FLEXIBILITY PROVISION Sample Clauses
A Flexibility Provision is a contractual clause that allows parties to adapt certain terms or obligations in response to changing circumstances or unforeseen events. Typically, this provision outlines specific conditions under which modifications can be made, such as adjusting delivery schedules, payment terms, or performance requirements if external factors impact the original agreement. Its core practical function is to provide a structured mechanism for accommodating change, thereby reducing the risk of breach and ensuring the contract remains workable even when circumstances evolve.
FLEXIBILITY PROVISION. Nothing in this Agreement is to operate to prevent the parties from:
(i) introducing further change during the life of the Agreement where there is Agreement on the terms and conditions (including variations to the rates payable) by which the change(s) will be introduced, or
(ii) varying the terms of the Agreement to give proper effect to its terms and conditions.
FLEXIBILITY PROVISION. The CEO and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
FLEXIBILITY PROVISION. In addition to any other provision which provides for flexibility provided for by this Agreement, the Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement in order to meet the genuine needs of the Employee and Employer if:
(a) the arrangement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1(a); and
(c) the arrangement is genuinely agreed to by the Employer and Employee without coercion or duress; and
(d) the arrangement is made after the Employee has commenced employment with the Employer.
12.2. If the Employer wishes to initiate discussions about the making of an arrangement, it must:
(a) give the Employee a written proposal;
(b) provide a written statement to the Employee indicating that the Employee may refuse the arrangement the Employer has proposed; and
(c) if the Employer is aware that the Employee has, or reasonably should be aware, that the Employee may have limited understanding of written English, take reasonable steps to ensure that the Employee understands the proposal. For the avoidance of doubt, an Employee can refuse to agree to an individual flexibility arrangement proposed by the Employer.
12.3. The Employer 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.
12.4. The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under eighteen (18) years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the term or terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the term, or each 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...
FLEXIBILITY PROVISION. Any flexibility arrangement entered into by the employer and an individual employee must meet the requirements set out in this section. The flexibility arrangement entered into must be genuinely agreed to by the employer and the individual employee.
FLEXIBILITY PROVISION. 2.1 Target and the Union are committed to the objectives contained in sub-clause 1.5 of this Agreement. In light of these specific objectives, Target and the Union will have on-going discussions in relation to the operation of clause 4.3 Casual Employment and 6.2 Rostering Principles during the period in which this Agreement is in operation .
2.1.1 As a result of these discussions, Target and the Union can agree to trial rosters that support a flexible work environment, which are at variance with those clauses set out in clause 4.3 Casual Employment and 6.2
FLEXIBILITY PROVISION. (1) An employer and 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 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the 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 employer and employee.
(2) The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work ▇▇▇ ▇▇▇▇; and
(b) are not unlawful terms under section 194 of the Fair Work ▇▇▇ ▇▇▇▇; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
(3) The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and 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 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 his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(5) The 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 employer and employee agree in writing — at any time.
FLEXIBILITY PROVISION. 5.1. The Employer 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:
5.1.1. the 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;
(v) leave loading; and
5.1.2. the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (a); and
5.1.3. the arrangement is genuinely agreed to by the Employer and Employee.
5.2. The Employer must ensure that the terms of the individual flexibility arrangement:
5.2.1. are about permitted matters under section 172 of the Fair Work Act 2009; and
5.2.2. are not unlawful terms under section 194 of the Fair Work Act 2009; and
5.2.3. result in the Employee being better off overall than the Employee would be if no arrangement was made.
5.3. The Employer must ensure that the individual flexibility arrangement:
5.3.1. is in writing; and
5.3.2. includes the name of the Employer and Employee; and
5.3.3. 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
5.3.4. 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 his or her employment as a result of the arrangement; and
5.3.5. states the day on which the arrangement commences.
5.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5.5. The Employer or Employee may terminate the individual flexibility arrangement:
5.5.1. by giving no more than 28 days written notice to the other party to the arrangement; or
5.5.2. if the Employer and Employee agree in writing — at any time.
FLEXIBILITY PROVISION. The Secretary and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of any of the terms of the Agreement if:
FLEXIBILITY PROVISION. 26.1 For the purpose of assisting in the growth and development of the Company, the Company and an individual Employee may agree to enter into an individual flexibility agreement (“IFA”) for the purpose of varying the application of certain terms of this Agreement to meet the needs of the Company and the individual Employee.
26.2 The Company and an individual Employee may agree to vary the application of any clause of this Agreement.
26.3 An IFA entered into in accordance with this Clause will override any terms and conditions of this Agreement which are inconsistent with the terms and conditions contained in the IFA.
26.4 The Company and an individual employee must have genuinely agreed to make the IFA without coercion or duress.
26.5 Any IFA between the Company and an individual Employee must not, on balance, disadvantage the individual Employee in relation to the individual Employee’s terms and conditions of employment.
26.6 Employee’s may be represented by a person of their choice in discussions with the Company.
FLEXIBILITY PROVISION.
2.17.1 No other department team members shall be permitted to carry out the duties of team members covered by this Agreement, subject to Clause 2.17.4 and Clause 1.8.13.
2.17.2 Notwithstanding Clause 2.17.1, above, where non trade meat department staff are absent on account of illness and/or an unauthorised absence other store staff may assist in non trades department duties.
2.17.3 Store staff cannot be restored to work in the meat department, subject to Clause 2.17.4 and Clause 1.8.13.
2.17.4 Team members who are not normally classified (i.e., Service Assistants) as Packers/Cabinet Attendants but are requested to perform work as a Packer/Cabinet Attendant in the meat department shall be paid the Packer/Cabinet Attendant rate of pay as stipulated in Clause 3 for the time that they actually perform the role of a Meat Packer/Cabinet attendant only. In respect of cold room allowance, such team members will be paid pro-rata for hours worked.