Common use of Flexibility Arrangements Clause in Contracts

Flexibility Arrangements. (a) The Company and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement that relate to: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:- (1) meet the genuine needs of the Company and employee in relation to 1 or more of the matters in (1)(i) to (iii); and (2) genuinely be agreed to by the Company and employee. (b) The Company must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (iii) result in the employee being better off overall than the employee would be if no arrangement was made. (c) The Company must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Company and employee; and (iii) is signed by the 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 this Agreement that will be varied by the arrangement; 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. (f) The employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) The Company or the 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 Company and employee agree in writing — at any time.

Flexibility Arrangements. (a) The Company 44.1 An Employer and an employee Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement that relate toif: (a) 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; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:-; (1iv) meet allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the Company Employer and employee Employee in relation to 1 one (1) or more of the matters mentioned in (1)(i) to (iiiparagraph 44.1(a); and (2c) the arrangement is genuinely be agreed to by the Company Employer and employeeEmployee. (b) 44.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000FW Act; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000FW Act; and (iiic) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. (c) 44.3 The Company Employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Company Employer and employeeEmployee; and (iiic) is signed by the Company Employer and the 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 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 employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (f) 44.4 The employee Employer must receive give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 44.5 The Company Employer or the 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 if the Company Employer and employee Employee agree in writing — at any time.

Flexibility Arrangements. (a) The Company An employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement that relate tothe agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (ii2) overtime rates; (iii3) penalty rates; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:-; (14) meet allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Company employer and employee in relation to 1 or more of the matters mentioned in paragraph (1)(i) to (iiii); and (2iii) The employer and the individual employee must have genuinely be agreed to by made the Company and employeeagreement without coercion or duress. (b) The Company employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000Act; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act; and (iii) result in the employee being better off overall than the employee would be if no arrangement was made. (c) The Company Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Company Employer and employee; and (iii) is signed by the Company Employer and the 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: i(1) the terms of this the Agreement that will be varied by the arrangement;; and ii(2) how the arrangement will vary the effect of the terms; and iii(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 (ev) states the day on which the arrangement commences. (fd) The Employer must give the employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (ge) The Company Employer or the 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 if the Company Employer and employee agree in writing — at any time.

Flexibility Arrangements. (a) The Company Employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement that relate tothe agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (ii2) overtime rates; (iii3) penalty rates; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:-; (14) meet allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Company employer and employee in relation to 1 or more of the matters mentioned in paragraph (1)(i) to (iiii); and (2iii) The employer and the individual employee must have genuinely be agreed to by made the Company and employeeagreement without coercion or duress. (b) The Company employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iii) result in the employee being better off overall than the employee would be if no arrangement was made. (c) The Company employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Company employer and employee; and (iii) is signed by the Company employer and the 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: i(1) the terms of this Agreement the enterprise agreement that will be varied by the arrangement;; and ii(2) how the arrangement will vary the effect of the terms; and iii(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 (ev) states the day on which the arrangement commences. (fd) The employer must give the employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (ge) The Company employer or the 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 if the Company employer and employee agree in writing — at any time.

Flexibility Arrangements. (a) 63.1 The Company and an employee any Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect hours of terms of this Agreement that relate towork arrangement provided in clause 12, provided: (ia) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; Any flexibility arrangement flexible agreement may only allow for up to 12 hours per day to be worked at ordinary time. Provided , 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. Any individual flexibility Such an arrangement must:-shall not extend the spread of ordinary hours beyond 6.00 am to 6.00 pm: and (1b) meet The arrangement meets the genuine needs of the Company and employee in relation to 1 or more of the matters in (1)(i) to (iii); Employee: and (2c) Is genuinely be agreed to by the Company and employeethe Employee. (b) 63.1 The Company must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iiic) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. (c) 63.1 The Company must ensure that the individual flexibility arrangement: (ia) is in writing; : and (iib) includes the name of the Company and employee; the Employee: and (iiic) is signed by the Company and the employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employee; 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; terms of this Agreement: and iii(ii) how the employee Employee will be better off overall in relation to the terms and conditions of his or his/her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (f) 63.1 The employee Employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 63.1 The Company or the 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 if the Company and employee Employee agree in writing — writing, at any time.. Page 49 of 76

