Common use of Agreement Flexibility Clause in Contracts

Agreement Flexibility. 8.1 Notwithstanding any other provision of this agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) Arrangements for when work is performed in relation to: (i) the timing of breaks; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (d) the inclusion of leave loading in base salary. 8.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 8.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 8.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee‘s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee‘s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 Except as provided in clause 8.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 8.8 The agreement may be terminated: (a) by the employer or the individual employee giving 28 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. 8.9 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. 8.1 11.1 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 concerningconcerning the following matters: (a) Arrangements for when work is performed in relation to: (i) the The timing of breaks; (ii) time Time off in lieu of overtime; and (iii) penalty Penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime Overtime and penalty rates in respect to CSE 5, DDON and DONXXX; (c) the The inclusion of allowances in base salary; and (d) the The inclusion of annual leave loading in base salary. 8.2 11.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 11.3 The agreement between the employer and the individual employee must: (a) be Be confined to a variation in the application of one or more of the terms listed in clause 8.111.1 (a); and (b) result Result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 8.4 11.4 The agreement between the employer and the individual employee must also: (a) be 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 employee’s parent or guardian; (b) state State each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail Detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail Detail how the agreement results in the individual employee being better off overall in relation to the individual employee‘s employee’s terms and conditions of employment; and (e) state State the date the agreement commences to operate. 8.5 11.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 11.6 Except as provided in clause 8.4(aabove (under 18) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 11.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 11.8 The agreement may be terminated: (a) by By the employer or the individual employee giving 28 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 At any time, by written agreement between the employer and the individual employee. 8.9 11.9 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. 8.1 (i) 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 arrangements for when work is performed in relation to: (i) to the timing of breaks; (ii) breaks and time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.; (b) overtime the simplification of allowances and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (dc) the inclusion of leave loading in base salary. 8.2 (ii) The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 (iii) 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 sub clause 8.1(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. 8.4 (iv) 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 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 (v) The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 (vi) Except as provided in clause 8.4(a) subclause the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 (vii) An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 (viii) The agreement may be terminated: (a) by the employer or the individual employee giving 28 14 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. 8.9 (ix) 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. 8.1 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 arrangements for when work is performed in relation to: (i) the timing of breaksperformed; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates taking of long service leave in respect to CSE 5, DDON and DONsingle days; (c) the inclusion taking of allowances annual leave in base salarysingle days; (d) substitute another day for any prescribed public holiday for recognised day/s of religious significance; and (de) the inclusion of leave loading in base salaryloading. 8.2 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer. An employee may nominate a representative including the Union to assist in negotiations of an individual flexibility agreement. 8.3 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 8.17.1; and (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to. 8.4 7.4 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Xxx 0000; and (b) are not unlawful terms under section 194 of the Fair Work Xxx 0000. 7.5 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 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 7.6 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed to and keep the agreement as a time and wages record. 8.6 7.7 Except as provided in clause 8.4(a7.5(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 7.8 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 7.9 The agreement may be terminated: (a) by the employer or the individual employee giving not more than 28 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. 8.9 7.10 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.. Part 2—Consultation and Dispute Resolution

Agreement Flexibility. ‌ 8.1 Notwithstanding any other provision of this agreementAgreement, an employer Healthscope and an individual employee Employee may agree to vary the application of certain terms of this agreement Agreement to meet the genuine individual needs of the employer Healthscope and the individual employeeEmployee. The terms the employer Healthscope and the individual employee Employee may agree to vary the application of are those concerning: (a) Arrangements arrangements for when work is performed in relation to: (i) the timing of breaksperformed; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates in respect to CSE 5, DDON and DONrates; (c) the inclusion of allowances in base salary; andpenalty rates; (d) the inclusion of allowances; or (e) leave loading in base salaryloading. 8.2 The employer Healthscope and the individual employee Employee must have genuinely made the agreement without coercion or duress. 8.3 The agreement between the employer Healthscope and the individual employee Employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 8.1; and (b) result in the employee Employee being better off overall than the employee Employee would have been if no individual flexibility agreement had been agreed to. 8.4 The agreement between the employer Healthscope and the individual employee Employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer Healthscope and the individual employee Employee and, if the employee Employee is under 18 years of age, the employee‘s Employee’s parent or guardian; (b) state each term of this agreement that the employer Healthscope and the individual employee Employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer Healthscope and the individual employeeEmployee; (d) detail how the agreement results in the individual employee Employee being better off overall in relation to the individual employee‘s Employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 The employer Healthscope must give the individual employee Employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 Except as provided in clause 8.4(a) the agreement must not require the approval or consent of a person other than the employer Healthscope and the individual employeeEmployee. 8.7 An employer Healthscope seeking to enter into an agreement must provide a written proposal to the employeeEmployee. Where the employee‘s Employee’s understanding of written English is limited the employer Healthscope must take measures, including translation into an appropriate language, to ensure the employee Employee understands the proposal. 8.8 The agreement may be terminated: (a) by the employer Healthscope or the individual employee Employee giving 28 days‘ 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 Healthscope and the individual employeeEmployee. 8.9 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 Healthscope and an individual employee Employee contained in any other term of this agreement.. Part 1—Consultation and Dispute Resolution

