Common use of Flexibility Clause Clause in Contracts

Flexibility Clause. 26.1 The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of this Agreement as follows: (a) the Agreement deals with the following matter: (i) the arrangements about when work is performed (b) the arrangement meets the genuine needs of the Company 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 Company and Employee. 26.2 The Company must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the FW Act; and (ii) are not unlawful terms under section 194 of the FW Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 26.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Company and Employee; and (c) is signed by the 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 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 their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 26.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 26.5 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 Employee agree in writing, at any time.

Flexibility Clause. 26.1 The Company An Employee and an Employee covered by this Agreement Xxxxxx may agree to make an arrangement (individual flexibility arrangement to vary arrangement) varying the effect of certain terms of this Agreement as follows: (a) in relation the Agreement deals with the following matter: (i) the arrangements about when work is performed (b) the arrangement meets Employee and Silcar, in order to meet the genuine needs of the Company Employee and Employer. The terms that may be varied are: Parental leave (for example, Xxxxxx and the Employee may agree that the maximum period of unpaid parental leave be increased); and Long service leave (for example, where the Employee has an entitlement to a period of long service leave, Silcar and the Employee may agree that the Employee can take twice that period of long service leave at half pay). Leave in relation to volunteer work on relief and development projects in Australia or overseas Any individual flexibility arrangement agreed to under this Enterprise Agreement must be genuinely agreed to by Xxxxxx and the Employee. Xxxxxx must not exert undue influence or undue pressure on an Employee in relation to 1 or more the making of an individual flexibility arrangement. Where Xxxxxx seeks to enter into an individual flexibility arrangement, Xxxxxx must provide a written proposal to the matters mentioned in paragraph (a); and (c) Employee. Where the arrangement Employee’s understanding of written English is genuinely agreed limited Xxxxxx must take measures, including translation into an appropriate language, to by ensure the Company and Employee. 26.2 The Company Employee understands the proposal. Xxxxxx must ensure that the terms of the any individual flexibility arrangement: (i) are about permitted matters arrangement agreed to under section 172 of this Enterprise Agreement must: not include a term that would be an unlawful term if the FW Actarrangement were an Enterprise Agreement; and (ii) are not unlawful terms under section 194 of the FW Act; and (iii) and result in the Employee being better off overall than the Employee would be have been if no individual arrangement was made. 26.3 The Company must ensure that the individual flexibility arrangement: (a) is were agreed to; and be in writing; and (b) includes the name of the Company writing and Employee; and (c) is signed signed: in all cases – by the Company Employee and Employee Xxxxxx; and if the Employee is under 18 years of age, signed eighteen (18) – by a parent or guardian of the Employee, and name the parties to the agreement; and (d) includes details and state each term of this agreement that Xxxxxx and the Employee have agreed to vary the effect of: (i) ; and detail how the terms effect of the Enterprise Agreement that will be each term has been varied by the individual flexibility arrangement; and (ii) and detail how the arrangement will vary the effect of the terms; and (iii) how individual flexibility agreement results in the Employee will be being better off overall in relation to the Employee’s terms and conditions of their employment as a result employment; and state the date the agreement commences to operate; and be able to be terminated: by either the Employee, or Xxxxxx, giving written notice of the arrangementnot more than twenty-eight (28) days; and (e) states the day on which the arrangement commences. 26.4 The Company must give or by the Employee and Xxxxxx at any time if they agree, in writing, to the termination. Xxxxxx must ensure that a copy of the any individual flexibility arrangement agreed to under this Agreement is given to the Employee within 14 fourteen (14) days after it is agreed to. 26.5 The Company or Employee may terminate the . A copy of any individual flexibility arrangement: (a) arrangement agreed to under this Agreement must be kept as a time and wages record. No individual flexibility arrangement agreed under this Agreement may operate retrospectively. Silcar must provide the Union details of any or all individual flexibility arrangements if reasonably requested to do so by giving no more than 28 days written notice the union. A union’s request will be reasonable if the request relates to the other party union’s legitimate role in representing Employees covered by the agreement. For the avoidance of doubt, this provision does not confer an entitlement to enter premises. For the arrangement; or avoidance of doubt, except in relation to 2.6.6(d) (b) if the Company ii), which relates to signing arrangements concerning parents or guardians of Employees who are less than eighteen (18), nothing in this agreement requires any individual flexibility arrangement agreed to by Xxxxxx and Employee agree under this agreement to be approved, or consented to, by another person. Nothing in writing, at any timethis clause shall limit or otherwise effect the provisions in clause 6.1.

