Flexibility Clause Sample Clauses
A Flexibility Clause is a contractual provision that allows one or both parties to adapt certain terms of the agreement in response to changing circumstances. Typically, this clause outlines the specific conditions under which modifications can be made, such as shifts in market conditions, regulatory changes, or unforeseen events, and may require mutual consent or notice before adjustments take effect. Its core practical function is to provide adaptability within the contract, helping parties manage uncertainty and maintain the relevance and effectiveness of their agreement over time.
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Flexibility Clause. 40.1 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 the following matter:
(i) arrangements about when work is performed;
(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.
40.2 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.
40.3 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.
40.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
40.5 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.
Flexibility Clause. The Plan aims to provide timely, active and flexible support to the identified needs of Greece. The foreseen activities will be implemented in consideration of the changing circumstances of the international protection and reception systems in the Member States, as well as any specific circumstances on the ground, and subject to the availability of financial resources and experts. The schedule of the measures and tasks in the Plan is a forecast and may change. Any change will be subject to a discussion between EASO and Greece. The Executive Director of EASO is authorised to make changes that may be accommodated within the objectives of a measure without requiring an amendment of the Plan, provided that they do not affect the overall budget and that Greece is timely informed in writing. The Plan may be amended at any time in order to reflect the new operational developments in accordance with Article 18(2) of the EASO Regulation.
Flexibility Clause. An Employer and a Teacher covered by this 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:
Flexibility Clause. (a) An Employer and a Teacher covered by this 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:
(A) arrangements about when work is performed;
(B) allowances; and
(C) leave loading.
(ii) the arrangement meets the genuine needs of the Employer and the Teacher in relation to 1 or more of the matters mentioned in paragraph (a); and
(iii) the arrangement is genuinely agreed to by the Employer and the Teacher.
(b) The Employer must ensure that the terms of the individual flexibility arrangement:
(i) are about permitted matters under section 172 of the Act; and
(ii) are not unlawful terms under section 194 of the Act; and
(iii) result in the Teacher being better off overall than the Teacher 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 the Teacher; and
(iii) is signed by the Employer and the Teacher and if the Teacher is under 18 years of age, signed by a parent or guardian of the Teacher; and
(iv) includes details of:
(A) the terms of the Agreement that will be varied by the arrangement; and
(B) how the arrangement will vary the effect of the terms; and
(C) how the Teacher 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 Teacher a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(e) The Employer or Teacher 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 Teacher agree in writing at any time.
Flexibility Clause. 27.1 An Employer and Employee covered by this 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; and
(v) leave loading.
(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.
27.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
27.3 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 18years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the 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.
27.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
27.5 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 Clause. 29.1 An Employer and a Teacher covered by this 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:
(i) arrangements about when work is performed;
(ii) allowances; and
(iii) leave loading. the arrangement meets the genuine needs of the Employer and the Teacher in relation to 1 or more of the matters mentioned in clause 29.1(a); and the arrangement is genuinely agreed to by the employer and the Teacher.
29.2 The Employer must ensure that the terms of the individual flexibility arrangement: are about permitted matters under section 172 of the Act; and are not unlawful terms under section 194 of the Act; and result in the Teacher being better off overall than the Teacher would be if no arrangement was made.
29.3 The Employer must ensure that the individual flexibility arrangement: is in writing; and includes the name of the employer and the Teacher; and is signed by the employer and the Teacher and if the Teacher is under 18 years of age, signed by a parent or guardian of the Teacher; and 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 Teacher will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and states the day on which the arrangement commences.
29.4 The employer must give the Teacher a copy of the individual flexibility arrangement within 14 days after it is agreed to.
29.5 The employer or the Teacher may terminate the individual flexibility arrangement: by giving no more than 28 days written notice to the other party to the arrangement; or if the employer and the Teacher agree in writing — at any time.
Flexibility Clause. (a) 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:
(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) is genuinely agreed to by the employer and employee.
(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 2009; and
(ii) are not unlawful terms under section 194 of the Fair Work Act 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 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 Clause. 26.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
26.1.1 the agreement deals with 1 or more of the following matters:
26.1.1.1 arrangements about when work is performed;
26.1.1.2 overtime rates;
26.1.1.3 penalty rates;
26.1.1.4 allowances;
26.1.1.5 leave loading; and
26.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in subclause 26.1.1; and
26.1.3 the arrangement is genuinely agreed to by the Employer and Employee.
26.2 The Employer must ensure that the terms of the individual flexibility arrangement:
26.2.1 are about permitted matters under section 172 of the Fair Work Act 2009; and
Flexibility Clause. 27.1 An Employer and a Teacher covered by this 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:
(i) arrangements about when work is performed;
(ii) allowances; and
(iii) leave loading. the arrangement meets the genuine needs of the Employer and the Teacher in relation to 1 or more of the matters mentioned in paragraph (a); and the arrangement is genuinely agreed to by the employer and the Teacher.
27.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the Teacher being better off overall than the Teacher would be if no arrangement was made.
27.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and the Teacher; and
(c) is signed by the employer and the Teacher and if the Teacher is under 18 years of age, signed by a parent or guardian of the Teacher; and
(d) includes details of:
Flexibility Clause. 49.1 Healthscope 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:
49.1.1 the agreement deals with 1 or more of the following matters:
49.1.1.1 arrangements about when work is performed;
49.1.1.2 overtime rates;
49.1.1.3 penalty rates;
49.1.1.4 allowances;
49.1.1.5 leave loading; and
49.1.2 is genuinely agreed to by Healthscope and employee.
49.2 Healthscope must ensure that the terms of the individual flexibility arrangement:
49.2.1 are about permitted matters under section 172 of the Act; and
49.2.2 are not unlawful terms under section 194 of the Act; and
49.2.3 result in the employee being better off overall than the employee would be if no arrangement was made.
49.3 Healthscope must ensure that the individual flexibility arrangement:
49.3.1 is in writing; and
49.3.2 includes the name of Healthscope and employee; and
49.3.3 is signed by Healthscope and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
49.3.4 includes details of:
49.3.4.1 the terms of the enterprise agreement that will be varied by the arrangement; and
49.3.4.2 how the arrangement will vary the effect of the terms; and
49.3.4.3 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 states the day on which the arrangement commences.
49.4 Healthscope must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
49.5 Healthscope or employee may terminate the individual flexibility arrangement:
49.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or
49.5.2 if Healthscope and employee agree in writing - at any time.