FLEXIBILITY TERM Sample Clauses

FLEXIBILITY TERM. 37.1 An Employer and 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 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 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 37.2 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. 37.3 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 Agreement that will be varied by the arrangement; and ii. how the arrangement will vary the effect of the terms of the Agreement; 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. 37.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 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.
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FLEXIBILITY TERM. 8.13.1 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: a. RDO’s; or b. Hours of Work; 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. 8.13.2 The employer must ensure that the terms of the individual flexibility arrangement: a) are about permitted matters under section 172 of the Fair Work Act 2009; and b) are not unlawful terms under section 194 of the Fair Work Act 2009; and c) result in the employee being better off overall than the employee would be if no arrangement was made. 8.13.3 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. 8.13.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 8.13.5 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 TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work Xxx 0000. (a) The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for: (i) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if (ii) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) the arrangement is genuinely agreed to by the University and the staff member. (b) The University must ensure that the terms of the individual flexibility arrangement and its terms: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (iii) results in the staff member being better off overall than the staff member would be if no arrangement was made and (iv) is in writing; and (v) includes the name of the University and the staff member; and (vi) is signed by the University and the staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; and includes details of: • • the terms of the agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and how the staff member will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and states the day on which the arrangement commences. (vii) does not require that anyone else approve it, other than the staff member and the University. (c) The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (d) The University or the staff member may terminate the individual flexibility arrangement: (i) by giving written notice of not less than 28 days; or (ii) if the University and the staff member agree in writing — at any time.
FLEXIBILITY TERM. 1.10.1. Mater and a Medical Officer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the Agreement 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 Mater and the Medical Officer in relation to one (1) or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by Mater and the Medical Officer. 1.10.2. Mater must ensure that the terms of the individual flexibility arrangement: (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) results in the Medical Officer being better off overall than the Medical Officer would be if no arrangement was made. 1.10.3. Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Mater and the Medical Officer; and (c) is signed by Mater and the Medical Officer and if the Medical Officer is under 18 years of age, signed by a parent or guardian of the Medical Officer; and (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 Medical Officer 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. 1.10.4. Mater must give the Medical Officer a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 1.10.5. Mater or the Medical Officer may terminate the individual flexibility arrangement: (a) by giving no more than twenty-eight (28) days written notice to the other party to the arrangement; or (b) if Mater and the Medical Officer agree in writing—at any time.
FLEXIBILITY TERM. 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 Act 2009; and b. are not unlawful terms under section 194 of the Fair Work Act 2009; 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. The right to make a Flexibility Agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the employer and an individual employee contained in any other term of this Agreement.
FLEXIBILITY TERM. 24.1 The Employer and individual employees may agree to vary certain terms of this Agreement to meet their genuine individual needs (Flexibility Agreement). 24.2 The terms of this Agreement which may be varied by making a Flexibility Agreement are: 24.2.1 Hours of work and when they are worked;
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FLEXIBILITY TERM. 11.1 The Employer 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 this Agreement, provided: (a) The arrangement meets the genuine needs of the Employer and the Employee in relation to one or more of the above matters; and (b) The arrangement is genuinely agreed to by the Employer and the Employee. 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) Are about permitted matters under Section 172 of the Fair Work Act; (b) Are not unlawful terms under Section 194 of the Fair Work Act; and (c) Result in the Employee being better off overall than that Employee would have been if no arrangement was made. 11.3 The Employer must ensure that the individual flexibility arrangement: (a) Is in writing; and (b) Includes the name of the Employer and the Employees; and (c) Is signed by the Employer and Employee and if that 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 this 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 their employment as a result of the arrangement; and (iv) States the day on which the arrangement commences. 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 11.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) By giving more than 28 day’s written notice to the other party to the arrangement; or (b) If the Employer or Employee agree in writing, at any time.
FLEXIBILITY TERM. 24.1 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 one 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 or more of the matters mentioned in clause 24.1a)i to v; and c) the arrangement is genuinely agreed to by the employer and employee. 24.2 The employer must ensure that the terms of the individual flexibility arrangement: a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and
FLEXIBILITY TERM. 8.1 This clause constitutes the flexibility term referred to in Section 202 of the Fair Work Xxx 0000. 8.2 An individual Employee may initiate a request to enter into an individual flexibility arrangement where the arrangement meets the genuine needs of the Employee and the University and is genuinely agreed to by the University and the Employee. 8.3 If an Employee's employment would be, but for this Agreement, subject to a modern award, the University and the Employee may seek to enter into an individual flexibility arrangement varying the effect of one (1) or more of the following terms of this Agreement: i. Clause 38.5 Salary Packaging; ii. Clause 38.5.2 Superannuation; iii. Clause 42 Hours of Work and Overtime (Professional Employees); iv. Clause 47.1.3 Annual leave loading; v. Schedule F Allowances. 8.4 An individual flexibility arrangement must be about a “permitted matter” and must not be an “unlawful term” as defined in the Fair Work Xxx 0000. The individual flexibility agreement must result in the Employee being better off overall than the Employee would have been if no individual flexibility arrangement had been agreed to. 8.5 The University will ensure that the individual flexibility arrangement is in writing and must be signed by the Employee (or in the case of an Employee under the age of 18, by their parent or guardian) and the University. The individual flexibility agreement does not require that anyone else approve it, other than the Employee and the University. 8.6 The individual flexibility arrangement may be terminated either by the University or the Employee giving four (4) weeks notice of termination, in writing, to the other party, with the individual flexibility arrangement ceasing to operate at the end of the notice period; or at any time, by written agreement between the University and the Employee. 8.7 An individual Employee may be represented by their Nominated Representative when negotiating an individual flexibility arrangement with the University.
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