Agreement Flexibility. 11.1 An Employer and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) The agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and (v) leave loading; (b) The arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under s.172 of the Fair Work Act 2009; and (b) are not unlawful terms under s.194 of the Fair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and Employee; and (c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 11.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time. 11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is: (a) the parent or has the responsibility for the care of a child who is of school age or younger; (b) a carer (within the meaning of the Carer Recognition Act 2010); (c) has a disability; (d) is 55 or older; (e) is experiencing violence from a member of the Employee’s family; or (f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 8.1 An Employer and Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The agreement Agreement deals with one or more of the following matters:
(i) arrangements Arrangements about when work is performed;
(ii) overtime Overtime rates;
(iii) penalty Penalty rates;
(iv) allowancesAllowances; and
(v) leave Leave loading;
(b) The arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 8.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under s.172 of the Fair Work Act 2009Act; and
(b) are Are not unlawful terms under s.194 of the Fair Work Act 2009Act; and
(c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 8.3 The Employer must ensure that the individual flexibility arrangement:
(a) is Is in writing; and
(b) includes Includes the name of the Employer and Employee; and
(c) is Is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes Includes details of:
(i) the The terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how How the arrangement will vary the effect of the terms; and
(iii) how How the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states States the day on which the arrangement commences.
11.4 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 8.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by By giving no more than 28 days written notice to the other party to the arrangement; or
(b) if If the Employer and Employee agree in writing — at any time.
11.6 8.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement Agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) is the parent or has the responsibility for the care of a child who is of school age or younger;
(b) is a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. .
8.7 Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
8.8 Further to clause 8.7, if the Employer does not agree to the Employee’s request, the Employer must discuss the request with the Employee to better understand the Employee’s circumstances and then the Employer must provide available counter-proposals to the Employee in writing. Any agreed arrangement must be recorded in writing.
8.9 To avoid doubt, and without limiting Clauses 8.6 and 8.7, an Employee who:
(a) is a parent, or has responsibility for the care, of a child; and
(b) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the Employee to care for the child.
8.10 The Employee is not entitled to make a request pursuant to Clause 8.6 unless:
(a) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or
(b) for a casual Employee – the Employee:
(i) is a long term casual Employee of the Employer immediately before making the request; and
(ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An 7.1 The Employer and an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if:
(a) The agreement Agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;.
(b) The arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (aclause 7.1(a); and
(c) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 7.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 of the Fair Work Act 2009Act; and
(b) are not unlawful terms under s.194 of the Fair Work Act 2009Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 7.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 7.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Agreement Flexibility. 11.1 10.1 This clause specifically replaces clause 7 of the Teachers Award and clause 7 of the General Staff Award.
10.2 An Employer and Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The agreement the Agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;; and
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 10.3 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009FW Act; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 10.4 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(eiv) states the day on which the arrangement commences.
11.4 10.5 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 10.6 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — - at anytime. 11 CONSULTATION ABOUT CHANGE This clause specifically replaces clause 8 of the Teachers Award and clause 8 of the General Staff Award.
11.1 This clause applies if the Employer:
(a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees.
11.2 For a major change referred to in clause 11.1(a):
(a) the Employer must notify the relevant Employees of the decision to introduce the major change; and
(b) clauses11.3 to 11.9 apply.
11.3 The relevant Employees may appoint a representative for the purposes of the procedures in this clause.
11.4 If:
(a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and
(b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the Representative.
11.5 As soon as practicable after making its decision, the Employer must:
(a) discuss with the relevant Employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the Employees; and
(iii) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
(b) for the purposes of the discussion—provide, in writing, to the relevant Employees:
(i) all relevant information about the change including the nature of the change proposed; and
(ii) information about the expected effects of the change on the Employees; and
(iii) any timeother matters likely to affect the Employees.
11.6 The right However, the Employer is not required to request an individual flexibility arrangement under this clause is in addition disclose confidential or commercially sensitive information to the right contained relevant Employees.
11.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.
11.8 If a clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the NES at the commencement enterprise of the agreement of an Employee Employer, the requirements set out in clause 11.2(a) and clauses 11.3 and 11.5 are taken not to request apply.
11.9 In this clause, a major change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee isis likely to have a significant effect on employees if it results in:
(a) the parent or has termination of the responsibility for the care employment of a child who is of school age or younger;Employees; or
(b) a carer (within major change to the meaning composition, operation or size of the Carer Recognition Act 2010);Employer’s workforce or to the skills required of Employees; or
(c) has a disability;the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d) is 55 or older;the alteration of hours of work; or
(e) is experiencing violence from a member of the Employee’s familyneed to retrain Employees; or
(f) provides care the need to relocate Employees to another workplace; or
(g) the restructuring of jobs.
