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

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Flexibility Clause. 1.8.1 The Company 13.2.1 Saputo and an employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect effects of terms of the Agreement agreement if: (a) the Agreement 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);performed. (b) the The arrangement meets the genuine needs of the Company Saputo and the employee in relation to the matter matters mentioned in paragraph (a); and (c) the The arrangement is genuinely agreed to by the Company Saputo and the employee. 1.8.2 The Company 13.2.2 Saputo must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are Are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result Result in the employee being better off overall than the employee would be if no arrangement was made. 1.8.3 The Company 13.2.3 Saputo 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 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) 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 (eiv) states the day on which the arrangement commences. 1.8.4 The Company 13.2.4 Saputo must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 1.8.5 The Company 13.2.5 Saputo or the employee may terminate the individual flexibility arrangement: (a) by giving no more less 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: Enterprise Agreement

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 ‌ (a) VenuesLive and an employee covered by this Agreement may agree to make an individual flexibility arrangement agreement to vary the effect of the terms of the this Agreement if: (ai) the Agreement 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)one or more matters arising under this Agreement; (bii) the arrangement meets the genuine needs of the Company VenuesLive and the employee in relation to the matter mentioned in paragraph (a)one or more matters arising under this Agreement; and (ciii) the arrangement is genuinely agreed to by the Company VenuesLive and the employee. 1.8.2 The Company (b) VenuesLive must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act; (ii) are not unlawful terms under the Act; and (b) are not unlawful terms under section 194 of the Act; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. 1.8.3 The Company (c) VenuesLive must ensure that the individual flexibility arrangement: (ai) is in writing; and; (bii) includes the name of the Company VenuesLive and the employee; and; (ciii) is signed by VenuesLive and 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: (iA) the terms of this Agreement that will be varied by the arrangement; and; (iiB) how the arrangement will vary the effect of those the terms; and (iiiC) 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: Casual Employees 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

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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 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 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

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