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 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 arrangements; and
(e) state the day on...
FLEXIBILITY PROVISION. 6.1. Veolia and an individual Employee may agree to vary the effect of the terms of this Agreement that deal with the one or more of the following matters:
(a) arrangements about when work is performed:
(b) overtime rates;
(c) penalty rates;
(d) allowances; or
(e) leave loading.
6.2. The arrangement must be genuinely agreed to by Veolia and the Employee.
6.3. Veolia must ensure that any individual flexibility arrangement giving effect to the flexibility above;
(a) is in writing:
(b) includes the name of Veolia and the Employee:
(c) is signed by Veolia and the Employee (and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee):
(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.
6.4. Veolia must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
6.5. Veolia or the 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 agreed in writing, at any time.
FLEXIBILITY PROVISION. 4.1 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:
4.1.1 the agreement deals with 1 or more of the following matters:
(a) arrangements about when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances;
(e) leave loading; and
4.1.2 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
4.1.3 the arrangement is genuinely agreed to by the employer and employee.
4.2 The employer must ensure that the terms of the individual flexibility arrangement:
4.1.1. are about permitted matters under section 172 of the Fair Work Act 2009; and
4.1.2. are not unlawful terms under section 194 of the Fair Work Act 2009; and
4.1.3. result in the employee being better off overall than the employee would be if no arrangement was made.
FLEXIBILITY PROVISION. 5.1 Notwithstanding any other provision of this agreement an individual employee may request and Launch Housing may agree to vary the application of certain terms of this agreement to meet the genuine needs of the individual employee and Launch Housing. The terms the individual employee and Launch Housing may agree to vary the application of are those concerning:
a. Arrangements for when work is performed;
b. Overtime rates;
c. Penalty rates;
d. Allowances; and
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 Xxx 0000; and
(b) are not unlawful terms under section 194 of the Fair Work Xxx 0000; 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. 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. 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. 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.