Agreement Flexibility. 8.1 ‌ 45.1 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 arrangements for when work is performed in relation to: (i) to the timing of breaks; (ii) breaks and time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.; (b) overtime the simplification of allowances and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (dc) the inclusion of leave loading in base salary. 8.2 45.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 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 sub clause 8.1(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. 8.4 (c) ensure that the terms in the agreement are about permitted matters under section 172 of the Fair Work Act 2009; and (d) and those terms in the agreement are not unlawful terms under section 194 of the Fair Work Act 2009. 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 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 45.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 45.6 Except as provided in clause 8.4(a) subclause the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 45.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 45.8 The agreement may be terminated: (a) by the employer or the individual employee giving 28 14 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. 8.9 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. 8.1 Notwithstanding any other provision of this agreement, an employer 7.1 The Employer and an individual employee Employee covered by this Agreement may agree to vary the application of certain terms of this agreement to meet the genuine make an individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree flexibility arrangement to vary the application effect of are those concerningterms of the agreement if: (a) Arrangements for when work is performed in relation toThe agreement deals with one or more of the following matters: (i) the timing of breaksarrangements for when work is performed; (ii) time off in lieu of overtime; andovertime rates; (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.; (iv) allowances; and (v) leave loading; and (b) overtime the arrangement meets the genuine needs of the Employer and penalty rates employee in respect relation to CSE 5, DDON and DON;1 or more of the matters mentioned in (a); and (c) the inclusion of allowances in base salary; and (d) the inclusion of leave loading in base salary. 8.2 The employer Employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 7.2 The agreement between Employer must ensure that the employer and terms of the individual employee mustflexibility arrangement: (a) be confined to a variation in the application of one or more are about matters permitted under section 172 of the terms listed in clause 8.1Act; and (b) are not unlawful terms under s.194 of the Act; and (c) result in the employee being better off overall than the employee would have been be if no individual flexibility agreement had been agreed toarrangement was made. 8.4 7.3 The agreement between the employer and Employer must ensure that the individual employee must alsoflexibility arrangement: (a) be in writing, ; and (b) includes the name of the parties to the agreement Employer and be employee; (c) is signed by the employer Employer and the individual employee and, if the employee is under 18 years of age, the employee‘s employees 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;; and (d) detail includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the agreement results in arrangement will vary the individual employee being effect of the terms; and (iii) how the Employee will be better off overall in relation to the individual employee‘s terms and conditions of employment; andhis or her employment as a result of the arrangement; (eiv) state the date the agreement commences to operatearrangement commences. 8.5 7.4 The employer Employer must give the individual employee a copy of the agreement within 14 days after it is agreed to and keep the agreement as a time and wages record. 8.6 Except as provided in clause 8.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 8.8 7.5 The agreement may be terminated: (a) by the employer Employer or the individual employee giving 28 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 Employer and the individual employee. 8.9 7.6 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 Employer and an individual employee contained in any other term of this agreement.

