Agreement Flexibility. 7.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) The agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 7.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009 and (b) are not unlawful terms under section 194 of the Fair Work Act 2009 ; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 7.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 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. Part 2 - Consultation and Dispute Resolution
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Agreement Flexibility.
7.1 An employer 9.1. Warrigal 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 the Agreement deals with 1 one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; loading and
(b) the arrangement meets the genuine needs of Warrigal and the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (aclause 9.1(a); and
(c) the arrangement is genuinely agreed to by Warrigal and the employer and employee.
7.2 The employer 9.2. Warrigal must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 Act; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 Act; and
(c) result Result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 The employer 9.3. Warrigal must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of Warrigal and the employer and employee; and
(c) is signed by Warrigal and the employer and employee 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; arrangement and
(eiv) states the day on which the arrangement commences.
7.4 The employer 9.4. Warrigal must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 The employer 9.5. Warrigal or the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if Warrigal and the employer and employee agree in writing—writing – at any time.
9.6. Part 2 - Consultation and Dispute ResolutionWarrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Agreement Flexibility.
7.1 An 6.1 The employer and an employee covered by this the enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
7.2 6.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 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.
7.4 6.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 6.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—writing – at any time. Part 2 - 2—Consultation and Dispute ResolutionResolution
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility.
7.1 11.1 An employer 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 1 one or more of the following matters:
(i) i. arrangements about when work is performed;
(ii) . overtime rates;
(iii) . penalty rates;
(iv) . allowances;
(v) leave loading; and
(v. leave loading
b) the arrangement meets the genuine needs of the employer Employer and employee in relation to 1 one or more of the matters mentioned in paragraph (clause 11.1 a); and
(c) the arrangement is genuinely agreed to by the employer Employer and employee.
7.2 11.2 The employer Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 11.3 The employer Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer Employer and employee; and
(c) is signed by the employer Employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) i. the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) . how the arrangement will vary the effect of the terms; and
(iii) . how the employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
7.4 11.4 The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 11.5 The employer Employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer Employer and employee agree in writing—writing - at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility.
7.1 An employer 2.5.1. 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 1 or more of the following matters:
(i) i. arrangements about when work is performed;
(ii) . overtime rates;
(iii) . penalty rates;
(iv) . allowances;
(v) v. leave loading; and;
(b) the arrangement meets the genuine needs of the employer Employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer Employer and employee.
7.2 2.5.2. The employer Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 andFW Act;
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 FW Act; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 2.5.3. The employer Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and;
(b) includes the name of the employer Employer and employee; and;
(c) is signed by the employer 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 their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
7.4 2.5.4. The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 2.5.5. The employer 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 Employer and employee agree in writing—, at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Brisbane Catholic Education Office Employees’ Enterprise Agreement 2019 2023
Agreement Flexibility.
7.1 An The employer and an employee covered by this the enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
7.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; andand
(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.
7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.to.
7.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—writing – at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Nurses Enterprise Agreement
Agreement Flexibility.
7.1 1.8.1. An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The 1.8.2. the agreement deals with 1 or more of the following matters:
(ia) arrangements about when work is performed;
(iib) overtime rates;
(iiic) penalty rates;
(ivd) allowances;
(ve) leave loading; and
(bf) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a)1.8.2; and
(c) and the arrangement is genuinely agreed to by the employer and employee.
7.2 1.8.3. The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 and
(b) 2009; and are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) and result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 (b) The employer must ensure that the individual flexibility arrangement:
(ai) is in writing; and
(bii) includes the name of the employer and employee; and
(ciii) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(dc) 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
(eiv) states the day on which the arrangement commences.
7.4 1.8.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 1.8.5. 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—writing at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Employment Agreement
Agreement Flexibility.
7.1 An The employer and an employee covered by this the enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
7.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—writing – at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Nurses Enterprise Agreement
Agreement Flexibility.
7.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
7.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 ; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
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. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility.
7.1 An employer 6.1 The Company and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer Company and the employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer Company and the employee.
7.2 6.2 The employer Company must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 Act; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 Act; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 6.3 The employer Company must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer Company and the employee; and
(c) is signed by the employer Company and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) 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.
7.4 6.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 6.5 The employer Company or the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer Company and the employee agree in writing—writing — at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility.
7.1 (i) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The agreement deals with 1 or more of the following matters:
(i1) arrangements about when work is performed;
(ii2) overtime rates;
(iii3) penalty rates;
(iv4) allowances;
(v5) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
7.2 (ii) The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 (iii) The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i1) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii2) how the arrangement will vary the effect of the terms; and
(iii3) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e4) states the day on which the arrangement commences.
7.4 (iv) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 (v) The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—writing — at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility.
7.1 (i) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The agreement deals with 1 or more of the following matters:
(i1) arrangements about when work is performed;
(ii2) overtime rates;
(iii3) penalty rates;
(iv4) allowances;
(v5) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
7.2 (ii) The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 (iii) The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 eighteen (18) years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i1) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii2) how the arrangement will vary the effect of the terms; and
(iii3) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e4) states the day on which the arrangement commences.
7.4 (iv) The employer must give the employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to.
7.5 (v) The employer 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 and employee agree in writing—writing — at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility.
7.1 6.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) annual leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement engagement is genuinely agreed to by the employer and employee.
7.2 6.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 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.
7.4 6.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 6.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—writing — at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Enterprise Agreement
Agreement Flexibility.
7.1 6.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) annual leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement engagement is genuinely agreed to by the employer and employee.
7.2 6.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
7.3 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.
7.4 6.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
7.5 6.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing—writing — at any time. Part 2 - Consultation and Dispute Resolution.
Appears in 1 contract
Samples: Enterprise Agreement