Flexibility Arrangements. (a) The Company An employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement that relate tothe agreement if: (i) the agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed; (ii2) overtime rates; (iii3) penalty rates; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:-; (14) meet allowances; (5) leave loading; and (ii) the arrangement meets the genuine needs of the Company employer and employee in relation to 1 or more of the matters mentioned in paragraph (1)(i) to (iiii); and (2iii) The employer and the individual employee must have genuinely be agreed to by made the Company and employeeagreement without coercion or duress. (b) The Company employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000Act; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act; and (iii) result in the employee being better off overall than the employee would be if no arrangement was made. (c) The Company Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Company Employer and employee; and (iii) is signed by the Company Employer and the 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: i(1) the terms of this the Agreement that will be varied by the arrangement;; and ii(2) how the arrangement will vary the effect of the terms; and iii(3) how the employee will be better off overall in relation to the terms and conditions of his nj9 or her employment as a result of the arrangement; and (ev) states the day on which the arrangement commences. (fd) The Employer must give the employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (ge) The Company Employer or the 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 if the Company Employer and employee agree in writing — at any time.

Flexibility Arrangements. ‌ (a) The Company An employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this the Agreement that relate toif: (i) the IFA deals with 1 or more of the following matters: (1) overtime rates; (2) penalty rates; (3) allowances; (4) leave loading; (5) arrangements about when work is performed;; and (ii) overtime rates; (iii) penalty rates; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:- (1) meet the IFA meets the genuine needs of the Company employer and employee in relation to 1 or more of the matters mentioned in paragraph (1)(i) to (iiii); and (2iii) the IFA is genuinely be agreed to by the Company employer and employee. (b) The Company employer must ensure that the terms of the individual flexibility arrangementIFA: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iii) result in the employee being better off overall than the employee would be if no arrangement IFA was made. (c) The Company employer must ensure that the individual flexibility arrangementIFA: (i) is in writing; and (ii) includes the name of the Company employer and employee; and (iii) is signed by the Company employer and the 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: i(1) the terms of this the Agreement that will be varied by the arrangement;IFA; and ii(2) how the arrangement IFA will vary the effect of the terms; and iii(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 arrangementIFA; and (ev) states the day on which the arrangement IFA commences. (fd) The employer must give the employee must receive a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. (ge) The Company employer or the employee may terminate the individual flexibility arrangementIFA: (i) by giving no more than 28 days written notice to the other party to the arrangementIFA; or (ii) If if the Company employer and employee agree in writing — at any time.

Flexibility Arrangements. (a) The Company Employer and an employee Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement that relate to: (i) the agreement if: the arrangement deals with one or more of the following matters: arrangements about when work is performed; (ii) ; overtime rates; (iii) ; penalty rates; Any flexibility allowances; leave loading; and the arrangement may only 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. Any individual flexibility arrangement must:- (1) meet meets the genuine needs of the Company Employer and employee Employee in relation to 1 one or more of the matters mentioned in paragraph (1)(i) to (iiii); and (2) and the Employer and the individual Employee must have genuinely be agreed to by made the Company and employeeagreement without coercion or duress. (b) The Company Employer must ensure that the terms of the individual flexibility arrangement: (i) : are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (ii) and are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iii) and result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. (c) The Company Employer must ensure that the individual flexibility arrangement: (i) : is in writing; and (ii) and includes the name of the Company Employer and employeeEmployee; and (iii) and is signed by the Company Employer and the employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and (d) and includes details of: i) : the terms of this the Agreement that will be varied by the arrangement; ii) ; and how the arrangement will vary the effect of the terms; and iii) and 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 (e) and states the day on which the arrangement commences. (fd) The employee Employer must receive give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (ge) The Company Employer or the employee 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 or if the Company Employer and employee Employee agree in writing — at any time.

Flexibility Arrangements. (a) The Company 17.1. An employer and an employee Employee covered by this Enterprise Agreement the Company may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement that relate tothe 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; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:-; (1iv) meet allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the Company employer and employee Employee in relation to 1 or more of the matters mentioned in paragraph (1)(i) to (iiia); and (2c) the arrangement is genuinely be agreed to by the Company employer and employeeEmployee. (b) 17.2. The Company employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iiic) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. (c) 17.3. The Company employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Company employer and employeeEmployee; and (iiic) is signed by the Company employer and the 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 this Agreement 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 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. (f) . The employee employer must receive give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 17.4. The Company employer or the 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 if the Company employer and employee Employee agree in writing — at any time.

