Common use of Agreement Flexibility Clause in Contracts

Agreement Flexibility. ‌ 2.5.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) allowances; (c) leave loading; (d) overtime rates; and (e) penalty rates. 2.5.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 2.5.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 2.5.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 Except as provided in subclause 4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an employer seeks to enter into an agreement as provided by this clause, the initiating party must provide a written proposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited, the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 2.5.8 The agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 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 and an individual employee contained in any other term of this Agreement.

Agreement Flexibility. ‌ 2.5.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) allowances; (c) leave loading; (d) overtime rates; and (e) penalty rates. 2.5.2 The employer and the individual employee must have genuinely made the agreement Agreement without coercion or duress. 2.5.3 The agreement Agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 1clause 2.5.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 2.5.4 The agreement Agreement between the employer and the individual employee must also: (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 eighteen (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 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 Agreement commences to operate. 2.5.5 The employer must give the individual employee a copy of the agreement Agreement and keep the agreement as a time and wages record. 2.5.6 Except as provided in subclause 4(aclause 2.5.4 (a) the agreement Agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an employer seeks to enter into an agreement Agreement as provided by this clause, the initiating party must provide a written proposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited, the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 2.5.8 The agreement Agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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) at any time, by written agreement between the employer and the individual employee. 2.5.9 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 between an employer and an individual employee contained in any other term of this Agreement.

Agreement Flexibility. ‌ 2.5.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this Agreement agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) allowances; (c) leave loading; (d) overtime rates; and (e) penalty rates. 2.5.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 1clause 2.5.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 2.5.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 2.5.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 Except as provided in subclause 4(aclause 2.5.4 (a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an employer seeks to enter into an agreement as provided by this clause, the initiating party must provide a written proposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited, limited the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 2.5.8 The agreement Agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 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 and an individual employee contained in any other term of this Agreement.

Agreement Flexibility. ‌ 2.5.1 (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 for when work is performed; (b) allowancesovertime rates; (c) leave loadingpenalty rates; (d) overtime ratesallowances; and (e) penalty ratesleave loading. 2.5.2 (ii) The employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 (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 subclause 1Clause 6(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. 2.5.4 (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 eighteen (18) 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. 2.5.5 (v) The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 (vi) Except as provided in subclause 4(aClause 6(iv)(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an (vii) An employer seeks seeking to enter into an agreement as provided by this clause, the initiating party must provide a written proposalproposal to the employee. 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 language and the opportunity to seek advice and assistancelanguage, to ensure the employee understands the proposal. 2.5.8 (viii) The agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 (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. ‌ 2.5.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) allowances; (c) leave loading; (d) overtime rates; and (e) penalty rates. 2.5.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 2.5.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 2.5.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 Except as provided in subclause 4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an employer seeks to enter into an agreement as provided by this clause, the initiating party must provide a written proposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited, the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 2.5.8 The agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 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 and an individual employee contained in any other term of this Agreement.

Agreement Flexibility. ‌ 2.5.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this Agreement agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) allowances; (c) leave loading; (d) overtime rates; and (e) penalty rates. 2.5.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 1clause 2.5.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 2.5.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 2.5.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 Except as provided in subclause 4(aclause 2.5.4 (a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an employer seeks to enter into an agreement as provided by this clause, the initiating party must provide a written proposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited, limited the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 2.5.8 The agreement Agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 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 and an individual employee contained in any other term of this Agreementagreement.

Agreement Flexibility. ‌ 2.5.1 47.1 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 performedperformed in relation to the timing of breaks and time off in lieu of overtime; (b) allowances;the simplification of allowances and the inclusion of allowances in base salary; and (c) the inclusion of leave loading;loading in base salary; and (d) overtime ratesthe arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraphs (a), (b) and (c); and (e) penalty rates. 2.5.2 The the arrangement is genuinely agreed to by the employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 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 subclause 1Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would have been be if no individual flexibility agreement had been agreed toarrangement was made. 2.5.4 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 eighteen (18) 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 2.5.5 47.4 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 47.5 Except as provided in subclause 4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an 47.6 An employer seeks seeking to enter into an agreement as provided by this clause, the initiating party must provide a written proposalproposal to the employee. 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 language and the opportunity to seek advice and assistancelanguage, to ensure the employee understands the proposal. 2.5.8 47.7 The agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 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 Agreementagreement.

