Common use of Flexibility Arrangements Clause in Contracts

Flexibility Arrangements. 41.1 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. 41.2 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 41.1 and must be genuinely agreed to by DHA and the employee. 41.3 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. 41.4 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. 41.5 DHA must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 41.6 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.

Appears in 1 contract

Samples: Enterprise Agreement

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Flexibility Arrangements. 41.1 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. 41.2 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 41.1 32.1 and must be genuinely agreed to by DHA and the employee. 41.3 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. 41.4 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. 41.5 33.5 DHA must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 41.6 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.

Appears in 1 contract

Samples: Enterprise Agreement

Flexibility Arrangements. 41.1 The Managing Director ‌ 2.1 To meet the genuine needs of the Employer and an employee covered by this Agreement individual Employees, the parties may agree to make an individual flexibility arrangement to vary the effect application of this Agreement in relation to the following terms of this the Agreement: (a) arrangements about when work is performed;hours of work. (b) overtime rates;rates of pay. (c) penalty rates;rates of pay. (d) allowances;; and (e) remuneration; and/or (f) leaveannual leave loading. 41.2 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 41.1 and must be genuinely agreed to by DHA and the employee. 41.3 DHA 2.2 The Employer must ensure that the terms of an the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act;; and (b) are not unlawful terms under section 194 of the Fair Work Act; and (c) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. 41.4 DHA 2.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of XXX the Employer and the employee;Employee; and (c) is signed by XXX the 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 because of the arrangement; and (ive) states the day on which the arrangement commences and, where applicable, when the arrangement xxxxxxcommences. 41.5 DHA 2.4 The Employer must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 41.6 DHA 2.5 The Employer or the employee 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 DHA the Employer and employee Employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

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Flexibility Arrangements. 41.1 29.1 The Managing Director CEO 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 AgreementAgreement if: (a) the arrangement meets the genuine needs of the Council and the employee; and (b) the arrangement is genuinely agreed to by the CEO and the employee. 29.2 The effect of the following terms may be varied in an individual flexibility arrangement: (a) base salary; and (b) any terms concerning: (i) leave arrangements; (ii) arrangements about for when work is performed; (biii) overtime eligibility and rates; (civ) eligibility for and payment of penalty rates; (dv) annual leave loading; and (vi) allowances; (e) remuneration; and/or (f) leave. 41.2 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 41.1 and must be genuinely agreed to by DHA and the employee. 41.3 DHA 29.3 The CEO 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. 41.4 DHA 29.4 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of XXX the Council and the employee; (c) is signed by XXX the CEO 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 the 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 (ive) states the day on which the arrangement commences and, where applicable, when the arrangement xxxxxxcommences. 41.5 DHA 29.5 The CEO must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 41.6 DHA or 29.6 The CEO and 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 the CEO and the employee agree in writing – at any time.

Appears in 1 contract

Samples: Enterprise Agreement

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