11.10 For a change referred to in cl.11.1(b):
(a) the Employer must notify the relevant Employees of the proposed change; and
(b) cll.11.11 to 11.15 apply.
11.11 The relevant Employees may appoint a Representative for the purposes of the procedures in this clause.
11.12 If:
(a) a relevant Employee appoints, or support relevant Employees appoint, a Representative for the purposes of consultation; and
(b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative.
11.13 The Employer must:
(a) discuss with the relevant Employees the introduction of the change; and
(b) for the purposes of the discussion—provide to a member the relevant Employees:
(i) information about the proposed change (for example, information about the nature of the change to the Employee’s immediate familyregular roster or ordinary hours of work and when that change is proposed to commence); and
(ii) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(iii) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(c) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
11.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
11.15 The Employer must give genuine consideration to matters raised about the change by the relevant Employees.
11.16 For the purposes of cll.11.11 to 11.15, the Employer’s educational timetable in respect of academic classes and student activities, which:
(a) may operate on a term, semester or a School Year basis, and
(b) ordinarily changes between one period of operation and the next, and
(c) may change during the period of operation, is not a regular roster.
11.17 However, where a change to the educational timetable directly results in a change to the number of ordinary hours of work of an Employee, or a member to the spread of hours over which the Employee’s immediate householdordinary hours, who requires care or support because the member is experiencing violence from the member’s family. Such a request must are required to be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.worked, cll.11.11 to
Appears in 1 contract
Samples: Southern Cross Grammar Enterprise Agreement 2017 2021
Agreement Flexibility. 11.1 An Employer 8.1 Xxxxx Xxxxxx Village and Employee an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The the agreement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;
(b) The the arrangement meets the genuine needs of Xxxxx Xxxxxx Village and the Employer and Employee employee in relation to one (1) or more of the matters mentioned in paragraph (asubclause 8.1(a); and
(c) The Employer the arrangement is genuinely agreed to by Xxxxx Xxxxxx Village and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 The Employer employee. 8.2 Xxxxx Xxxxxx Village must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009; and
(c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made.
11.3 The Employer 8.3 Xxxxx Xxxxxx Village must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of Xxxxx Xxxxxx Village (as the Employer employer) and Employeethe employee; and
(c) is signed by Xxxxx Xxxxxx Village and the Employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and
(d) includes details of:
(i) the terms of the enterprise agreement this Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 The Employer 8.4 Xxxxx Xxxxxx Village must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 The Employer 8.5 Xxxxx Xxxxxx Village or Employee the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) or if the Employer Xxxxx Xxxxxx Village and Employee employee agree in writing — – at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) Management when seeking to enter into an agreement must provide a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing written proposal to the request within 21 days stating whether employee. Where the request has been granted or refused. If refused employee’s understanding of written English is limited management will take measures, including translation into an appropriate language, to ensure the response must include details of employee understands the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will applyproposal.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An Employer 6.1 The University and an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if:
(a) The the agreement deals with one or more of the following matters:
(i) arrangements about when allowing for the ordinary hours of work is performedof the Employee to fall outside the span of hours in subclause 58.2 provided that the flexibility arrangement must specify alternative ordinary hours of work for that Employee and that Clause 60 (Overtime – Professional Staff) will apply provided that any reference to “ordinary hours” in Clause 60 shall be taken to be a reference to “ordinary hours” specified in the Flexibility Agreement;
(ii) overtime rates48/52 (or other variant) arrangement;
(iii) penalty ratesdevelopment of overseas exchange agreements between an Employee of the University and an Employee from an overseas university, in order to ensure no disadvantage to the Employee as a consequence of the exchange;
(iv) allowances;
(v) additional unpaid parental/child rearing leave, or unpaid carer's flexibility leave;
(vi) leave loading; and
(v) leave loading;
(b) The the arrangement meets the genuine needs of the Employer University and the Employee in relation to one or more of the matters mentioned in paragraph subclause (a); and
(c) The Employer the arrangement is genuinely agreed to by the University and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 6.2 The Employer University must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009; andFW Act;
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 6.3 The Employer University must ensure that:
(a) agreement to a flexibility arrangement may not be a precondition of employment, reclassification or promotion;
(b) the Employee is advised that they are entitled to have a Representative negotiate a flexibility arrangement on their behalf, providing that the arrangement does not require the consent of a third party as specified in section 203(5) of the FW Act; and
(c) the Employee and their Representative must have at least three (3) working days to consider the proposal.
6.4 The University must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer University and Employee; and
(c) is signed by the Employer University and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement this Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 6.5 The Employer University must give the Employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed toto and keep the Agreement as a time and wages record.
