FLEXIBILITY PROVISIONS Clause Samples

FLEXIBILITY PROVISIONS. Notwithstanding anything else in this Agreement each Distant Worker may choose to accrue an R&R leave entitlement after completing either two-hundred and forty (240) or three hundred

FLEXIBILITY PROVISIONS. Long Service Leave may be taken at double pay on the proviso that minimum blocks of 16 calendar days (which exhausts 32 days entitlement) will apply and that the number of days accrued or standing to the credit of the employee will reduce accordingly i.e. by 2 days for each day taken at double pay.

FLEXIBILITY PROVISIONS. ALDI 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: (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; 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 paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. ALDI must ensure that the terms of the individual flexibility arrangements: (a) are about permitted matters under section 172 of the Fair Work Act 2009; (b) are not unlawful terms under section 194 of the Fair Work Act 2009; (c) result in the employee being better off overall than the employee would be if no arrangement was made. ALDI must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the employer and the employee; (c) is signed by the employee and his/her Personnel Leader and, if the employee is under 18 years of age, be signed also by a parent or guardian of the employee; (d) includes details of: (i) the terms of the 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. (e) states the date on which the arrangement commences. ALDI must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to and place it on their personnel file. ALDI or the employee may terminate an individual flexibility arrangement: (a) by giving the other party no more than 28 days’ written notice; or (b) if ALDI and the employee agree at any time.

FLEXIBILITY PROVISIONS. 1. Adjustments to annual specific limits (SLs), may be made as follows: (a) the exporting Party may increase the SL for a calendar year by no more than six per cent ("swing"). (b) in addition to any increase of its SL under subparagraph (a), the exporting Party may increase its unadjusted SL for that year by no more than 11 per cent by allocating to such SL for that calendar year (the "receiving year") an unused portion ("shortfall") of the corresponding SL for the previous calendar year ("carryover") or a portion of the corresponding SL for the following calendar year ("carryforward"), as follows: (i) subject to subparagraph (iii), the exporting Party may utilize carryover, as available, up to 11 per cent of the unadjusted SL for the receiving year, (ii) the exporting Party may utilize carryforward charged against the corresponding SL for the following calendar year, up to six per cent of the unadjusted SL for the receiving year, (iii) the combination of the exporting Party's carryover and carryforward shall not exceed 11 per cent of the unadjusted SL in the receiving year, and (iv) carryover may be utilized only following confirmation by the importing Party that sufficient shortfall exists. If the importing Party does not consider that sufficient shortfall exists, it shall promptly provide data to the exporting Party to support that view. Where substantial statistical differences exist between the import and export data on which the shortfall is computed, the Parties shall seek to resolve these differences promptly.

FLEXIBILITY PROVISIONS. When evaluation of a Fellow’s progress indicates it is necessary, the training/program may be modified.

FLEXIBILITY PROVISIONS. Adjustments to annual specific limits (SLs), may be made as follows:

FLEXIBILITY PROVISIONS. ‌ 16.1 The Company and Employees covered by this Agreement may agree to make an Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if: a) the IFA deals with one (1) or more of the following matters: • Annualised salary • Arrangements about when work is performed; • Overtime rates; • Penalty rates; • Allowances; • Leave loading; and b) The IFA meets the genuine needs of the Company and the Employee in relation to one (1) or more of the matters listed above; and c) The IFA is genuinely agreed to by the Company and Employee. 16.2 The Company must ensure that the terms of the IFA: a) Are about permitted matters under section 172 of the ‘Fair Work Act 2009 (Cth)’; and b) Are not unlawful terms under section 194 of the ‘Fair Work Act 2009 (Cth)’; and c) Result in the Employee being better off overall than the Employee would be if no IFA was made. 16.3 The Company must ensure that the IFA: a) Is In writing; and b) Includes the name of the Company and the Employee; and c) Is signed by the Company and the 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 the terms of the Agreement that will be varied by the IFA; and e) Includes details of How the IFA will vary the effect of the terms; and f) Includes details of How the Employee will be better of overall in relation to the terms and conditions of his or her employment as a result of the IFA; and g) States the day on which the IFA commences. 16.4 The Company must give the Employee a copy of the IFA within fourteen (14) days after it is agreed to. 16.5 The Company or the Employee may terminate the IFA: a) By giving no less than twenty-eight (28) days written notice to the other party to the arrangement; or b) If the Company and the Employee agree in writing at any time.

FLEXIBILITY PROVISIONS. We agree that no Local Area Work Agreements will be negotiated during the life of this Agreement. This does not preclude the implementation of flexible arrangements for working hours and span of hours in clause 13 of this Agreement, or the 9 day fortnight in clause 13.2, or the averaging and annualised payments in clause 14. The parties to this Agreement commit to review rostering arrangements within the first twelve (12) months of this Agreement and commit to investigate more flexible work arrangements during the term of the Agreement. The parties agree to the implementation of four (4) on three off (3) rosters in nominated work areas agreed to by the parties in the first quarter of the first year of this Agreement. Milestones will be set quarterly (every 3 months) to report on the progress of the roster implementation and to include status reporting of asset utilisation. The parties will investigate further workplace flexibilities with the intent of finding additional efficiencies to maximise workforce capabilities and productivity. For example: - greater flexibility in the allocation of RDO's by the rotation of working days. (Progress to be reported by the JCC to management on a quarterly basis or as required) Any outcome from the investigations must be mutually agreed to by the parties, before being implemented, without any compulsion for either party to agree.

FLEXIBILITY PROVISIONS. Employees are entitled to request, and be fairly considered for, flexible working arrangements such as part- time work for reasons including, but not limited by: a) being responsible for children under the age of 5. b) being responsible for children with a diagnosed chronic health condition, disability, or with special care needs under the age of 18. c) being responsible for caring for elderly parents with special care needs. d) Being responsible for caring for a significant family member with a chronic/palliative health condition. e) Other health related matters relating to pregnancy The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the above responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency or the impact on customer service. The employee’s request and the employer’s decision made under clauses 5.5.19 and 5.5.20 must be recorded in writing.