Flexibility Arrangements. (a) The Company 14.1. An employee and an employee the employer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement that relate tothe agreement to either: (ia) arrangements about when work is performed;vary the effect of sub-clause 109.1111.1 by allowing the employee to purchase additional annual leave over and above the entitlement provided for in sub-clause 109.1111.1; or (iib) overtime rates; (iii) penalty ratesvary the effect of clause 26 by allowing the employee to cash out part or all of the Accrued Time Off entitlement provided for in that clause; Any flexibility if the arrangement may only 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. Any individual flexibility arrangement must:- (1) meet meets the genuine needs of the Company employer and employee in relation to 1 or more of the matters contained in (1)(i) to (iii); and (2) this clause and the arrangement is genuinely be agreed to by the Company employer and employee. (b) 14.2. The Company employer must ensure that the terms of the any individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000FW Act; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000FW Act; and (iiic) result in the employee being better off overall than the employee would be have been if no arrangement was made. (c) 14.3. The Company employer must ensure that the any individual flexibility arrangementarrangement made under this term: (ia) is in writing; and (iib) includes the name of the Company employer and the employee; and (iiic) is signed by the Company employer and the employee and if the employee is under 18 years of age18, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of this Agreement 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. (f) 14.4. The employer must give the employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 14.5. The Company employer or the employee may terminate the individual flexibility arrangement:arrangement by (ia) by giving no more than 28 days written notice to the other party to of the arrangement; or (iib) If if the Company employer and employee agree in writing — – at any time. 14.6. Except as required by sub-clause 14.3 the employer must ensure that any individual flexibility arrangement made by the employer and an employee under this term does not require the approval or consent of another person.

Flexibility Arrangements. (a) 7.1. The Company Employer and an employee covered by this Agreement Apprentice may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement: (a) only varies the effect of terms of this Agreement that relate to:clause 14.1 (in) arrangements about when work is performed;“Single Day Annual Leave Absences”; and (iib) overtime rates; (iii) penalty rates; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:- (1) meet meets the genuine needs of the Company Employer and employee Apprentice in relation to 1 or more of the matters matter mentioned in (1)(i) to (iiiclause 7.1(a); and (2c) is genuinely be agreed to by the Company Employer and employeeApprentice; and (d) is not inconsistent with section 55 of the Act, which deals with interaction with the NES. (b) 7.2. The Company Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000Act; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act; and (iiic) result in the employee Apprentice being better off overall than the employee Apprentice would be if no arrangement was made. (c) 7.3. The Company Employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Company Employer and employeeApprentice; and (iiic) is signed by the Company Employer and the employee Apprentice and if the employee Apprentice is under 18 years of age, signed by a parent or guardian of the employeeApprentice; and (d) includes details of: (i) the terms of 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 Apprentice 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. (f) 7.4. The employee Employer must receive give the Apprentice a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 7.5. The Company Employer or the employee Apprentice may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days days’ written notice to the other party to the arrangement; or (iib) If if the Company Employer and employee Apprentice agree in writing — – at any time.

Flexibility Arrangements. (Individual flexibility arrangements a) The Company Notwithstanding any other provision of this Agreement, an employer and an individual employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect application of certain terms of this Agreement that relate toto meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (i) arrangements about for when work is performed; (ii) overtime rates; (iii) penalty rates; iv) allowances; Any flexibility arrangement may and v) leave loading. b) The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only allow for up be entered into after the individual employee has commenced employment with the employer. c) The agreement between the employer and the individual employee must: i) be confined to 12 hours per day to be worked at ordinary time. Provided that weekly ordinary hours a variation in the application of work shall be an average of 36 per week and shall not exceed 144 hours in 28 consecutive days. Any individual flexibility arrangement must:- (1) meet the genuine needs of the Company and employee in relation to 1 one or more of the matters terms listed in (1)(i) to (iiiclause 21(a); and (2) genuinely be agreed to by the Company and employee. (b) The Company must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (iii) result in the employee being better off overall at the time the agreement is made than the employee would be have been if no arrangement was madeindividual flexibility agreement had been agreed to. (cd) The Company must ensure that agreement between the employer and the individual flexibility arrangementemployee must also: (i) is be in writing; and (ii) includes , name the name of parties to the Company agreement and employee; and (iii) is be signed by the Company employer and the individual employee and and, if the employee is under 18 years of age, signed by a the employee’s parent or guardian of the employee; andguardian; (dii) includes details of: i) the terms state each term of this Agreement that will be varied by the arrangementemployer and the individual employee have agreed to vary; ii) how the arrangement will vary the effect of the terms; and iii) detail how the application of each term has been varied by agreement between the employer and the individual employee; iv) detail how the agreement results in the individual employee will be being better off overall in relation to the individual employee’s terms and conditions of his or her employment as a result of the arrangementemployment; and (v) state the date the agreement commences to operate. e) states The employer must give the day on which the arrangement commences. (f) The individual employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed toagreement and keep the agreement as a time and wages record. (f) Except as provided in clause 21(d)(i) the agreement must not require the approval or consent of a person other than the employer and the individual employee. g) The Company or An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. h) The agreement may terminate the individual flexibility arrangementbe terminated: (i) by the employer or the individual employee giving no more than 28 days written 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the arrangementend of the notice period; or (ii) If the Company and employee agree in writing — at any time, by written agreement between the employer and the individual employee. i) The notice provisions in clause 21(h)(i) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 21(h)(i), subject to four weeks ‘notice of termination. j) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.