Flexibility Clause. 26.1 The Company ‌ 28.1 An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of this clauses of the Agreement as followsif: (a) 28.1.1 the Agreement agreement deals with one or more of the following matter: (i) the matters: ▪ arrangements about when work is performed; ▪ overtime rates; ▪ penalty rates; ▪ allowances; ▪ leave loading; and (b) 28.1.2 the arrangement meets the genuine needs of the Company Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph (a)subclause 28.1.1; and (c) 28.1.3 the arrangement is genuinely agreed to by the Company Employer and Employee. 26.2 28.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (i) 28.2.1 are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (ii) 28.2.2 are not unlawful terms clauses under section 194 of the FW ActFair Work Act 2009; and (iii) 28.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 26.3 28.3 The Company Employer must ensure that the individual flexibility arrangement: (a) 28.3.1 is in writing; and (b) 28.3.2 includes the name of the Company Employer and Employee; and (c) 28.3.3 is signed by the Company Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) 28.3.4 includes details of: (i) : ▪ the terms clauses of the Enterprise Agreement that will be varied by the arrangement; and (ii) and ▪ how the arrangement will vary the effect of the terms; and (iii) and ▪ how the Employee will be better off overall in relation to the terms and conditions of their employment his or her Employment as a result of the arrangement; and (e) 28.3.5 states the day on which the arrangement commences. 26.4 28.4 The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 26.5 28.5 The Company Employer or Employee may terminate the individual flexibility arrangement: (a) 28.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 28.5.2 28.5.3 if the Company Employer and Employee agree in writing, writing - at any time.

Flexibility Clause. 26.1 The Company 2.6.1. An Employee and an Employee covered by this Agreement the Employer may agree to make an arrangement (individual flexibility arrangement to vary arrangement) varying the effect of certain terms of this Agreement as followsagreement in relation the Employee and the Employer, in order to meet the genuine needs of the Employee and Employer; 2.6.2. The terms that may be varied are: (a) Parental leave (for example, the Agreement deals with Employer and the following matter: (i) Employee may agree that the arrangements about when work is performed (b) the arrangement meets the genuine needs maximum period of the Company and Employee in relation to 1 or more of the matters mentioned in paragraph (aunpaid parental leave be increased); and (cb) Long service leave (for example, where the Employee has an entitlement to a period of long service leave, the Employer and the Employee may agree that the Employee can take twice that period of long service leave at half pay). 2.6.3. Any individual flexibility arrangement is agreed to under this enterprise agreement must be genuinely agreed to by the Company Employer and the Employee. 26.2 2.6.4. The Company Employer must not exert undue influence or undue pressure on an Employee in relation to the making of an individual flexibility arrangement. 2.6.5. Where the Employer seeks to enter into an individual flexibility arrangement, the Employer 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. 2.6.6. The Employer must ensure that the terms of the any individual flexibility arrangementarrangement agreed to under this enterprise agreement must: (ia) are be about matters that would be permitted matters under section 172 of if the FW Actarrangement were an enterprise agreement; and (iib) are not include a term that would be an unlawful terms under section 194 of term if the FW Actarrangement were an enterprise agreement; and (iiic) result in the Employee being better off overall than the Employee would be have been if no individual arrangement was made. 26.3 The Company must ensure that the individual flexibility arrangement: (a) is in writingwere agreed to; and (bd) includes be in writing and signed: (i) in all cases – by the name of Employee and the Company and EmployeeEmployer; and (cii) is signed by the Company and Employee and if the Employee is under 18 years of age, signed – by a parent or guardian of the Employee, and (e) name the parties to the agreement; and (df) includes details state each term of this agreement that the Employer and the Employee have agreed to vary the effect of:; and (ig) detail how the terms effect of the Enterprise Agreement that will be each term has been varied by the individual flexibility arrangement; and (iih) detail how the arrangement will vary the effect of the terms; and (iii) how individual flexibility agreement results in the Employee will be being better off overall in relation to the Employee’s terms and conditions of their employment as a result of the arrangementemployment; and (ei) states state the day on which date the arrangement commencesagreement commences to operate; and (j) be able to be terminated: (i) by either the Employee, or the Employer, giving written notice of not more than 28 days; or (ii) by the Employee and the Employer at any time if they agree, in writing, to the termination. 26.4 2.6.7. The Company Employer must give the Employee ensure that a copy of the any individual flexibility arrangement agreed to under this agreement is given to the Employee within 14 days after it is agreed to; 2.6.8. A copy of any individual flexibility arrangement agreed to under this agreement must be kept as a time and wages record; 2.6.9. No individual flexibility arrangement agreed under this agreement may operate retrospectively; 2.6.10. The Employer must provide the Union details of any or all individual flexibility arrangements if reasonably requested to do so by the union. A union’s request will be reasonable if the request relates to the union’s legitimate role in representing Employees covered by the agreement. For the avoidance of doubt, this provision does not confer an entitlement to enter premises. 26.5 The Company 2.6.11. For the avoidance of doubt, except in relation to 2.6.6(d)(ii), which relates to signing arrangements concerning parents or Employee may terminate the guardians of Employees who are less than 18, nothing in this agreement requires any individual flexibility arrangement: (a) arrangement agreed to by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Company Employer and Employee agree in writingunder this agreement to be approved, at any timeor consented to, by another person.

Flexibility Clause. 26.1 The Company 27.1 An Employer and an Employee covered by this Agreement may agree to make an individual anindividual flexibility arrangement to vary the effect of this terms of the Agreement as followsif: (a) the Agreement agreement deals with 1 or more of the following mattermatters: (i) the 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 Company 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 Company Employer and Employee. 26.2 27.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the FW Act; and (iib) are not unlawful terms under section 194 of the FW Act; and (iiic) result in the Employee being better off overall than the Employee would be if no ifno arrangement was made. 26.3 27.3 The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Company Employer and Employee; and (c) is signed by the Company Employer and Employee and if the Employee is under 18 years 18years 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 termsand conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 26.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 26.5 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 Employee agree in writing, at any time.