Flexibility Arrangements. 9.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) Clause 45 Parental Leave and Dad and Partner Pay (ii) Clause 42 Compassionate Leave
Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) clause 47 Parental Leave
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 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;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
10.3 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee (if the Employee is under the age of 18, signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(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
(iv) states the day on which the arrangement commences.
10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) days’ written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
Flexibility Arrangements. 10.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
Flexibility Arrangements. 63.1 The Company and any Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the hours of work arrangement provided in clause 12, provided:
(a) Any flexible agreement may allow for up to 12 hours per day to be worked at ordinary time, provided that weekly ordinary hours of work shall be an average of 36 per week and shall not exceed 144 hours in 28 consecutive days. Such an arrangement shall not extend the spread of ordinary hours beyond 6.00 am to 6.00 pm: and
(b) The arrangement meets the genuine needs of the Company and Employee: and
(c) Is genuinely agreed to by the Company and the Employee.
63.1 The 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; 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.
63.1 The Company must ensure that the individual flexibility arrangement
(a) is in writing: and
(b) includes the name of the Company and the Employee: and
(c) is signed by the 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) how the arrangement will vary the effect of the terms of this Agreement: and
(ii) how the Employee will be better off overall in relation to the terms and conditions of his/her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
63.1 The Employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to.
63.1 The Company 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 Company and Employee agree in writing, at any time. Page 49 of 76
Flexibility Arrangements. The Employer 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 if:
Flexibility Arrangements. 1. Two or more Contracting States wishing to develop or implement further arrangements to increase the level of harmonization, performance or cooperation between themselves or the service providers providing FAB CE services in their applicable airspace may enter into flexibility arrangements in accordance herewith.
2. Such arrangements shall not affect the rights and obligations of those Contracting States not participating in such arrangements and shall not contradict the decisions already adopted by the FAB CE Council and the level of harmonization already established between the Contracting States participating in the individual arrangement and the other Contracting States.
Flexibility Arrangements. (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.
(2) The employer must ensure that the terms of the individual flexibility arrangement:
Flexibility Arrangements. 33.1 The Managing Director and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the following terms of this Agreement:
(a) arrangements about when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances;
(e) remuneration; and/or
(f) leave.
33.2 An individual flexibility arrangement must meet the genuine needs of DHA and the employee in relation to one or more of the matters mentioned in sub-clause 32.1 and must be genuinely agreed to by DHA and the employee.
33.3 DHA must ensure that the terms of an individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
33.4 DHA must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of XXX and the employee;
(c) is signed by XXX 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 this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(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
(iv) states the day on which the arrangement commences and, where applicable, when the arrangement xxxxxx.
33.5 DHA must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
33.6 DHA or the employee may terminate the individual flexibility arrangement:
(a) by giving 28 days written notice to the other party to the arrangement; or
(b) if DHA and employee agree in writing – at any time.
Flexibility Arrangements. Individual flexibility arrangement
Flexibility Arrangements. 11.1 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 the agreement deals with 1 or more of the following matters:
a) Allowances
11.2 The Company will not make an individual flexibility arrangement unless the following conditions are satisfied:
a) The individual flexibility arrangement must meet the genuine needs of an employee and the Company.
b) The individual flexibility arrangement must be genuinely agreed to by the employee and the Company. In order to ensure genuine agreement, the Company must advise the employee representative prior to an individual flexibility arrangement being entered into and the employee has the option to seek advice from the Union.
c) The individual flexibility arrangement must be about permitted matters under section 172 of the Fair Work Act 2009 (Cth).
d) The individual flexibility arrangement must not include a term that would be unlawful under section 194 of the Fair Work Act 2009 (Cth).
e) The individual flexibility arrangement must result in the employee being better off overall than if no individual flexibility arrangement had been made.
f) Arrangements may only be made with existing employees and must not be made a condition of engagement.
g) The individual flexibility arrangement must be recorded in writing and signed by the Company and the employee (and, if the employee is under 18, by their parent or guardian)
h) The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
i) The individual flexibility arrangement must be able to be terminated by either party, by giving 7 days’ written notice, or at any time by mutual written agreement.
