Common use of FLEXIBILITY ARRANGEMENT Clause in Contracts

FLEXIBILITY ARRANGEMENT. (a) The Employer and Employees covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act; and (ii) are not unlawful terms under section 194 of the Fair Work Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Employer and Employee; and (iii) 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 (iv) includes details of: (1) the terms of the enterprise agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) 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 (v) states the day on which the arrangement commences. (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) The Employer or Employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the Employer and Employee agree in writing — at any time.

FLEXIBILITY ARRANGEMENT. (a) The Employer and 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: (ia) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (iib) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (ia); and (iiic) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. (b) . The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) . The Employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Employer and Employee; and (iiic) 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 (ivd) includes details of: (1) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) 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 (ve) states the day on which the arrangement commences. (d) . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) . The Employer or Employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the Employer and Employee agree in writing — at any time.

FLEXIBILITY ARRANGEMENT. (ai) The Employer and Employees Nurse Caregivers 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: (ia) the agreement The Agreement deals with 1 one or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (iib) the arrangement meets the genuine needs of the Employer employer and Employee Nurse Caregiver in relation to 1 one or more of the matters mentioned in paragraph (ia); and (iiic) The the Employer and the individual Employee Nurse Caregiver must have genuinely made the agreement without coercion or duress. (bii) The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work ActAct 2009; and (iib) are not unlawful terms under section 194 of the Fair Work ActAct 2009; and (iiic) result results in the Employee Nurse Caregiver being better off overall than the Employee Nurse Caregiver would be if no arrangement was made. (ciii) The Employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Employer and EmployeeNurse Caregiver; and (iiic) is signed by the Employer and Employee Nurse Caregiver and if the Employee Nurse Caregiver is under 18 years of age, signed by a parent or guardian of the EmployeeNurse Caregiver; and (ivd) includes details of:; (1) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) how the Employee Nurse Caregiver will be better off overall in relation to the terms and conditions condition of his or her their employment as a result of the arrangement; and (ve) states the day on which the arrangement commences. (div) The Employer must give the Employee Nurse Caregiver a copy of the individual flexibility arrangement within 14 days after it is agreed to. (ev) The Employer or Employee Nurse Caregiver may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the Employer and Employee Nurse Caregiver agree in writing — – at any time.

FLEXIBILITY ARRANGEMENT. ‌ (a) The An Employer and Employees Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section undersection 172 of the Fair Work ActAct 2009; and (ii) are not unlawful terms under section 194 of the Fair Work ActAct 2009; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Employer and Employee; and (iii) 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 (iv) includes details of: (1) the terms of the enterprise agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) 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 (v) states the day on which the arrangement commences. (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) The Employer or Employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the Employer and Employee agree in writing — - at any time.

FLEXIBILITY ARRANGEMENT. (ai) The Employer and Employees Nurse Caregivers 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: (ia) the agreement The Agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (iib) the arrangement meets the genuine needs of the Employer employer and Employee Nurse Caregiver in relation to 1 or more of the matters mentioned in paragraph (ia); and (iiic) The the Employer and the individual Employee Nurse Caregiver must have genuinely genuine made the agreement without coercion or duress. (bii) The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work ActAct 2009; and (iib) are not unlawful terms under section 194 of the Fair Work ActAct 2009; and (iiic) result in the Employee Nurse Caregiver being better off overall than the Employee Nurse Caregiver would be if no arrangement was made. (ciii) The Employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Employer and EmployeeNurse Caregiver; and (iiic) is signed by the Employer and Employee Nurse Caregiver and if the Employee Nurse Caregiver is under 18 years of age, signed by a parent or guardian of the EmployeeNurse Caregiver; and (ivd) includes details of:; (1) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) how the Employee Nurse Caregiver will be better off overall in relation to the terms and conditions condition of his or her their employment as a result of the arrangement; and (ve) states the day on which the arrangement commences. (div) The Employer must give the Employee Nurse Caregiver a copy of the individual flexibility arrangement within 14 days after it is agreed to. (ev) The Employer or Employee Nurse Caregiver may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the Employer and Employee Nurse Caregiver agree in writing — – at any time.

FLEXIBILITY ARRANGEMENT. (a) 8.1 The Employer and Employees an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (ia) the agreement deals with 1 or more of the following matters: (1i) arrangements about when work is performed; (2ii) overtime rates; (3iii) penalty rates; (4iv) allowances; (5v) leave loading; and (iib) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (ia); and (iiic) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee. (b) 8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work ActAct 2009; and (iib) are not unlawful terms under section 194 of the Fair Work ActAct 2009; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) 8.3 The Employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Employer and Employee; and (iiic) 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 (ivd) includes details of: (1i) the terms of the enterprise agreement that will be varied by the arrangement; and (2ii) how the arrangement will vary the effect of the terms; and (3iii) 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 (viv) states the day on which the arrangement commences. (d) 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) 8.5 The Employer or Employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the Employer and Employee agree in writing — at any time.

