Common use of FLEXIBILITY TERM Clause in Contracts

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.

FLEXIBILITY TERM. 37.1 An Employer 19.1 Qube 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 agreement deals with one 1 or more of the following matters: i. (i) arrangements about when work is performed;. (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances; v. (v) leave loading; and (b) the arrangement meets the genuine needs of the Employer Xxxx and an Employee in relation to one 1 or more of the matters mentioned in paragraph (a19.1(a); and (c) the arrangement is genuinely agreed to by the Employer Xxxx and Employee. 37.2 The Employer 19.2 Qube must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW 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 19.3 Qube must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer Qube and Employee; and (c) is signed by the Employer Xxxx and Employee and, 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. (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 Agreementterms; 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 19.4 Qube must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 The Employer 19.5 Qube 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 the Employer Qube and Employee agree in writing — – at any time.

FLEXIBILITY TERM. 37.1 a) An Employer employer and Employee employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) the arrangement agreement deals with one 1 or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances; v. (v) leave loading; and (bii) the arrangement meets the genuine needs of the Employer employer and Employee employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (ciii) the arrangement is genuinely agreed to by the Employer employer and Employeeemployee. 37.2 b) The Employer employer must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are Are not unlawful terms under section Section 194 of the ActFair Work Act 2009; and (ciii) result Result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 37.3 c) The Employer employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Employer employer and Employeeemployee; and (ciii) is signed by the Employer employer and Employee and, employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (div) includes details of: i. (i) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and (ii. ) how the arrangement will vary the effect of the terms of the Agreementterms; and (iii. ) how the Employee 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 (eiv) states the day on which the arrangement commences. 37.4 d) The Employer employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 e) The Employer employer or Employee employee may terminate the individual flexibility arrangement: (ai) by By giving no more than 28 days written notice to the other party to the arrangement; or (bii) if If the Employer employer and Employee employee agree in writing — at any time.

FLEXIBILITY TERM. 37.1 An (1) The Employer and Employee a Caregiver covered by this Enterprise Agreement may agree to make an individual flexibility arrangement (“IFA”) 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 (i) Arrangements about when work is performed; (ii. overtime ) Overtime rates; (iii. penalty ) Penalty rates; (iv. allowances) Allowances; v. leave (v) Leave loading; and; (vi) Parental Leave; (vii) Flexibile work options. (b) the arrangement meets the genuine needs of the Employer and Employee Caregiver 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 EmployeeCaregiver. 37.2 (2) The Employer must ensure that the terms of the individual flexibility arrangementIFA: (a) are about permitted matters under section 172 s172 of the Act; and (b) are not unlawful terms under section 194 s194 of the Act; and (c) result in the Employee Caregiver being better off overall than the Employee caregiver would be if no arrangement was made; and (d) must be documented in such a manner as to allow inspection under s482 of the Act. 37.3 (3) Where the Employer seeks such agreement with a Caregiver, that Caregiver shall be made aware of his/her right, and given reasonable opportunity, to contact and seek representation from the Union or other representative. (4) Any disagreement arising from the operation of this subclause must be resolved in accordance with Clause 51 - Dispute Settlement Procedures of this Agreement. (5) For the avoidance of doubt, providing information concerning the Union under this subclause does not mean that that Union must approve or consent to the IFA. (6) The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and EmployeeCaregiver; and (c) is signed by the Employer and Employee and, Caregiver and if the Employee Caregiver is under 18 years of age, signed by a parent or guardian of the EmployeeCaregiver; and (d) includes details of: i. (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 of the Agreementterms; and (iii. ) how the Employee Caregiver will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 37.4 (7) The Employer must give the Employee Caregiver a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 (8) The Employer or Employee caregiver 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 caregiver agree in writing — – at any time.

