Common use of Flexibility Clause Clause in Contracts

Flexibility Clause. An Employee and Xxxxxx may agree to an arrangement (individual flexibility arrangement) varying the effect of certain terms of this Agreement in relation the Employee and Silcar, in order to meet the genuine needs of the 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 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 Employee. Where the Employee’s understanding of written English is limited Xxxxxx must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. Xxxxxx must ensure that any individual flexibility arrangement agreed to under this Enterprise Agreement must: not include a term that would be an unlawful term if the arrangement were an Enterprise Agreement; and result in the Employee being better off overall than the Employee would have been if no individual arrangement were agreed to; and be in writing and signed: in all cases – by the Employee and Xxxxxx; and if the Employee is under eighteen (18) – by a parent or guardian of the Employee, and name the parties to the agreement; and state each term of this agreement that Xxxxxx and the Employee have agreed to vary the effect of; and detail how the effect of each term has been varied by the individual flexibility arrangement; and detail how the individual flexibility agreement results in the Employee being better off overall in relation to the Employee’s terms and conditions of 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 not more than twenty-eight (28) days; or by the Employee and Xxxxxx at any time if they agree, in writing, to the termination. Xxxxxx must ensure that a copy of any individual flexibility arrangement agreed to under this Agreement is given to the Employee within fourteen (14) days after it is agreed to. A copy of any individual flexibility 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 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. For the avoidance of doubt, except in relation to 2.6.6(d) (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 under this agreement to be approved, or consented to, by another person. Nothing in this clause shall limit or otherwise effect the provisions in clause 6.1.

Flexibility Clause. 2.6.1. An Employee and Xxxxxx the Employer may agree to an arrangement (individual flexibility arrangement) varying the effect of certain terms of this Agreement agreement in relation the Employee and Silcarthe 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, Xxxxxx the Employer and the Employee may agree that the maximum period of unpaid parental leave be increased); and and (b) Long service leave (for example, where the Employee has an entitlement to a period of long service leave, Silcar 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. 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 enterprise agreement must be genuinely agreed to by Xxxxxx the Employer and the Employee. 2.6.4. Xxxxxx The 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 Xxxxxx the Employer seeks to enter into an individual flexibility arrangement, Xxxxxx the Employer must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited Xxxxxx the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 2.6.6. Xxxxxx The Employer must ensure that any individual flexibility arrangement agreed to under this Enterprise Agreement enterprise agreement must: : (a) be about matters that would be permitted matters if the arrangement were an enterprise agreement; and (b) not include a term that would be an unlawful term if the arrangement were an Enterprise Agreemententerprise agreement; and and (c) result in the Employee being better off overall than the Employee would have been if no individual arrangement were agreed to; and and (d) be in writing and signed: : (i) in all cases – by the Employee and Xxxxxxthe Employer; and and (ii) if the Employee is under eighteen (18) 18 – by a parent or guardian of the Employee, and and (e) name the parties to the agreement; and and (f) state each term of this agreement that Xxxxxx the Employer and the Employee have agreed to vary the effect of; and and (g) detail how the effect of each term has been varied by the individual flexibility arrangement; and and (h) detail how the individual flexibility agreement results in the Employee being better off overall in relation to the Employee’s terms and conditions of employment; and and (i) state the date the agreement commences to operate; and and (j) be able to be terminated: : (i) by either the Employee, or Xxxxxxthe Employer, giving written notice of not more than twenty-eight (28) 28 days; or or (ii) by the Employee and Xxxxxx the Employer at any time if they agree, in writing, to the termination. 2.6.7. Xxxxxx The Employer must ensure that a copy of any individual flexibility arrangement agreed to under this Agreement agreement is given to the Employee within fourteen (14) 14 days after it is agreed to; 2.6.8. A copy of any individual flexibility arrangement agreed to under this Agreement agreement must be kept as a time and wages record; 2.6.9. No individual flexibility arrangement agreed under this Agreement agreement may operate retrospectively; 2.6.10. Silcar 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. 2.6.11. For the avoidance of doubt, except in relation to 2.6.6(d) (ii2.6.6(d)(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 the Employer and Employee under this agreement to be approved, or consented to, by another person. Nothing in this clause shall limit or otherwise effect the provisions in clause 6.1.