FLEXIBILITY ARRANGEMENT. (a) The Employer and Employees an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (ia)(i); and (iii) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. (b) . The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act; and (ii) are not unlawful terms under section 194 of the Fair Work Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) . The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Employer and Employee; and (iii) 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 (iv) includes details of: (1) the terms of the enterprise agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) 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 (v) states the day on which the arrangement commences. (d) . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) . The Employer or Employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the Employer and Employee agree in writing — at any time. The relevant Employee may appoint a representative for the purposes of the procedures in this term. A representative may include HACSU.

FLEXIBILITY ARRANGEMENT. (a) The Employer and Employees an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (ia)(i); and (iii) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act; and (ii) are not unlawful terms under section 194 of the Fair Work Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Employer and Employee; and (iii) 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 (iv) includes details of: (1) the terms of the enterprise agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) 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 (v) states the day on which the arrangement commences. (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) The Employer or Employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the Employer and Employee agree in writing — at any time. (f) The relevant Employee may appoint a representative for the purposes of the procedures in this term. A representative may include the ANMF and/ or the HACSU.

FLEXIBILITY ARRANGEMENT. (a‌ 1) The Employer and Employees an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the agreement Agreement if: (ia) the agreement IFA deals with 1 or more of the following matters: (1i) arrangements about when work is performed; (2ii) overtime rates; (3iii) penalty rates; (4iv) allowances; (5v) leave loading; and (iib) the arrangement IFA meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (ia); and (iiic) The the IFA is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressEmployee. (b2) The Employer must ensure that the terms of the individual flexibility arrangementIFA: (ia) are about permitted matters under section 172 of the Fair Work ActAct ; and (iib) are not unlawful terms under section 194 of the Fair Work ActAct ; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was were made. (c3) The Employer must ensure that the individual flexibility arrangementIFA: (ia) is in writing; and (iib) includes the name of the Employer and Employee; and (iiic) 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 (ivd) includes details of: (1i) the terms of the enterprise agreement Agreement that will be varied by the arrangementIFA; and (2ii) how the arrangement IFA will vary the effect of the terms; and (3iii) 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 arrangementIFA; and (ve) states the day on which the arrangement IFA commences. (d4) The Employer must give the Employee employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. (e5) The Employer or Employee may terminate the individual flexibility arrangementIFA: (ia) by giving no more than 28 days written notice to the other party to the arrangementIFA; or (iib) if the Employer and Employee agree in writing — writing-at any time.

FLEXIBILITY ARRANGEMENT. (a) The Employer and Employees Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act; and (ii) are not unlawful terms under section 194 of the Fair Work Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Employer and Employee; and (iii) is signed by the Employer and Employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employee; and (iv) includes details of: (1) the terms of the enterprise agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) 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 (v) states the day on which the arrangement commences. (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) The Employer or Employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the Employer and Employee agree in writing — at any time.

FLEXIBILITY ARRANGEMENT. (a) The 28.1 An Employer and Employees employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (ia) the agreement deals with 1 or more of the following matters: (1i) arrangements about when work is performedperformed [for example flexibility in start and finish times and shift changes]; (2ii) overtime ratesarrangements about what work is completed [i.e. deploy across the business provided skills are commensurate with task]; (3iii) penalty ratesarrangements for introduction of new and enhanced technology; (4iv) allowances;arrangements for taking accrued leave; to accommodate quiet times in production or warehouse operations. (5) leave loading; and (iib) the arrangement meets the genuine needs of the Employer and Employee employee in relation to 1 or more of the matters mentioned in paragraph (ia); and (iiic) The the arrangement is genuinely agreed to by the Employer and the individual Employee must have genuinely made the agreement without coercion or duressemployee. (b) 28.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work ActAct 2009; and (iib) are not unlawful terms under section 194 of the Fair Work ActAct 2009; and (iiic) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. (c) 28.3 The Employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Employer and Employeeemployee; and (iiic) is signed by 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 (ivd) includes details of: (1i) the terms of the enterprise agreement that will be varied by the arrangement; and (2ii) how the arrangement will vary the effect of the terms; and (3iii) how the Employee 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 (ve) states the day on which the arrangement commences. (d) 28.4 The Employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) 28.5 The Employer or Employee employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the Employer and Employee employee agree in writing — at any time.

FLEXIBILITY ARRANGEMENT. (a) The Employer and Employees Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work ActAct 2009; and (ii) are not unlawful terms under section 194 of the Fair Work ActAct 2009; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Employer and Employee; and (iii) 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 (iv) includes details of: (1) the terms of the enterprise agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) 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 (v) states the day on which the arrangement commences. (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) The Employer or Employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the Employer and Employee agree in writing — at any time. (f) The relevant Employee may appoint a representative for the purposes of the procedures in this term.

FLEXIBILITY ARRANGEMENT. (a) The Employer and Employees an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (ia)(i); and (iii) The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. (b) . The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work ActXxx 0000; and (ii) are not unlawful terms under section 194 of the Fair Work ActXxx 0000; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. (c) . The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Employer and Employee; and (iii) 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 (iv) includes details of: (1) the terms of the enterprise agreement that will be varied by the arrangement; and (2) how the arrangement will vary the effect of the terms; and (3) 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 (v) states the day on which the arrangement commences. (d) . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) . The Employer or Employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the Employer and Employee agree in writing — at any time. The relevant Employee may appoint a representative for the purposes of the procedures in this term. A representative may include the ANMF and/ or the HACSU.