FLEXIBILITY TERM. 37.1 An Employer 7.1 nbn and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with one 1 or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances; v. (v) leave loading; and (b) the arrangement meets the genuine needs of nbn and 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 nbn and the Employer and Employee. 37.2 The Employer 7.2 nbn 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 employee being better off overall than the Employee would be if no arrangement was made. 37.3 The Employer 7.3 nbn must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer nbn and Employee; and (c) is signed by nbn and the Employer Employee 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. (i) the terms of the Agreement that will be varied by the arrangement; and ii. (i) how the arrangement will vary the effect of the terms of the Agreementterms; and iii. (ii) 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 7.4 nbn must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 The Employer 7.5 nbn 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 nbn and the Employer and Employee agree in writing — writing--at any time.

FLEXIBILITY TERM. 37.1 35.1 An Employer and Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with one 1 or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances; v. (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 paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 37.2 35.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 35.3 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, 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. (i) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and (ii. ) how the arrangement will vary the effect of the terms of the Agreementterms; 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 35.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 35.5 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. 37.1 An (1) The Employer and Employee a Caregiver 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 arrangement deals with one 1 or more of the following matters: i. arrangements (i) Arrangements about when work is performed; (ii. overtime ) Overtime rates; (iii. penalty ) Penalty rates; (iv. allowances) Allowances; v. leave (v) Leave loading; and; (vi) Parental Leave; (vii) Flexibile work options. (b) the arrangement meets the genuine needs of the Employer and Employee Caregiver 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 EmployeeCaregiver. 37.2 (2) The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 s172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 s194 of the ActFair Work Act 2009; and (c) result in the Employee Caregiver being better off overall than the Employee caregiver would be if no arrangement was made; and (d) must be documented in such a manner as to allow inspection under s482 of the Fair Work Act 2009. 37.3 (3) Where the Employer seeks such agreement with a Caregiver, that Caregiver shall be made aware of his/her right, and given reasonable opportunity, to contact and seek representation from the Union or other representative. (4) Any disagreement arising from the operation of this subclause must be resolved in accordance with Clause 51 - Dispute Settlement Procedures of this Agreement. (5) For the avoidance of doubt, providing information concerning the Union under this subclause does not mean that that Union must approve or consent to the individual flexibility arrangement. (6) The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and EmployeeCaregiver; and (c) is signed by the Employer and Employee and, Caregiver and if the Employee Caregiver is under 18 years of age, signed by a parent or guardian of the EmployeeCaregiver; and (d) includes details of: i. (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 of the Agreementterms; and (iii. ) how the Employee Caregiver will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 37.4 (7) The Employer must give the Employee Caregiver a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 (8) The Employer or Employee caregiver may terminate the individual flexibility arrangement: (a) by giving no more than 28 14 days written notice to the other party to the arrangement; or (b) if the Employer and Employee caregiver agree in writing — – at any time.

FLEXIBILITY TERM. 37.1 An Employer 14.1 Xxxxxxx and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the arrangements about when work is performed following terms of the this 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 The arrangement meets the genuine needs of Xxxxxxx and the Employer and Employee in relation to one either or more both of the matters mentioned in paragraph (a); andabove matters; (cb) the The arrangement is genuinely agreed to by Xxxxxxx and the Employer and Employee; (c) It does not affect any other Employee covered by this Agreement; and (d) An individual flexibility arrangement must not include a reduction in leave or xxxxxxx. 37.2 The Employer 14.2 Xxxxxxx must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the Fair Work Act; and. (b) are Are not unlawful terms under section 194 of the Fair Work Act; and (c) result Result in the Employee being better off overall than the Employee would be have been if no arrangement was made. 37.3 The Employer 14.3 Xxxxxxx must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of Xxxxxxx and the Employer and Employee; and (c) is Is signed by Xxxxxxx and the Employer Employee, and Employee and, if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes Includes details of: i. the (i) The terms of the this Agreement that will be varied by the arrangement; and (ii. how ) How the arrangement will vary the effect of the terms of the Agreementterms; and (iii. how ) 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. (eiv) states States the day on which the arrangement commences. 37.4 The Employer 14.4 Xxxxxxx must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 The Employer 14.5 Xxxxxxx or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days written notice to the other party to the arrangement; or. (b) if the Employer and If Xxxxxxx or Employee agree in writing — at any time.