Flexibility Clause. An 26.1 The Company and an Employee and Xxxxxx covered by this Agreement may agree to make an arrangement (individual flexibility arrangement) varying arrangement to vary the effect of certain terms of this Agreement in relation as follows: (a) the Employee and Silcar, in order to meet 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 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 1 or more of the matters mentioned in Australia or overseas Any individual flexibility paragraph (a); and (c) the arrangement agreed to under this Enterprise Agreement must be is genuinely agreed to by Xxxxxx the Company and Employee. 26.2 The Company must ensure that the Employee. Xxxxxx must not exert undue influence or undue pressure on an Employee in relation to terms of the making of an individual flexibility arrangement. Where Xxxxxx seeks to enter into an individual flexibility arrangement, Xxxxxx must provide a written proposal to : (i) are about permitted matters under section 172 of the Employee. Where FW Act; and (ii) are not unlawful terms under section 194 of the Employee’s understanding of written English is limited Xxxxxx must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. Xxxxxx must ensure that any individual flexibility arrangement agreed to under this Enterprise Agreement must: not include a term that would be an unlawful term if the arrangement were an Enterprise AgreementFW Act; and and (iii) result in the Employee being better off overall than the Employee would have been be if no arrangement was made. 26.3 The Company must ensure that the individual arrangement were agreed toflexibility arrangement: (a) is in writing; and (b) includes the name of the Company and be in writing and signed: in all cases – Employee; and (c) is signed by the Company and Employee and Xxxxxx; and if the Employee is under eighteen (18) – 18 years of age, signed by a parent or guardian of the Employee, and name ; and (d) includes details of: (i) the parties to terms of the agreementEnterprise Agreement that will be varied by the arrangement; and state each term of this agreement that Xxxxxx and and (ii) how the Employee have agreed to arrangement will vary the effect ofof the terms; and detail and (iii) how the effect of each term has been varied by the individual flexibility arrangement; and detail how the individual flexibility agreement results in the Employee being will be better off overall in relation to the Employee’s terms and conditions of employmenttheir employment as a result of the arrangement; and state and (e) states the date day on which the agreement commences to operate; and be able to be terminated: by either the Employee, or Xxxxxx, giving written notice of not more than twenty-eight (28) days; or by arrangement commences. 26.4 The Company must give the Employee and Xxxxxx at any time if they agree, in writing, to the termination. Xxxxxx must ensure that a copy of any the individual flexibility arrangement agreed to under this Agreement is given to the Employee within fourteen (14) 14 days after it is agreed to. A copy of any . 26.5 The Company or Employee may terminate the individual flexibility arrangement agreed arrangement: (a) by giving no more than 28 days written notice 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 other party to do so by the union. A union’s request will be reasonable arrangement; or (b) 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. For the avoidance of doubt, except in relation to 2.6.6(d) (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 Company and Employee under this agreement to be approvedagree in writing, or consented to, by another person. Nothing in this clause shall limit or otherwise effect the provisions in clause 6.1at any time.

Flexibility Clause. 27.1 An Employer and Employee and Xxxxxx covered by this Agreement may agree to an make anindividual flexibility arrangement (individual flexibility arrangement) varying to vary the effect of certain terms of this the Agreement in relation if: (a) the Employee and Silcar, in order to meet 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 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 1 or more of the matters mentioned in Australia or overseas Any individual flexibility paragraph (a); and (c) the arrangement agreed to under this Enterprise Agreement must be is genuinely agreed to by Xxxxxx the Employer and Employee. 27.2 The Employer must ensure that the Employee. Xxxxxx must not exert undue influence or undue pressure on an Employee in relation to terms of the making of an individual flexibility arrangement. Where Xxxxxx seeks to enter into an individual flexibility arrangement, Xxxxxx must provide a written proposal to : (a) are about permitted matters under section 172 of the Employee. Where Act; and (b) are not unlawful terms under section 194 of the Employee’s understanding of written English is limited Xxxxxx must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. Xxxxxx must ensure that any individual flexibility arrangement agreed to under this Enterprise Agreement must: not include a term that would be an unlawful term if the arrangement were an Enterprise AgreementAct; and and (c) result in the Employee being better off overall than the Employee would have been if no be ifno arrangement was made. 27.3 The Employer must ensure that the individual arrangement were agreed toflexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and be in writing and signed: in all cases – Employee; and (c) is signed by the Employer and Employee and Xxxxxx; and if the Employee is under eighteen (18) – 18years of age, signed by a parent or guardian of the Employee, and name ; and (d) includes details of: (i) the parties to terms of the agreementAgreement that will be varied by the arrangement; and state each term of this agreement that Xxxxxx and and (ii) how the Employee have agreed to arrangement will vary the effect ofof the terms; and detail and (iii) how the effect of each term has been varied by the individual flexibility arrangement; and detail how the individual flexibility agreement results in the Employee being will be better off overall in relation to the Employee’s terms and termsand conditions of employment; and state the date the agreement commences to operate; and be able to be terminated: by either the Employee, his or Xxxxxx, giving written notice of not more than twenty-eight (28) days; or by the Employee and Xxxxxx at any time if they agree, in writing, to the termination. Xxxxxx must ensure that a copy of any individual flexibility arrangement agreed to under this Agreement is given to the Employee within fourteen (14) days after it is agreed to. A copy of any individual flexibility arrangement agreed to under this Agreement must be kept her employment as a time and wages record. No individual flexibility arrangement agreed under this Agreement may operate retrospectively. Silcar must provide result of 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. For the avoidance of doubt, except in relation to 2.6.6(d) (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 under this agreement to be approved, or consented to, by another person. Nothing in this clause shall limit or otherwise effect the provisions in clause 6.1.arrangement; and