Agreement Flexibility. 8.1 (i) 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 arrangements for when work is performed in relation to: (i) to the timing of breaks; (ii) breaks and time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.; (b) overtime the simplification of allowances and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (dc) the inclusion of leave loading in base salary. 8.2 The (ii) the employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 (iii) 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 sub clause 8.1(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. 8.4 (iv) 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 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 (v) The employer must give the individual employee a copy of the agreement within 14 days after it is agreed to and keep the agreement as a time and wages record. 8.6 (vi) Except as provided in clause 8.4(asubclause (iv)(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 (vii) An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 (viii) The agreement may be terminated: (a) by the employer or the individual employee giving 28 days‘ 13 weeks’ written notice of termination, in writing, to the other party and (reduced to 4 weeks if the agreement ceasing to operate at was entered into before the end of the notice periodfirst full pay period starting on or after 4 December 2013); or (b) at any time, by written agreement between the employer and the individual employee. 8.9 (ix) 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. 8.1 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 arrangements for when work is performed in relation to: (i) the timing of breaks; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.performed (b) overtime and penalty rates in respect to CSE 5, DDON and DONrates; (c) the inclusion of allowances in base salarypenalty rates; (d) allowances; and (de) the inclusion of leave loading in base salaryloading. 8.2 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 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 8.17.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 8.4 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 employee’s parent or guardian; (b) state each term of this agreement award 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 7.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 7.6 Except as provided in clause 8.4(a7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 7.8 The agreement may be terminated: (a) by the employer or the individual employee giving 28 days‘ 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. 8.9 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 agreementaward.

Agreement Flexibility. ‌ 8.1 Notwithstanding any other provision of this agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) Arrangements for when work is performed in relation to: (i) the timing of breaks; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (d) the inclusion of leave loading in base salary. 8.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.duress.‌‌ 8.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 8.1; andand‌ (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 8.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee‘s 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record.record.‌ 8.6 Except as provided in clause 8.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 The agreement may be terminated: (a) by the employer or the individual employee giving 28 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. 8.9 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.‌‌

Agreement Flexibility. 8.1 10.1 Notwithstanding any other provision of this agreementAgreement, an employer the Employer and an individual employee Employee may agree to vary the application of certain terms of this agreement Agreement to meet the genuine individual needs of the employer Employer and the individual employeeEmployee. The terms the employer Employer and the individual employee Employee may agree to vary the application of are those concerning: (a) Arrangements arrangements for when work is performed in relation to: (i) the timing of breaks; (ii) time off in lieu of overtime; and (iiiii) penalty rates. It is anticipated that any agreement would result from the employee Employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employeesEmployees. (b) overtime and penalty rates in respect to CSE Registered Nurse Levels 4, 5 and 6, and Community Service Coordinator Levels 4 and 5, DDON and DON; (c) the inclusion of allowances in base salary; and (d) the inclusion of leave loading in base salarysalary excluding Registered Nurse Levels 4, 5 and 6, and Community Service Coordinators whose base salary is inclusive of leave loading. 8.2 10.2 The employer Employer and the individual employee Employee must have genuinely made the agreement without coercion or duress. 8.3 10.3 The agreement between the employer Employer and the individual employee Employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 8.110.1; and (b) result in the employee Employee being better off overall than the employee Employee would have been if no individual flexibility agreement had been agreed to. 8.4 10.4 The agreement between the employer Employer and the individual employee Employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer Employer and the individual employee Employee and, if the employee Employee is under 18 years of age, the employee‘s Employee’s parent or guardian; (b) state each term of this agreement that the employer Employer and the individual employee Employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer Employer and the individual employeeEmployee; (d) detail how the agreement results in the individual employee Employee being better off overall in relation to the individual employee‘s Employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 10.5 The employer Employer must give the individual employee Employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 10.6 Except as provided in clause 8.4(a) 10.4(a), the agreement must not require the approval or consent of a person other than the employer Employer and the individual employeeEmployee. 8.7 10.7 An employer Employer seeking to enter into an agreement must provide a written proposal to the employeeEmployee. Where the employee‘s Employee’s understanding of written English is limited the employer Employer must take measures, including translation into an appropriate language, to ensure the employee Employee understands the proposal. 8.8 10.8 The agreement may be terminated: (a) by the employer Employer or the individual employee Employee giving 28 14 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 Employer and the individual employeeEmployee. 8.9 10.9 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 Employer and an individual employee Employee contained in any other term of this agreementAgreement.