FLEXIBILITY TERM. 37.1 (a) An Employer and Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) the arrangement agreement deals with one 1 or more of the following matters: i. (A) arrangements about when work is performed; ii. (B) overtime rates; iii. (C) penalty rates; iv. (D) allowances; v. (E) leave loading; and (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 37.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act; and (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Employer and Employee; and (ciii) is signed by the Employer and Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: i. (A) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and ii. (B) how the arrangement will vary the effect of the terms of the Agreementterms; and iii. (C) 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 (ev) states the day on which the arrangement commences. 37.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 (e) The Employer or Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and Employee agree in writing — at any time.

FLEXIBILITY TERM. 37.1 An Employer 12.1. Xxxxx the Hirer and any 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 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 Xxxxx the Employer Hirer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (aClause 12.1(a); and (c) the arrangement is genuinely agreed to by Xxxxx the Employer Hirer and the Employee. 37.2 The Employer 12.2. Xxxxx the Hirer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act; and (b) are not unlawful terms under section 194 of the Fair Work 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 12.3. Xxxxx the Hirer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Xxxxx the Employer Hirer and the Employee; and (c) is signed by Xxxxx xxx Xxxxx and the Employer Employee 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 Agreementterms; and iii. how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 37.4 The Employer 12.4. Xxxxx the Hirer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 The Employer 12.5. Xxxxx the Hirer or the relevant 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 Xxxxx the Employer Hirer and the Employee agree in writing — – at any time.

FLEXIBILITY TERM. 37.1 An 28.1. 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: (a) a. the arrangement agreement is initiated by the Employee; b. 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) c. the arrangement meets the genuine needs of the Employer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (a6.1a); and (c) d. the arrangement is genuinely agreed to by the Employer and Employeethe Employee without coercion or duress. 37.2 28.2. The Employer must ensure that the terms of the individual flexibility arrangement: (a) a. are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) b. are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) c. result in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 28.3. The Employer must ensure that the individual flexibility arrangement: (a) a. is in writing; and (b) b. includes the name of the Employer and the Employee; and (c) c. is signed by the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) 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 Agreementterms; and iii. how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) e. states the day on which the arrangement commences. 37.4 28.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 28.5. The Employer or Employee may terminate the individual flexibility arrangement: (a) a. by giving no more than 28 days written notice to the other party to the arrangement; or (b) b. if the Employer and the Employee agree in writing — writing—at any time.

FLEXIBILITY TERM. 37.1 An Employer 5.1. The Company 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:Agreement. 5.2. The Company and Employee may agree to an individual flexibility arrangement (a“the arrangement”) to vary the requirement in the Annual Leave term that up to a maximum of 12 single days of annual leave may be taken. 5.3. 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 must meet the genuine needs of the Employer Company and Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is and be genuinely agreed to by the Employer Company and the Employee. 37.2 5.4. The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are be about a permitted matters matter under section 172 of the ActFW Act if the arrangement were an enterprise Agreement; and (b) are not include a term that would be an unlawful term under the FW Act if the arrangement were an enterprise agreement. 5.5. For the avoidance of doubt, this sub-clause does not allow the arrangement to vary the effect of terms under section 194 of this Agreement other than the Act; andrequirement in the Annual Leave term that up to a maximum of 12 single days of annual leave may be taken. (c) result 5.6. The Company must ensure that the arrangement results in the Employee being better off overall than the Employee would be if no arrangement was madewere agreed to. 37.3 5.7. The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and; (b) includes the name of the Employer Company and Employee; and; (c) is signed by the Employer Company and Employee and, and if the Employee is under 18 years of age, also signed by a parent or guardian of the Employee; and; (d) includes details detail of: i. e) the terms of the Agreement Annual Leave term that will be varied by the arrangement; and; ii. f) how the arrangement will vary the effect of the terms of the Agreement; andAnnual Leave term; iii. g) how the Employee will be better off overall in relation to than the terms and conditions of his or her employment as a result of the arrangementEmployee would be if no arrangement were agreed to; and (eh) states state the day date on which the arrangement commences. 37.4 5.8. The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 5.9. The Employer Company or Employee may terminate the individual flexibility arrangement: (a) by giving no written notice of not more than 28 days written notice to the other party to the arrangementdays; or (b) if the Employer Company and Employee agree in writing — – at any time.