11.5 6.6 The Employer University or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 twenty-eight (28) days written notice to the other party to the arrangement; or
(b) if the Employer University and Employee agree in writing — - at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Collective Agreement
Agreement Flexibility. 11.1 An Employer 6.1 Lifehouse and an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The agreement the arrangement deals with one 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;; and
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (asubclause 6.1a); and
(c) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 6.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009Act; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 6.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 6.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Health Professionals and Support Services Enterprise Agreement
Agreement Flexibility. 11.1 8.1 An Employer and Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The agreement the Agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;; and
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (acl.8.1(a); and;
(c) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 8.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009FW Act; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 8.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(eiv) states the day on which the arrangement commences.
11.4 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 8.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days days' written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — - at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 8.1. An Employer and Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The agreement the Agreement deals with one 1 or more of the following matters:
(i) i. arrangements about when work is performed;
(ii) . overtime rates;
(iii) . penalty rates;
(iv) . allowances;
v. leave loading; and
(v) leave loading;
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a); and
(c) The the Employer and the individual Employee must have genuinely made the agreement Agreement without coercion or duress.
11.2 8.2. The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009; and
(b) and are not unlawful terms under s.194 section 194 of the Fair Work Act 2009; and
(c) result in the Employee being better off overall at the time the Agreement is made than the Employee would be if no arrangement was made.
11.3 8.3. The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) i. the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) . how the arrangement will vary the effect of the terms; and
(iii) . how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) iv. states the day on which the arrangement commences.
11.4 8.4. If the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposal.
8.5. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 The Employer or Employee may terminate the 8.6. An individual flexibility arrangementarrangement may be terminated:
(a) by the Employer or Employee giving no more than 28 days written notice to the other party to the arrangementparty; or
(b) if the Employer and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An 9.1 The Employer and an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The the agreement deals with one 1 or more of the following matters:
(i) arrangements about when work is performed;the extension of unpaid parental leave to up to three years; and
(ii) overtime rates;
(iii) penalty rates;
(iv) allowancesthe utilisation of community service leave in any manner agreed by the Employer and Employee; and
(v) leave loading;
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 9.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 9.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 9.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An Employer and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and
(v) leave loading;
(b) The arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 of the Fair Work Act 2009; and
(b) are not unlawful terms under s.194 of the Fair Work Act 2009; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family.
11.7 A request made pursuant to Clause Error! Reference source not found. Such a request of this Agreement must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
11.8 To avoid doubt, and without limiting Clauses Error! Reference source not found. and 11.7, an Employee who:
(a) is a parent, or has responsibility for the care, of a child; and
(b) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the Employee to care for the child.
11.9 The Employee is not entitled to make a request pursuant to Clause Error! Reference source not found. unless:
(a) for an Employee other than a casual employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or
(b) for a casual employee – the Employee:
(i) is a long term casual Employee of the Employer immediately before making the request; and
(ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An 9.1 The Employer and Employee Employees covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The agreement the arrangement deals with one 1 or more of the following matters:
(i) arrangements about for when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and
(v) leave loading;.
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a9.1(a); and
(c) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 9.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009; andAct;
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 9.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and;
(b) includes the name of the Employer and Employee; and;
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and;
(ii) how the arrangement will vary the effect of the terms; and;
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(eiv) states the day on which the arrangement commences.
11.4 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 9.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — writing, at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An 24.1 The Employer and Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The the agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;; Xxxxx Baptist Grammar School Bargaining Agreement 24 2018
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;; and
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and;
(c) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 24.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work FW Act 2009; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work FW Act 2009; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 24.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(eiv) states the day on which the arrangement commences.
11.4 24.4 In making an individual flexibility agreement, the Employee is entitled to be accompanied by a support person of their choice.
24.5 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 24.6 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — - at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Xxxxx Baptist Grammar School Bargaining Agreement the amended NES will apply.25 2018
Appears in 1 contract
Samples: Carey Baptist Grammar School Employee Agreement 2018
Agreement Flexibility. 11.1 An Employer The Company and an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of the agreement ifAgreement where:
(a) The agreement the Agreement deals with one 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;; and
(b) The the arrangement meets the genuine needs of the Employer Company and Employee in relation to one 1 or more of the matters mentioned in paragraph (a), or in relation to any other matter rising out of the employment relationship; and
(c) the arrangement is genuinely agreed to by the Company and Employee. The Employer and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009Act; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 . The Employer Company must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer Company and Employee; and
(c) is signed by the Employer Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 . The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 . The Employer Company or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days days’ written notice to the other party to the arrangement; or
(b) if the Employer Company and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An Employer 7.1 The Company and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(ai) The the agreement deals with one or more of the following matters:
(ia) arrangements about when work is performed;
(iib) overtime rates;
(iiic) penalty rates;
(ivd) allowances;
(e) leaving loading; and
(vii) leave loading;
(b) The the arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matters mentioned in paragraph 7.1 (a)i) above; and
(ciii) The Employer the arrangement is genuinely agreed to by the Company and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 7.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under s.172 section 172 of the Fair Work Act 2009; and
(bii) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009; and
(ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 7.3 The Employer Company must ensure that the individual flexibility arrangement:
(ai) is in writing; and
(bii) includes the name of the Employer Company and Employee; and
(ciii) is signed by the Employer Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(div) includes details of:
(ia) the terms of the enterprise agreement that will be varied by the arrangement; and
(iib) how the arrangement will vary the effect of the terms; and
(iiic) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ev) states the day on which the arrangement commences.
