Common use of Flexibility Clause Clause in Contracts

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.

Appears in 3 contracts

Samples: Multi Enterprise Agreement, Independent Schools NSW/Act Standards Model (Teachers) Multi Enterprise Agreement 2021, Multi Enterprise Agreement

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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 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 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 the arrangement; or if the employer and the Teacher agree in writing — at any time.

Appears in 1 contract

Samples: Multi Enterprise Agreement

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