FLEXIBILITY TERM. 37.1 An Employer 14.1 Tidewater and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the arrangements about when work is performed following terms of the this 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 The arrangement meets the genuine needs of Xxxxxxxxx and the Employer and Employee in relation to one either or more both of the matters mentioned in paragraph (a); andabove matters; (cb) the The arrangement is genuinely agreed to by Xxxxxxxxx and the Employer and Employee; (c) It does not affect any other Employee covered by this Agreement; and (d) An individual flexibility arrangement must not include a reduction in leave or xxxxxxx. 37.2 The Employer 14.2 Tidewater must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the Fair Work Act; and. (b) are Are not unlawful terms under section 194 of the Fair Work Act; and (c) result Result in the Employee being better off overall than the Employee would be have been if no arrangement was made. 37.3 The Employer 14.3 Tidewater must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of Tidewater and the Employer and Employee; and (c) is Is signed by Xxxxxxxxx and the Employer Employee, and Employee and, if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes Includes details of: i. the (i) The terms of the this Agreement that will be varied by the arrangement; and (ii. how ) How the arrangement will vary the effect of the terms of the Agreementterms; and (iii. how ) 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. (eiv) states States the day on which the arrangement commences. 37.4 The Employer 14.4 Tidewater must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 The Employer 14.5 Tidewater or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days written notice to the other party to the arrangement; or. (b) if the Employer and If Tidewater or Employee agree in writing — at any time.

FLEXIBILITY TERM. 37.1 An Employer 72.1. The Company 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:Agreement. 72.2. The Company and Employee may agree to an individual flexibility arrangement (a“the arrangement”) to vary the requirement in the Annual Leave term that up to a maximum of 12 single days of annual leave may be taken. 72.3. 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 must meet the genuine needs of the Employer Company and Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is and be genuinely agreed to by the Employer Company and the Employee. 37.2 72.4. The Employer Company must ensure that the arrangement: • Be about a permitted matter under the FW Act if the arrangement were an enterprise Agreement; and • Not include a term that would be an unlawful term under the FW Act if the arrangement were an enterprise agreement. 72.5. For the avoidance of doubt, this sub-clause does not allow the arrangement to vary the effect of terms of this Agreement other than the individual flexibility arrangement:requirement in the Annual Leave term that up to a maximum of 12 single days of annual leave may be taken. (a) are about permitted matters under section 172 of 72.6. The Company must ensure that the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result arrangement results in the Employee being better off overall than the Employee would be if no arrangement was madewere agreed to. 37.3 72.7. The Employer Company must ensure that the individual flexibility arrangement: (a) : • is in writing; and (b) • includes the name of the Employer Company and Employee; and (c) • is signed by the Employer Company and Employee and, and if the Employee is under 18 years of age, also signed by a parent or guardian of the Employee; and (d) • includes details detail of: i. : - the terms of the Agreement Annual Leave term that will be varied by the arrangement; and ii. - how the arrangement will vary the effect of the terms of the AgreementAnnual Leave term; and iii. - how the Employee will be better off overall in relation to than the terms Employee would be if no arrangement were agreed to; and conditions of his or her employment as a result of • States the arrangement; and (e) states the day date on which the arrangement commences. 37.4 72.8. The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 72.9. The Employer Company or Employee may terminate the individual flexibility arrangement: (a) : • by giving no written notice of not more than 28 days written notice to the other party to the arrangementdays; or (b) or • if the Employer Company and Employee agree in writing — – at any time.