Flexibility Arrangements. (a) The Company 13.1 An employee and an employee the employer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this the Agreement that relate toto either: (ia) arrangements about when work is performed;vary the effect of sub-clause 118.1 by allowing the employee to purchase additional annual leave over and above the entitlement provided for in sub-clause 118.1; or (iib) overtime rates; (iii) penalty ratesvary the effect of clause 27 by allowing the employee to cash out part or all of the Accrued Time Off entitlement provided for in that clause; Any flexibility if the arrangement may only 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. Any individual flexibility arrangement must:- (1) meet meets the genuine needs of the Company employer and employee in relation to 1 or more of the matters contained in (1)(i) to (iii); and (2) this clause and the arrangement is genuinely be agreed to by the Company employer and employee. (b) 13.2 The Company employer must ensure that the terms of the any individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000FW Act; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000FW Act; and (iiic) result in the employee being better off overall than the employee would be have been if no arrangement was made. (c) 13.3 The Company employer must ensure that the any individual flexibility arrangementarrangement made under this term: (ia) is in writing; and (iib) includes the name of the Company employer and the employee; and (iiic) is signed by the Company employer and the employee and if the employee is under 18 years of age18, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of this the Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; (iii) states the day on which the arrangement commences; and iii(iv) 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. (f) 13.4 The employer must give the employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 13.5 The Company employer or the employee may terminate the individual flexibility arrangementarrangement by: (ia) by giving no more than 28 days written notice to the other party to of the arrangement; or (iib) If if the Company employer and employee agree in writing — – at any time. 13.6 Except as required by sub-clause 13.3 the employer must ensure that any individual flexibility arrangement made by the employer and an employee under this term does not require the approval or consent of another person.

Flexibility Arrangements. (a) 60.1 The Company and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect hours of terms of this Agreement that relate towork arrangement provided in Clause 12, provided: (ia) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; Any flexibility arrangement flexible agreement may only allow for up to 12 hours per day to be worked at ordinary time. Provided , 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. Any individual flexibility Such an arrangement must:-shall not extend the spread of ordinary hours beyond 6.00 am to 6.00 pm; and (1b) meet The arrangement meets the genuine needs of the Company and employee in relation to 1 or more of the matters in (1)(i) to (iii)employee; and (2c) Is genuinely be agreed to by the Company and the employee. (b) 60.2 The Company employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009 ; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009 ; and (iiic) result in the employee being better off overall than the employee would be if no arrangement was made. (c) 60.3 The Company must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Company and employeethe Employee; and (iii) is signed by the Company and the employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and (div) includes details of: i) the terms of this Agreement that will be varied by the arrangement; ii) a. how the arrangement will vary the effect of the termsterms of this Agreement; and iii) b. how the employee Employee will be better off overall in relation to the terms and conditions of his or his/her employment as a result of the arrangement; and (ev) states the day on which the arrangement commences. (fd) The employee Employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (ge) The Company or the employee 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 if the Company and employee Employee agree in writing — writing, at any time.

Flexibility Arrangements. (a) The Company 6.4.1 An employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement that relate tothe 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; Any flexibility arrangement may only 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. Any individual flexibility arrangement must:-; (1iv) meet allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the Company employer and employee in relation to 1 or more of the matters mentioned in paragraph (1)(i) to (iiia); and (2c) the arrangement is initiated by the employee and genuinely be agreed to by the Company employer and employee. (b) 6.4.2 The Company employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iiic) result in the employee being better off overall than the employee would be if no arrangement was made. (c) 6.4.3 The Company employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the Company employer and employee; and (iiic) is signed by the Company employer 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 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. (f) 6.4.4 The employer must give the employee must receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 6.4.5 The Company employer or the 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 if the Company employer and employee agree in writing — at any time.