Common use of Flexibility Clause Clause in Contracts

Flexibility Clause. 1.8.1 The Company 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: (a) the Agreement deals with arrangements about when work is performed (which may include but is not limited to guaranteed weekly earnings arrangements and working rosters for relievers); (b) the arrangement meets the genuine needs of the Company and the employee in relation to the matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Company and the employee. 1.8.2 The Company 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. 1.8.3 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 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 this Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of those 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. 1.8.4 The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.8.5 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 the employee agree in writing at any time.

Appears in 1 contract

Samples: Officers Collective Agreement

AutoNDA by SimpleDocs

Flexibility Clause. 1.8.1 12.1. The Company Secretary 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: (a) a. the Agreement deals with one (1) or more of the following matters: 1. arrangements about when work is performed (which may include but is not limited to guaranteed weekly earnings arrangements and working rosters for relievers)performed; (b) 2. overtime rates; 3. penalty rates; 4. allowances; 5. remuneration; and/or 6. leave; and b. the arrangement meets the genuine needs of the Company department and the employee in relation to one (1) or more of the matter matters mentioned in paragraph (a); and (c) c. the arrangement is genuinely agreed to by the Company Secretary and the employee. 1.8.2 12.2. The Company Secretary must ensure that the terms of the individual flexibility arrangement: (a) :  are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) and  are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) and  result in the employee being better off overall than the employee would be if no arrangement was made. 1.8.3 12.3. The Company Secretary must ensure that the individual flexibility arrangement: (a) :  is in writing; and (b) and  includes the name of the Company department and the employee; and (c) and  is signed by the employer Secretary and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) and  includes details of: (i) i. the terms of this Agreement that will be varied by the arrangement; and (ii) . how the arrangement will vary the effect of those 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) iv. states the day on which the arrangement commencescommences and, where applicable, when the arrangement ceases. 1.8.4 12.4. The Company Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.8.5 12.5. The Company Secretary or the 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) or  if the Company Secretary and the employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Flexibility Clause. 1.8.1 24.1. The Company and an employee Supervisor 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 (which may include but is not limited to guaranteed weekly earnings arrangements and working rosters for relievers)performed; (bii) the arrangement meets the genuine needs of the Company and the employee Supervisor in relation to the matter matters mentioned in paragraph (a); and (ciii) the arrangement is genuinely agreed to by the Company and the employeeSupervisor. 1.8.2 24.2. The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the employee Supervisor being better off overall than the employee Supervisor would be if no arrangement was made. 1.8.3 24.3. The Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Company and the employeeSupervisor; and (c) is signed by the employer Company and employee Supervisor and if the employee Supervisor is under 18 years of age, signed by a parent or guardian of the employeeSupervisor; and (d) includes details of: (i) the terms of this the Enterprise Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of those the terms; and (iii) how the employee Supervisor will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 1.8.4 24.4. The Company must give the employee Supervisor a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.8.5 24.5. The Company or employee Supervisor 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 employer and the employee Supervisor agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Flexibility Clause. 1.8.1 The Company and an employee covered by this the Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the Agreement arrangement deals with one or more of the following matters: 1. arrangements about when work is performed (which may include but is not limited to guaranteed weekly earnings arrangements and working rosters for relievers)performed; (2. overtime rates; 3. penalty rates; 4. allowances; 5. leave loading; and b) the arrangement meets the genuine needs of the Company and the employee in relation to one or more of the matter matters mentioned in paragraph (clause 7. a); , and (c) the arrangement is genuinely agreed to by the Company and the employee. 1.8.2 d) The Company must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under section 172 of the Fair Work Act 2009 (Cth) (FW Act); and (bii) are Are not unlawful terms under section 194 of the FW Act; and (ciii) result Result in the employee being better off overall than the employee would be if no arrangement was made. 1.8.3 e) The Company must ensure that the individual flexibility arrangement: (ai) is Is in writing; and (bii) includes Includes the name of the Company employer and the employee; and (ciii) is 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 (div) includes Includes details of: (i) of the terms of this the Agreement that will be varied by the arrangement; and (iiv) how How the arrangement will vary the effect of those the terms; and (iiivi) how 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 (evii) states States the day on which the arrangement commences. 1.8.4 f) The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed toagreed. 1.8.5 g) The Company or the employee may terminate the individual flexibility arrangement: (ai) by By giving no more than 28 days written notice to the other party to the arrangement; or (bii) if If the Company and the employee agree in writing writing, at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Flexibility Clause. 1.8.1 The Company 20.1. 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 the Agreement agreement if: (a) the Agreement arrangement deals with arrangements about when work leave is performed (which may include but is not limited to guaranteed weekly earnings arrangements and working rosters for relievers)be taken in accordance with clause 121; (b) the arrangement meets the genuine needs of the Company employer and the employee in relation to the matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Company employer and the employee. 1.8.2 20.2. The Company employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 1.8.3 20.3. The Company employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Company employer and the 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 this Agreement the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of those 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. 1.8.4 20.4. The Company employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.8.5 20.5. The Company 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 Company employer and the employee agree in writing at any time. 20.6. The employer agrees to provide the UFU with a copy of any individual flexibility arrangement within 7 days of the arrangement being entered into.