FLEXIBILITY TERM. 37.1 An 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 the this Agreement ifprovided: (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 The arrangement meets the genuine needs of the Employer and the Employee in relation to one or more of the matters mentioned in paragraph (a)above matters; and (cb) the The arrangement is genuinely agreed to by the Employer and the Employee. 37.2 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section Section 172 of the Fair Work Act; and; (b) are Are not unlawful terms under section Section 194 of the Fair Work Act; and (c) result Result in the Employee being better off overall than the Employee would be have been if no arrangement was made. 37.3 11.3 The Employer must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of the Employer and Employeethe Employees; and (c) is Is signed by the Employer and Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes Includes details of: i. the (i) The terms of the this Agreement that will be varied by the arrangement; and (ii. how ) How the arrangement will vary the effect of the terms of the Agreementterms; and (iii. how ) 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 (eiv) states States the day on which the arrangement commences. 37.4 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 11.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days days’ written notice to the other party to the arrangement; or (b) if If the Employer and or Employee agree in writing — writing, at any time.

FLEXIBILITY TERM. 37.1 An (a) The Employer and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) the arrangement agreement deals with one 1 or more of the following matters: i. (A) arrangements about when work is performed; ii. (B) overtime rates; iii. (C) penalty rates; iv. (D) allowances; v. (E) leave loading; and (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement is genuinely agreed to by the Employer employer and Employeeemployee. 37.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 37.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Employer and Employee; and (ciii) is signed by the Employer and Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: i. (A) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and ii. (B) how the arrangement will vary the effect of the terms of the Agreementterms; and iii. (C) how the Employee 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 (ev) states the day on which the arrangement commences. 37.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 (e) The Employer or Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer employer and Employee employee agree in writing — at any time.

FLEXIBILITY TERM. 37.1 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 arrangement The Agreement deals with one 1 or more of the following matters: i. arrangements (i) Arrangements about when work is performed;. (ii. overtime ) Overtime rates;. (iii. penalty ) Penalty rates;. (iv. allowances;) Allowances. v. leave (v) Leave loading; and (bvi) the The arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (aa)(i); and (cvii) the The arrangement is genuinely agreed to by the Employer and Employee. 37.2 b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are Are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result Result in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 c) The Employer must ensure that the individual flexibility arrangement: (ai) is Is in writing; and (bii) includes Includes the name of the Employer and Employee; and (ciii) is Is signed by the Employer and Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes Includes details of: i. the A. The terms of the Enterprise Agreement that will be varied by the arrangement; and ii. how B. How the arrangement will vary the effect of the terms of the Agreementterms; and iii. how C. 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 D. States the day on which the arrangement commences. 37.4 d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 e) The Employer or Employee may terminate the individual flexibility arrangement: (ai) by By giving no more less than 28 days written notice to the other party to the arrangement; or (bii) if If the Employer and Employee agree in writing — writing, at any time.

FLEXIBILITY TERM. 37.1 An (a) The Employer and Employee an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) the individual flexibility arrangement deals with one 1 or more of the following matters: i. (1) arrangements about when work is performed; ii. (2) overtime rates; iii. (3) penalty rates; iv. (4) allowances; v. (5) leave loading; and (bii) the arrangement meets the genuine needs of the Employer and Employee employee in relation to one 1 or more of the matters mentioned in paragraph (a39(a)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employeeemployee. 37.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Xxx 0000; and (bii) are not unlawful terms under section 194 of the ActFair Work Xxx 0000; and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 37.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Employer and Employeeemployee; and (ciii) is signed by the Employer and Employee and, employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (div) includes details of: i. (1) the terms of the Agreement that will be varied by the arrangement; and ii. (2) how the arrangement will vary the effect of the terms of the Agreementterms; and iii. (3) how the Employee 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 (ev) states the day on which the arrangement commences. 37.4 (d) The Employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 (e) The Employer or Employee employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and Employee employee agree in writing — writing--at any time. (f) The right to make an individual flexibility arrangement pursuant to this clause 39 is in addition to, and is not intended to otherwise affect, any provision for an agreement or arrangement between the Employer and an individual employee contained in any other term of this Agreement, including for instance, the provisions contained in clause 20.