Agreement Flexibility. 8.1 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 Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) Arrangements for when work is performed in relation to: (i) the timing of breaks; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (d) the inclusion of leave loading in base salary. 8.2 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 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 8.1subclause 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. 8.4 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 employee's parent or guardian; (b) state each term of this the 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 employee's terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 7.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 7.6 Except as provided in clause 8.4(a) subclause 7.4(a), the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s employee's understanding of written English is limited limited, the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 8.8 7.8 The agreement may be terminated: (a) by the employer or the individual employee giving 28 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 Individual employee. 8.9 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. 8.1 (i) 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 arrangements for when work is performed in relation to: (i) to the timing of breaks; (ii) breaks and time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.; (b) overtime the simplification of allowances and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (dc) the inclusion of leave loading in base salary. 8.2 (ii) The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 (iii) 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 sub clause 8.1(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. 8.4 (iv) 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 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 (v) The employer must give the individual employee a copy of the agreement within 14 days after it is agreed to and keep the agreement as a time and wages record. 8.6 (vi) Except as provided in clause 8.4(asubclause (iv)(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 (vii) An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 (viii) The agreement may be terminated: (a) by the employer or the individual employee giving no more than 28 days‘ days written 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. 8.9 (ix) 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. 8.1 Notwithstanding any other provision of this agreementAgreement, an employer the Employer and an individual employee Employee may agree to vary the application of certain terms of this agreement Agreement to meet the genuine individual needs of the employer Employer and the individual employeeEmployee. The terms the employer Employer and the individual employee Employee may agree to vary the application of are those concerning: (a) Arrangements arrangements for when work is performed in relation to: (i) the timing of breaksperformed; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates in respect to CSE 5, DDON and DONrates; (c) the inclusion of allowances in base salarypenalty rates; (d) allowances; and (de) the inclusion of leave loading in base salaryloading. 8.2 The employer Employee may appoint a representative to assist in discussions regarding an Individual flexibility Agreement. 8.3 The Employer and the individual employee Employee must have genuinely made the agreement Agreement without coercion or duress. 8.3 8.4 The agreement Agreement between the employer Employer and the individual employee Employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 8.1; and (b) result in the employee Employee being better off overall than the employee Employee would have been if no individual flexibility agreement Agreement had been agreed to. 8.4 (c) be about permitted matters under section 172 of the Fair Work Act 2009 and (d) not contain unlawful terms under section 194 of the Fair Work Act 2009. 8.5 The agreement Agreement between the employer Employer and the individual employee Employee must also: (a) be in writing, name the parties to the agreement Agreement and be signed by the employer Employer and the individual employee Employee and, if the employee Employee is under 18 years of age, the employee‘s Employee’s parent or guardian; (b) state each term of this agreement Agreement that the employer Employer and the individual employee Employee have agreed to vary; (c) detail how the application of each term has been varied by agreement Agreement between the employer Employer and the individual employeeEmployee; (d) detail how the agreement Agreement results in the individual employee Employee being better off overall in relation to the individual employee‘s Employee’s terms and conditions of employment; and (e) state the date the agreement Agreement commences to operate. 8.5 8.6 The employer Employer must give the individual employee Employee a copy of the agreement Agreement within 14 days after it is agreed and keep the agreement as a time and wages recordto. 8.6 8.7 Except as provided in clause 8.4(a8.5(a) the agreement Agreement must not require the approval or consent of a person other than the employer Employer and the individual employeeEmployee. 8.7 An employer 8.8 Where seeking to enter into an agreement Agreement, the Employer must provide a written proposal to the employeeEmployee. Where the employee‘s Employee’s understanding of written English is limited the employer Employer must take measures, including translation into an appropriate language, to ensure the employee Employee understands the proposal. 8.8 8.9 The agreement Agreement may be terminated: (a) by the employer Employer or the individual employee Employee giving not more than 28 days‘ ’ 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) at any time, by written agreement Agreement between the employer Employer and the individual employeeEmployee. 8.9 8.10 The right to make an agreement Agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement Agreement between an employer Employer and an individual employee Employee contained in any other term of this agreementAgreement.