11.4 7.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 7.5 The Employer Company or Employee may terminate the individual flexibility arrangement:
(ai) by giving no more than 28 days written notice to the other party to the arrangement; or
(bii) if the Employer Company and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An Employer 7.1 Xxxxxxxxxx and Employee an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The the agreement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;; and
(b) The the arrangement meets the genuine needs of Xxxxxxxxxx and the Employer and Employee employee in relation to one (1) or more of the matters mentioned in paragraph (asubclause 7.1(a); and
(c) The Employer the arrangement is genuinely agreed to by Xxxxxxxxxx and the individual Employee must have genuinely made the agreement without coercion or duressemployee.
11.2 The Employer 7.2 Xxxxxxxxxx must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009; and
(c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made.
11.3 The Employer 7.3 Xxxxxxxxxx must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of Xxxxxxxxxx and the Employer and Employeeemployee; and
(c) is signed by Xxxxxxxxxx and the Employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and
(d) includes details of:
(i) the terms of the enterprise agreement this Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 The Employer 7.4 Xxxxxxxxxx must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 The Employer 7.5 Xxxxxxxxxx or Employee the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) or if the Employer Xxxxxxxxxx and Employee employee agree in writing — – at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) Management when seeking to enter into an agreement must provide a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing written proposal to the request within 21 days stating whether employee. Where the request has been granted or refused. If refused employee’s understanding of written English is limited management will take measures, including translation into an appropriate language, to ensure the response must include details of employee understands the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will applyproposal.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An Employer 6.1 Lifehouse and an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The agreement the arrangement deals with one 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;; and
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a6.1a); and
(c) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 6.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009Act; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 6.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 6.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An Employer and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and
(v) leave loading;
(b) The arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 of the Fair Work Act 2009; and
(b) are not unlawful terms under s.194 of the Fair Work Act 2009; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a .
11.7 A request made pursuant to Clause 11.6 of this Agreement must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
11.8 To avoid doubt, and without limiting Clauses 11.6 and 11.7, an Employee who:
(a) is a parent, or has responsibility for the care, of a child; and
(b) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the Employee to care for the child.
11.9 The Employee is not entitled to make a request pursuant to Clause 11.6 unless:
(a) for an Employee other than a casual employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or
(b) for a casual employee – the Employee:
(i) is a long term casual Employee of the Employer immediately before making the request; and
(ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 An Employer 7.1 The Company and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(ai) The the agreement deals with one or more of the following matters:
(ia) arrangements about when work is performed;
(iib) overtime rates;
(iiic) penalty rates;
(ivd) allowances;
(e) leaving loading; and
(vii) leave loading;
(b) The the arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matters mentioned in paragraph 7.1
(a)i) above; and
(ciii) The Employer the arrangement is genuinely agreed to by the Company and the individual Employee must have genuinely made the agreement without coercion or duressEmployee.
11.2 7.2 The Employer Company must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under s.172 section 172 of the Fair Work Act 2009; and
(bii) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009; and
(ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 7.3 The Employer Company must ensure that the individual flexibility arrangement:
(ai) is in writing; and
(bii) includes the name of the Employer Company and Employee; and
(ciii) is signed by the Employer Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(div) includes details of:
(ia) the terms of the enterprise agreement that will be varied by the arrangement; and
(iib) how the arrangement will vary the effect of the terms; and
(iiic) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(ev) states the day on which the arrangement commences.
11.4 7.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 7.5 The Employer Company or Employee may terminate the individual flexibility arrangement:
(ai) by giving no more than 28 days written notice to the other party to the arrangement; or
(bii) if the Employer Company and Employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility. 11.1 7.1 An Employer and Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if:
(a) The agreement the Agreement deals with one 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and;
(v) leave loading;; and
(b) The the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (ai); and
(c) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress.
11.2 7.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 section 172 of the Fair Work Act 2009Act; and
(b) are not unlawful terms under s.194 section 194 of the Fair Work Act 2009Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 7.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iiie) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ef) states the day on which the arrangement commences.
11.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
11.5 7.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Employee employee agree in writing — at any time.
11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is:
(a) the parent or has the responsibility for the care of a child who is of school age or younger;
(b) a carer (within the meaning of the Carer Recognition Act 2010);
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the Employee’s family; or
(f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.
Appears in 1 contract
Samples: Enterprise Agreement