FLEXIBILITY TERM. 37.1 An 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 the Agreement ifthis Agreement, provided: (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 The arrangement meets the genuine needs of the Employer and the Employee in relation to one or more of the matters mentioned in paragraph (a)above matters; and (cb) the The arrangement is genuinely agreed to by the Employer and the Employee. 37.2 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section Section 172 of the Fair Work Act; and; (b) are Are not unlawful terms under section Section 194 of the Fair Work Act; and (c) result Result in the Employee being better off overall than the that Employee would be have been if no arrangement was made. 37.3 11.3 The Employer must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of the Employer and Employeethe Employees; and (c) is Is signed by the Employer and Employee and, and if the that Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes Includes details of: i. the (i) The terms of the this Agreement that will be varied by the arrangement; and (ii. how ) How the arrangement will vary the effect of the terms of the Agreementterms; and (iii. how ) How the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (eiv) states States the day on which the arrangement commences. 37.4 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 11.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days day’s written notice to the other party to the arrangement; or (b) if If the Employer and or Employee agree in writing — writing, at any time.

FLEXIBILITY TERM. 37.1 An 6.1. The 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 agreement deals with one or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. penalty rates; iv. allowances; v. leave loading) taking of meal breaks; and (iv) taking of excess annual leave; (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. 37.2 6.2. 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 6.3. 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, 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. (i) the terms of the Agreement agreement that will be varied by the arrangement; and (ii. ) how the arrangement will vary the effect of the terms of the Agreementterms; 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 6.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 6.5. 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. 37.1 An 8.1 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 this Agreement if: (a) the individual flexibility arrangement deals with one 1 or more of the following matters: i. (i) arrangements about for when work is performed; (ii. overtime ) wage rates;; and/or (iii. penalty rates; iv. allowances; v. leave loading; and) overtime. (b) the individual flexibility 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 individual flexibility arrangement is genuinely agreed to by the Employer and Employee. 37.2 8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 37.3 8.3 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, 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. (i) the terms of the this Agreement that will be varied by the arrangement; and (ii. ) how the arrangement will vary the effect of the terms of the Agreementterms; 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 (eiv) states the day on which the arrangement commences. 37.4 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 8.5 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. 37.1 An Employer 1.10.1 Mater and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement Agreement deals with one 1 or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances; v. (v) leave loading; and (b) the arrangement meets the genuine needs of Mater and 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 Mater and the Employer and Employee. 37.2 The Employer 1.10.2 Mater must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009 (Cth); and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (c) result results in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 The Employer 1.10.3 Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Mater and the Employer and Employee; and (c) is signed by Mater and the Employer Employee and Employee and, if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: i. (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 Agreementterms; 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 1.10.4 Mater must give the Employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 37.5 The Employer 1.10.5 Mater or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 twenty-eight (28) days written notice to the other party to the arrangement; or (b) if the Employer Mater and Employee agree in writing — writing—at any time.