Appears in 1 contract

Samples: Operational Staff Enterprise Agreement

AutoNDA by SimpleDocs

Flexibility Clause. 1.8.1 The Company (a) 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 the Agreement agreement if: (ai) the Agreement agreement deals with 1 or more of the following matters: (1) arrangements about when work is performed (which may include but is not limited to guaranteed weekly earnings arrangements and working rosters for relievers)performed; (b2) the arrangement meets the genuine needs of the Company and the employee in relation to the matter mentioned in paragraph overtime rates; (a)3) penalty rates; (4) allowances; (5) leave loading; and (cii) the arrangement is genuinely agreed to by the Company employer and the employee. 1.8.2 (b) The Company employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. 1.8.3 (c) The Company employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Company employer and the employee; and (ciii) 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 (div) includes details of: (i1) the terms of this Agreement the enterprise agreement that will be varied by the arrangement; and (ii2) how the arrangement will vary the effect of those the terms; and (iii3) 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) arrangement and states the day on which the arrangement commences. 1.8.4 (d) The Company employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.8.5 (e) The Company employer or employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Company employer and the employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Flexibility Clause. 1.8.1 The Company 40.1 An 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: (a) the Agreement deals with the following matter: (i) arrangements about when work is performed (which may include but is not limited to guaranteed weekly earnings arrangements and working rosters for relievers)performed; (b) the arrangement meets the genuine needs of the Company employer and the employee in relation to 1 or more of the matter matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Company employer and the employee. 1.8.2 40.2 The Company employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 1.8.3 40.3 The Company employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Company employer and the 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 this the Enterprise Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of those 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. 1.8.4 40.4 The Company employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.8.5 40.5 The Company 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 Company employer and the employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Flexibility Clause. 1.8.1 The Company (1) An employer and an employee Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the Agreement agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed performed; (which may include but is not limited to guaranteed weekly earnings arrangements and working rosters for relievers);ii) allowances; and (iii) leave loading. (b) the arrangement meets the genuine needs of the Company employer and the employee Employee in relation to 1 or more of the matter matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Company employer and the employeeEmployee. 1.8.2 (2) The Company employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Xxx 0000; and (b) are not unlawful terms under section 194 of the ActFair Work Xxx 0000; and (c) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. 1.8.3 (3) The Company employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Company employer and the employeeEmployee; and (c) 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 (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 those 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. 1.8.4 (4) The Company employer must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.8.5 (5) The Company employer or employee 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 employer and the employee Employee agree in writing at any time.

Appears in 1 contract

Samples: Multi Enterprise Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!