.9 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.

Agreement Flexibility. 7.1 2.4.1 Notwithstanding any other provision of this Agreementagreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) : a arrangements for when work is performed; (b) ; b allowances; c leave loading; d overtime rates; (c) ; and e penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 7.2 2.4.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 2.4.3 The agreement between the employer and the individual employee must: (a) : a be confined to a variation in the application of one or more of the terms listed in Clause 7.1clause 2.4.1; and (b) and b result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 2.4.4 The agreement between the employer and the individual employee must also: (a) : a be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) ; b state each term of this agreement that the employer and the individual employee have agreed to vary; (c) ; c detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) ; d detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) and e state the date the agreement commences to operate. 7.5 2.4.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 2.4.6 Except as provided in Clause 7.4(aclause 2.4.4 (a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 An 2.4.7 Where an employee or an employer seeking seeks to enter into an agreement as provided by this clause, the initiating party must provide a written proposal to the employeeproposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate languagelanguage and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 7.8 2.4.8 The agreement may be terminated: (a) : a by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) or b at any time, by written agreement between the employer and the individual employee. 7.9 2.4.9 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.

Agreement Flexibility. 7.1 2.4.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) : a arrangements for when work is performed; (b) ; b allowances; c leave loading; d overtime rates; (c) ; and e penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 7.2 2.4.2 The employer and the individual employee must have genuinely made the agreement Agreement without coercion or duress. 7.3 2.4.3 The agreement Agreement between the employer and the individual employee must: (a) : a be confined to a variation in the application of one or more of the terms listed in Clause 7.1clause 2.4.1; and (b) and b result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 2.4.4 The agreement Agreement between the employer and the individual employee must also: (a) : a be in writing, name the parties to the agreement Agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) ; b state each term of this agreement Agreement that the employer and the individual employee have agreed to vary; (c) ; c detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) ; d detail how the agreement Agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) and e state the date the agreement Agreement commences to operate. 7.5 2.4.5 The employer must give the individual employee a copy of the agreement Agreement and keep the agreement as a time and wages record. 7.6 2.4.6 Except as provided in Clause 7.4(aclause 2.4.4(a) the agreement Agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 An 2.4.7 Where an employee or an employer seeking seeks to enter into an agreement as provided by this clause, the initiating party must provide a written proposal to the employeeproposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited limited, the employer must take measures, including translation into an appropriate languagelanguage and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 7.8 2.4.8 The agreement Agreement may be terminated: (a) : a by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement Agreement ceasing to operate at the end of the notice period; or (b) or b at any time, by written agreement between the employer and the individual employee. 7.9 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.

Agreement Flexibility. 7.1 3.1 Notwithstanding any other provision of this Agreement, an employer the Hospital and an individual employee may agree to vary the application of certain terms of this agreement Agreement to meet the genuine individual needs of the employer Hospital and the individual employee. The terms term the employer Hospital and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that performed in relation to the terms timing of the individual flexibility arrangement: (a) are about permitted matters under section 172 breaks and time off in lieu of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was madeovertime. 7.2 3.2 The employer Hospital and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 3.3 The agreement between the employer Hospital and the individual employee must: (a) be confined to a variation in the application of one or more of the terms term listed in Clause 7.1clause 3.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 3.4 The agreement between the employer Hospital and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer Hospital and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer Hospital and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer Hospital and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 3.5 The employer Hospital must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 3.6 Except as provided in Clause 7.4(a) clause 3.4 the agreement must not require the approval or consent of a person other than the employer Hospital and the individual employee. 7.7 An employer 3.7 The Hospital 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 Hospital must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 3.8 The agreement may be terminated: (a) by the employer Hospital or the individual employee giving four weeks14 days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer Hospital and the individual employee. 7.9 3.9 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 the Hospital and an individual employee contained in any other term of this agreement.

Agreement Flexibility. 7.1 45.1 Notwithstanding any other provision of this Agreementagreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed;performed . (b) overtime rates; (c) penalty rates; (d) allowancesthe simplification of allowances and the inclusion of allowances in base salary; and (e) the inclusion of leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result loading in the employee being better off overall than the employee would be if no arrangement was madebase salary. 7.2 45.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 45.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in Clause 7.1sub clause (i); and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 45.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 45.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 45.6 Except as provided in Clause 7.4(a) subclause the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 45.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 45.8 The agreement may be terminated: (a) by the employer or the individual employee giving four weeks14 days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer and the individual employee. 7.9 45.9 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.

Agreement Flexibility. 7.1 47.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performedperformed in relation to the timing of breaks and time off in lieu of overtime; (b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms simplification of allowances and the individual flexibility arrangement: (a) are about permitted matters under section 172 inclusion of the Act; and (b) are not unlawful terms under section 194 of the Actallowances in base salary; and (c) result the inclusion of leave loading in the employee being better off overall than the employee would be if no arrangement was madebase salary. 7.2 47.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 47.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in Clause 7.1sub clause 47.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 47.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement Agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 47.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 47.6 Except as provided in Clause 7.4(asubclause 47.4 (a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 47.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 47.8 The agreement may be terminated: (a) by the employer or the individual employee giving four weeks14 days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer and the individual employee. 7.9 47.9 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 agreementAgreement.

Agreement Flexibility. 7.1 ‌ 2.4.1 Notwithstanding any other provision of this Agreementagreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) : a arrangements for when work is performed; (b) ; b allowances; c leave loading; d overtime rates;; and e penalty rates.‌ (c) penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 7.2 2.4.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.duress.‌‌ 7.3 2.4.3 The agreement between the employer and the individual employee must: (a) : a be confined to a variation in the application of one or more of the terms listed in Clause 7.1clause 2.4.1; and (b) and b result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 2.4.4 The agreement between the employer and the individual employee must also: (a) : a be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (b) ; b state each term of this agreement that the employer and the individual employee have agreed to vary; (c) ; c detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) ; d detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) and e state the date the agreement commences to operate. 7.5 2.4.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 2.4.6 Except as provided in Clause 7.4(aclause 2.4.4 (a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 An 2.4.7 Where an employee or an employer seeking seeks to enter into an agreement as provided by this clause, the initiating party must provide a written proposal to the employeeproposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited limited, the employer must take measures, including translation into an appropriate languagelanguage and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 7.8 2.4.8 The agreement may be terminated: (a) : a by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) or b at any time, by written agreement between the employer and the individual employee. 7.9 2.5 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.

Agreement Flexibility. 7.1 ‌ 51.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement Agreement to meet the genuine individual needs of the employer and the individual employee. . 51.2 The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed;Parental Leave (b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the ActLiving away from home allowance; and (c) result in the employee being better off overall than the employee would be if no arrangement was made.Rostered Days Off; 7.2 51.3 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 51.4 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in Clause 7.1clause 52.2; and (b) must result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 51.5 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s 's parent or guardian; (b) state each term of this agreement Agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s 's terms and conditions of employment; and (e) state the date the agreement commences to operate. 7.5 51.6 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 51.7 Except as provided in Clause 7.4(a) 52.5(a), the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 51.8 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s '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. 7.8 51.9 The agreement Agreement may be terminated: (a) by the employer or the individual employee giving four weeks’ ' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the employer and the individual employee. 7.9 52.10 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.Agreement