FLEXIBILITY TERM. 37.1 (a) 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 agreement if: (ai) the arrangement The agreement deals with one (1) or more of the following matters: i. 1. arrangements about when work is performed; ii2. overtime rates; iii3. penalty rates; iv4. allowances; v. 5. leave loading; and (bii) the The arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in paragraph (ai); and (ciii) the The arrangement is genuinely agreed to by the Employer and Employee. 37.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are Are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result Result in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is Is in writing; and (bii) includes Includes the name of the Employer and Employee; and (ciii) is Is signed by the Employer and Employee and, and if the Employee is under 18 eighteen (18) years of age, signed by a parent or guardian of the Employee; and (div) includes Includes details of: i. 1. the terms of the Enterprise Agreement that will be varied by the arrangement; and ii2. how the arrangement will vary the effect of the terms of the Agreementterms; and iii3. 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 (ev) states States the day on which the arrangement commences. 37.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 37.5 (e) The Employer or Employee may terminate the individual flexibility arrangement: (ai) by By giving no more than 28 twenty eight (28) days written notice to the other party to the arrangement; or (bii) if If the Employer and Employee agree in writing — at any time. (f) The Employer recommends the Employee seek advice from their Union representative, accountant or other party before entering into an individual flexibility agreement.

FLEXIBILITY TERM. 37.1 An Employer ‌ 9.1 The Company and Employee 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 Agreement deals with one 1 or more of the following matters: i. arrangements about when work is performed(i) minimum engagement for casuals; (ii. overtime rates) minimum engagement for part time employee; (iii. penalty rates) variation to hours for part time employment; (iv. allowances) make up time; v. leave loading(v) meal break; (vi) time off in lieu of payment for overtime; and (vii) rest period after overtime. (b) the arrangement meets the genuine needs of the Employer Company and Employee 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 Company and Employeeemployee. 37.2 9.2 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 37.3 9.3 The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer Company and Employeeemployee; and (c) is signed by the Employer Company and Employee and, employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: i. (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 Agreementterms; and (iii. ) how the Employee employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 37.4 9.4 The Employer Company must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 9.5 The Employer Company or Employee 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 Company and Employee employee agree in writing — writing- at any time.

FLEXIBILITY TERM. 37.1 An Employer ‌ 10.1 Baptcare and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement The agreement deals with one 1 or more of the following matters:matters:‌ i. arrangements (i) Arrangements about when work is performed;performed,‌ (ii. overtime ) Overtime rates;, (iii. penalty ) Penalty rates;, (iv. allowances; v. leave loading; ) Allowances, and (v) Leave loading. b) the The arrangement meets the genuine needs of the Employer Baptcare and Employee in relation to one 1 or more of the matters mentioned in paragraph (a) and b); , and (c) Baptcare and the arrangement is individual Employee must have genuinely agreed to by made the Employer and Employeeagreement without coercion or duress. 37.2 The Employer 10.2 Baptcare must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 The Employer 10.3 Baptcare must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Baptcare and the Employer and Employee; and (c) is signed by Baptcare and the Employer Employee 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. (i) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and (ii. ) how the arrangement will vary the effect of the terms of the Agreementterms; and iii. e) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (ef) states the day on which the arrangement commences. 37.4 The Employer 10.4 Baptcare must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 The Employer 10.5 Baptcare or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice or such other period prescribed by the Act to the other party to the arrangement; : or (b) if the Employer Baptcare and Employee agree in writing — at any time.

FLEXIBILITY TERM. 37.1 An 5.8.1 The Employer and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) 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 The agreement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); andEmployee. (cii) the The arrangement is genuinely agreed to by the Employer and the Employee. 37.2 5.8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 37.3 5.8.3 The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Employer and the Employee; and (ciii) is signed by the Employer and the Employee and, and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) and includes details of: i. (i) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and (ii. ) how the arrangement will vary the effect of the terms of terms. (iii) How the Agreement; and iii. how the Employee 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 (eiv) states the day on which the arrangement commences. 37.4 5.8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 5.8.5 The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and the Employee agree in writing — – at any time. 5.8.6 There is no requirement that any individual flexibility arrangement agreed to by the Employer and an Employee be approved by or consented to by any other party whether before or after the arrangement has been agreed to.