Agreement Flexibility. ‌ 2.5.1 42.1 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; (b) allowancesovertime rates; (c) leave loadingpenalty rates; (d) overtime ratesallowances; and; (e) penalty rates.leave loading 2.5.2 42.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 42.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 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. 2.5.4 42.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under eighteen (18) 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. 2.5.5 42.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 42.6 Except as provided in subclause 4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an 42.7 An employer seeks seeking to enter into an agreement as provided by this clause, the initiating party must provide a written proposalproposal to the employee. Where the employer initiates the proposal and where the employee’s employee‘s understanding of written English is limited, limited the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistancelanguage, to ensure the employee understands the proposal. 2.5.8 42.8 The agreement may be terminated: (a) by the employer or the individual employee giving four (4) weeks’ 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. 2.5.9 42.9 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. ‌ 2.5.1 Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements for when work is performed; (b) allowances; (c) leave loading; (d) overtime rates; and (e) penalty rates. 2.5.2 The employer and the individual employee must have genuinely made the agreement Agreement without coercion or duress. 2.5.3 The agreement Agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 1clause 2.5.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 2.5.4 The agreement Agreement between the employer and the individual employee must also: (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 eighteen (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 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 Agreement commences to operate. 2.5.5 The employer must give the individual employee a copy of the agreement Agreement and keep the agreement as a time and wages record. 2.5.6 Except as provided in subclause 4(aclause 2.5.4 (a) the agreement Agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an employer seeks to enter into an agreement Agreement as provided by this clause, the initiating party must provide a written proposal. Where the employer initiates the proposal and where the employee’s understanding of written English is limited, the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistance, to ensure the employee understands the proposal. 2.5.8 The agreement Agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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) at any time, by written agreement between the employer and the individual employee. 2.5.9 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 between an employer and an individual employee contained in any other term of this Agreement.

Agreement Flexibility. ‌ 2.5.1 49.1 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 performedperformed in relation to the timing of breaks and time off in lieu of overtime; (b) allowances;the simplification of allowances and the inclusion of allowances in base salary; and (c) the inclusion of leave loading;loading in base salary; and (d) overtime ratesthe arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraphs (a), (b) and (c); and (e) penalty rates. 2.5.2 The the arrangement is genuinely agreed to by the employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 49.2 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 subclause 1FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the employee being better off overall than the employee would have been be if no individual flexibility agreement had been agreed toarrangement was made. 2.5.4 49.3 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 eighteen (18) 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 2.5.5 49.4 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 49.5 Except as provided in subclause 4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an 49.6 An employer seeks seeking to enter into an agreement as provided by this clause, the initiating party must provide a written proposalproposal to the employee. 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 language and the opportunity to seek advice and assistancelanguage, to ensure the employee understands the proposal. 2.5.8 49.7 The agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 49.8 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 Agreementagreement.

Agreement Flexibility. ‌ 2.5.1 13.1 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 of, are those concerning: (a) arrangements for when work is performed; (b) allowancesovertime rates; (c) penalty rates; d) allowances; and e) leave loading; (d) overtime rates; and (e) penalty rates. 2.5.2 13.2 The employer and the individual employee must have genuinely made the agreement without coercion or duressduress after commencement of employment. Flexibility is not to be made a condition of employment. 2.5.3 13.3 The agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one related to clause 13.1 a), b), c), d) or more of the terms listed in subclause 1e); and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 2.5.4 13.4 The agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under eighteen (18) 18 years of age, the employee’s '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 's terms and conditions of employment; and (e) state the date the agreement commences to operate. 2.5.5 13.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 13.6 Except as provided in subclause 4(aclause 13. 4 a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an 13.7 An employer seeks seeking to enter into an agreement as provided by this clause, the initiating party must provide a written proposalproposal to the employee. Where the employer initiates the proposal and where the employee’s 's understanding of written English is limited, limited the employer must take measures, including translation into an appropriate language and the opportunity to seek advice and assistancelanguage, to ensure the employee understands the proposal. 2.5.8 13.8 The agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 13.9 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. ‌ 2.5.1 8.1. 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; (b) allowancesovertime rates; (c) leave loadingpenalty rates; (d) overtime rates; allowances and (e) penalty ratesleave loading. 2.5.2 8.2. The employer and the individual employee must have genuinely made the agreement without coercion or duress. 2.5.3 8.3. The agreement Agreement between the employer and the individual employee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 18.1; and (b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 2.5.4 8.4. The agreement Agreement between the employer and the individual employee must also: (a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under eighteen (18) 18 years of age, the employee’s parent or guardian; (b) state each term of this agreement that the employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the employer and the individual employee; (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 2.5.5 8.5. The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 2.5.6 8.6. Except as provided in subclause 4(aclause 8.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. 2.5.7 Where an employee or an 8.7. An employer seeks seeking to enter into an agreement as provided by this clause, the initiating party must provide a written proposalproposal to the employee. 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 language and the opportunity to seek advice and assistancelanguage, to ensure the employee understands the proposal. 2.5.8 8.8. The agreement may be terminated: (a) by the employer or the individual employee giving four (4) 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. 2.5.9 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 Agreementagreement.