Agreement Flexibility. 8.1 (i) 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 arrangements for when work is performed in relation to: (i) to the timing of breaks; (ii) breaks and time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.; (b) overtime the simplification of allowances and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (dc) the inclusion of leave loading in base salary. 8.2 (ii) The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 (iii) 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 sub clause 8.1(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. 8.4 (iv) 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 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 employee’s terms and conditions of employment; andand\ (e) state the date the agreement commences to operate. 8.5 (v) The employer must give the individual employee a copy of the agreement within 14 days after it is agreed to and keep the agreement as a time and wages record. 8.6 (vi) Except as provided in clause 8.4(a) subclause the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 (vii) An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 (viii) The agreement may be terminated: (a) by the employer or the individual employee giving no more than 28 days‘ days written 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. 8.9 (ix) 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. 8.1 ‌ a. Notwithstanding any other provision of this agreementAgreement, an employer CPA 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 CPA and the individual employee. The terms the employer CPA and the individual employee may agree to vary the application of are those concerning: (a) Arrangements 1. arrangements for when work is performed in relation to: (i) the timing of breaksperformed; (ii) time off in lieu 2. arrangements for the type of overtimework that is performed, which are within the limits of the employee’s competency; 3. overtime rates; 4. penalty rates; 5. allowances; and (iii) penalty rates6. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employeesleave loading. (b) overtime and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (d) the inclusion of leave loading in base salary. 8.2 The employer b. CPA and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 c. The agreement between the employer CPA and the individual employee must: (a) 1. be confined to a variation in the application of one or more of the terms listed in clause 8.11.9 (a); and (b) 2. are about permitted matters under section 172 of the Fair Work Act, 2009; and 3. are not unlawful terms under section 194 of the Fair Work Act, 2009; and 4. result in the employee being better off overall than the employee would have been be if no arrangement was made d. For the purpose of clause 1.9 (c) (4), the individual flexibility employee will be taken to be better off overall by the agreement had been agreed toin relation to their terms and conditions of employment if the agreement does not result: 1. on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this agreement and any applicable agreement made under the Act, as those instruments applied as at the date the agreement commences to operate; and 2. in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or territory. 8.4 e. The agreement between the employer CPA and the individual employee must also: (a) 1. be in writing, name the parties to the agreement and be signed by the employer an officer of CPA and the individual employee and, if the employee is under 18 years of age, the employee‘s employee’s parent or guardian; (b) 2. state each term of this agreement that the employer CPA and the individual employee have agreed to vary; (c) 3. detail how the application of each term has been varied by agreement between the employer CPA and the individual employee; (d) 4. detail how the agreement results in the individual employee being with be better off overall with the agreement in relation to the individual employee‘s employee’s terms and conditions of employment; and (e) 5. state the date the agreement commences to operate. 8.5 The employer f. CPA must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 Except as provided in clause 8.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 An employer g. When CPA is seeking to enter into an agreement it must provide a written proposal to the employee. Where the employee‘s employee’s understanding of written English is limited the employer CPA must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 8.8 h. The agreement may be terminated: (a) 1. by the employer CPA or the individual employee giving 28 days‘ thirteen (13) 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) 2. at any time, by written agreement between the employer CPA and the individual employee. 8.9 i. The right to make an agreement pursuant to this clause is in an addition to, and is not intended to otherwise affect, any provision for an agreement between an employer CPA and an individual employee contained in any other term of this agreement.

Agreement Flexibility. 8.1 5.1 Notwithstanding any other provision of this agreement, an employer Xxxxxx 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 Xxxxxx and the individual employee. The terms the employer Xxxxxx and the individual employee may agree to vary the application of are those concerning: (a) Arrangements arrangements for when work is performed in relation to: (i) the timing of breaksperformed; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (d) the inclusion of leave loading in base salaryloading. 8.2 The employer 5.2 Xxxxxx and the individual employee must have genuinely made the flexibility agreement without coercion or duress. 8.3 5.3 The flexibility agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 8.15.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 8.4 The agreement between the employer and not disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment. (c) are about permitted matters under section 172 of the Fair Work Act 2009. (d) are not unlawful terms under section 194 of the Fair Work Act 2009. 5.4 For the purposes of clause 5.3(b) the agreement will be taken not to disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment if: (a) the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this agreement; and (b) the agreement does not result in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory. 5.5 The flexibility agreement must also: (a) be in writing, name the parties to the agreement and be signed by the employer Xxxxxx and the individual employee and, if the employee is under 18 years of age, the employee‘s employee’s parent or guardian; (b) state each term of this agreement that the employer Xxxxxx and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer Xxxxxx and the individual employee; (d) detail how the agreement results in does not disadvantage the individual employee being better off overall in relation to the individual employee‘s employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 The employer 5.6 Xxxxxx must give the individual employee a copy of the agreement within 14 days after it is agreed to and keep the agreement as a time and wages record. 8.6 Except as provided in clause 8.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 An employer 5.7 Xxxxxx 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 the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.the 8.8 5.8 The agreement may be terminated: (a) by the employer Xxxxxx or the individual employee giving 28 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 Xxxxxx and the individual employee. 8.9 5.9 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 Xxxxxx and an individual employee contained in any other term of this agreement. 5.10 The company will not require an employee to agree to a flexibility arrangement under this clause as a condition to obtaining employment.