FLEXIBILITY TERM. 37.1 An Employer 1.10.1 Mater 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 agreement deals with one 1 or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances; v. (v) leave loading; and (b) the arrangement meets the genuine needs of Mater and 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 Mater and the Employer and Employee. 37.2 The Employer 1.10.2 Mater must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009 (Cth); and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (c) result results in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 The Employer 1.10.3 Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Mater and the Employer and Employee; and (c) is signed by Mater and the Employer Employee 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. (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 Agreementterms; 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 1.10.4 Mater 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.fourteen

FLEXIBILITY TERM. 37.1 An 8.1 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 agreement if: (a) the arrangement 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 the Employer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (aclause 8.1(a); and (c) the arrangement is genuinely agreed to by the Employer and the Employee. 37.2 8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 37.3 8.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and the Employee; and (c) is signed by the Employer and the Employee and, 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 Agreementterms; 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 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 8.5 The Employer or the Employee may terminate the individual flexibility arrangementarrangement by: (a) by giving no more than 28 days 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. 37.1 An Employer and Employee covered by this Agreement (a) The company may agree to make an individual flexibility arrangement Individual Flexibility Agreement (IFA) to vary the effect of terms of this Agreement subject to the Agreement if:provisions of this clause. (ai) The request to enter into an IFA is made by the arrangement employee only; and (ii) The union is notified of the employee’s request to enter into an IFA (subject to the company obtaining the employee’s consent to make such notification). For the avoidance of doubt this sub clause does not mean that the union must approve or consent to the arrangement; and (iii) The IFA 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. : ▪ hours of work, including length of shifts, breaks between shifts and the taking of meal breaks ▪ allowances ▪ leave loading; and (biv) the arrangement The IFA meets the genuine needs of the Employer company and Employee the employee in relation to one or more of the matters mentioned in paragraph (a)iii) above; and (cv) the arrangement The IFA is genuinely agreed to by the Employer company and Employeethe employee. 37.2 (b) The Employer company must ensure that the terms of the individual flexibility arrangementIFA: (ai) are Are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are Are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result Result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made, and (iv) Do not affect the payment of penalty rates. 37.3 (c) The Employer company must ensure that the individual flexibility arrangementIFA: (ai) is Is in writing; and (bii) includes Includes the name of the Employer company and Employeeemployee; and (ciii) is Is signed by the Employer company and Employee and, the employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (div) includes Includes details of: i. : ▪ the terms of the Agreement that will be varied by the arrangementIFA; and ii. and ▪ how the arrangement will vary the effect of the terms of the Agreementterms; and iii. and ▪ how the Employee employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangementIFA; and (ev) states States the day on which the arrangement IFA commences. 37.4 (d) The Employer company must give the Employee employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 37.5 (e) The Employer company or Employee the employee may terminate the individual flexibility arrangementIFA: (ai) by By giving no more than 28 days written notice to the other party to the arrangement; or (bii) if If the Employer company and Employee the employee agree in writing — at any time.

FLEXIBILITY TERM. 37.1 An Employer 3.1 The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement ifif the arrangement: (a) the arrangement deals with one or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances;; or v. (v) leave loading; and (b) the arrangement meets the genuine needs of the Employer Company and the Employee in relation to one or more of the matters mentioned in paragraph (a3.1(a); and (c) the arrangement is genuinely agreed to by the Employer Company and the Employee. 37.2 3.2 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are would be 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 3.3 The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the Company’s name of and the Employer and Employee’s name; and (c) is signed by the Employer Company and the relevant Employee andor, if the relevant Employee is under 18 years of age, is signed by a parent or guardian of the that Employee; and (d) includes details of: i. (i) the terms of the this Agreement that will which are to be varied by the arrangement; and (ii. ) how the arrangement will vary the effect of the terms of the this Agreement; and (iii. ) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 37.4 3.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 37.5 3.5 The Employer Company 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 the Employer Company and the Employee agree in writing — – at any time.