Flexibility Clause. ‌ 28.1 An Employer and Employee and Xxxxxx covered by this Agreement may agree to make an arrangement (individual flexibility arrangement) varying arrangement to vary the effect of certain terms clauses of this the Agreement in relation if: 28.1.1 the Employee and Silcar, in order to meet agreement deals with one or more of the following matters: ▪ arrangements about when work is performed; ▪ overtime rates; ▪ penalty rates; ▪ allowances; ▪ leave loading; and 28.1.2 the arrangement meets the genuine needs of the Employer and 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 one or more of the matters mentioned in Australia or overseas Any individual flexibility subclause 28.1.1; and 28.1.3 the arrangement agreed to under this Enterprise Agreement must be is genuinely agreed to by Xxxxxx the Employer and Employee. 28.2 The Employer must ensure that the Employee. Xxxxxx must not exert undue influence or undue pressure on an Employee in relation to terms of the making of an individual flexibility arrangement. Where Xxxxxx seeks to enter into an individual flexibility arrangement, Xxxxxx must provide a written proposal to : 28.2.1 are about permitted matters under section 172 of the Employee. Where Fair Work Act 2009; and 28.2.2 are not unlawful clauses under section 194 of the Employee’s understanding of written English is limited Xxxxxx must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. Xxxxxx must ensure that any individual flexibility arrangement agreed to under this Enterprise Agreement must: not include a term that would be an unlawful term if the arrangement were an Enterprise AgreementFair Work Act 2009; and and 28.2.3 result in the Employee being better off overall than the Employee would have been be if no arrangement was made. 28.3 The Employer must ensure that the individual arrangement were agreed toflexibility arrangement: 28.3.1 is in writing; and 28.3.2 includes the name of the Employer and be in writing and signed: in all cases – Employee; and 28.3.3 is signed by the Employer and Employee and Xxxxxx; and if the Employee is under eighteen (18) – 18 years of age, signed by a parent or guardian of the Employee, and name ; and 28.3.4 includes details of: ▪ the parties to clauses of the agreementAgreement that will be varied by the arrangement; and state each term of this agreement that Xxxxxx and ▪ how the Employee have agreed to arrangement will vary the effect ofof the terms; and detail ▪ how the effect of each term has been varied by the individual flexibility arrangement; and detail how the individual flexibility agreement results in the Employee being will be better off overall in relation to the Employee’s terms and conditions of employmenthis or her Employment as a result of the arrangement; and state and 28.3.5 states the date day on which the agreement commences to operate; and be able to be terminated: by either the Employee, or Xxxxxx, giving written notice of not more than twenty-eight (28) days; or by arrangement commences. 28.4 The Employer must give the Employee and Xxxxxx at any time if they agree, in writing, to the termination. Xxxxxx must ensure that a copy of any the individual flexibility arrangement agreed to under this Agreement is given to the Employee within fourteen (14) 14 days after it is agreed to. A copy of any . 28.5 The Employer or Employee may terminate the individual flexibility arrangement agreed arrangement: 28.5.1 by giving no more than 28 days written notice 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 other party to do so by the union. A union’s request will be reasonable arrangement; or 28.5.2 28.5.3 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. For the avoidance of doubt, except in relation to 2.6.6(d) (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 Employer and Employee under this agreement to be approved, or consented to, by another person. Nothing agree in this clause shall limit or otherwise effect the provisions in clause 6.1writing - at any time.