Agreement Flexibility. 8.1 Undertaking – Model Clause Inserted (included at end of document) 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 arrangements for when work is performed in relation to: (i) the timing of breaksperformed; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates in respect to CSE 5, DDON and DONrates; (c) the inclusion of allowances in base salarypenalty rates; (d) allowances; and (de) leave loading. The employer must ensure that the inclusion terms of leave loading 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 base salarythe employee being better off overall than the employee would be if no arrangement was made. 8.2 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 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 8.1Clause 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. 8.4 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 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 7.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 7.6 Except as provided in clause 8.4(aClause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 7.8 The agreement may be terminated: (a) by the employer or the individual employee giving 28 days‘ 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. 8.9 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. 8.1 (i) 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 arrangements for when work is performed in relation to: (i) to the timing of breaks; (ii) breaks and time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.; (b) overtime the simplification of allowances and penalty rates the inclusion of allowances in respect to CSE 5, DDON and DONbase salary; (c) the inclusion of allowances leave loading in base salary; and (d) the inclusion of leave loading in base salarypenalty rates. 8.2 (ii) The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 (iii) The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 8.1subclause (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. 8.4 (iv) 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 eighteen years of age, the employee‘s 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 (v) The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 (vi) Except as provided in clause 8.4(a) subclause the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 (vii) An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 (viii) The agreement may be terminated: (a) by the employer or the individual employee giving 28 fourteen 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. 8.9 (ix) 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. 8.1 7.1 Notwithstanding any other provision of this agreementAgreement, an the 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 arrangements for when work is performed in relation to: (i) the timing of breaksperformed; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates taking of long service leave in respect to CSE 5, DDON and DONsingle days; (c) the inclusion taking of allowances annual leave in base salarysingle days; (d) substitute another day for any prescribed public holiday for recognised day/s of religious significance; and (de) the inclusion of leave loading in base salaryloading. 8.2 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer. An employee may nominate a representative including the Union to assist in negotiations of an individual flexibility agreement. 8.3 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 8.17.1; and (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to. 8.4 7.4 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. 7.5 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 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 7.6 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed to and keep the agreement as a time and wages record. 8.6 7.7 Except as provided in clause 8.4(a7.5(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 7.8 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 7.9 The agreement may be terminated: (a) by the employer or the individual employee giving not more than 28 days‘ ’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; orof (b) at any time, by written agreement between the employer and the individual employee. 8.9 7.10 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. Part 2—Consultation and Dispute Resolution

Agreement Flexibility. 8.1 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 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 arrangements for when work is performed in relation to: (i) to the timing of breaks; (ii) breaks and time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees.; (b) overtime the simplification of allowances and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (dc) the inclusion of leave loading in base salary.; and 8.2 The (d) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the individual matters mentioned in paragraphs (a), (b) and (c); and (e) the arrangement is genuinely agreed to by the employer and employee must have genuinely made the agreement without coercion or duress. 8.3 47.2 The agreement between employer must ensure that the employer and terms of the individual employee mustflexibility arrangement: (a) be confined to a variation in the application of one or more are about permitted matters under section 172 of the terms listed in clause 8.1Fair Work Xxx 0000; and (b) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (c) result in the employee being better off overall than the employee would have been be if no individual flexibility agreement had been agreed toarrangement was made. 8.4 47.3 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 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 47.4 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 47.5 Except as provided in clause 8.4(a) subclause the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 47.6 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 47.7 The agreement may be terminated: (a) by the employer or the individual employee giving 28 14 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. 8.9 47.8 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. 8.1 Notwithstanding any other provision of this agreement, an employer and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) Arrangements for when work is performed in relation to: (i) the timing of breaks; (ii) time off in lieu of overtime; and (iii) penalty rates. It is anticipated that any agreement would result from the employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other employees. (b) overtime and penalty rates in respect to CSE 5, DDON and DON; (c) the inclusion of allowances in base salary; and (d) the inclusion of leave loading in base salary. 8.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 8.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 8.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 8.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee‘s 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 employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 8.5 The employer must give the individual employee a copy of the agreement within 14 days after it is agreed and keep the agreement as a time and wages record. 8.6 Except as provided in clause 8.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 8.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee‘s 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. 8.8 The agreement may be terminated: (a) by the employer or the individual employee giving 28 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. 8.9 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.