Common use of FLEXIBILITY TERM Clause in Contracts

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.

FLEXIBILITY TERM. (1) An employer This clause applies to:  Permanent Full-time  Permanent Part-time  Casual  Fixed Term 16.1. Xxxxxxx and employee an 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) 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 Xxxxxxx and employee the Employee in relation to 1 or more of the matters mentioned in paragraph (a16.1.a); and (c) the arrangement is genuinely agreed to by Xxxxxxx and the employer and employeeEmployee. (2) The employer 16.2. Xxxxxxx must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 20092009 ; and (b) are not unlawful terms under section 194 of the Fair Work Act 20092009 ; and (c) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. (3) The employer 16.3. Xxxxxxx must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Xxxxxxx and the employer and employeeEmployee; and (c) is signed by Xxxxxxx and the employer and employee 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 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 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 16.4. Xxxxxxx must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer 16.5. Xxxxxxx or employee 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 and employee agree in writing — writing--at any time.

FLEXIBILITY TERM. (1) An employer 1.10.1 The Company and an 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) 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 Company 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 Company and employee. (2) 1.10.2 The employer Company 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) 1.10.3 The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company 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 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) 1.10.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 1.10.5 The employer Company 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 Company and employee agree in writing — at any time.

FLEXIBILITY TERM. (1) An employer 5.1 The Company and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this 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 Company 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 Company and employee. (2) 5.2 The employer Company 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) 5.3 The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company 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 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) 5.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 5.5 The employer Company 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 Company and employee agree in writing — at any time.

FLEXIBILITY TERM. (1) An employer The company and an employee covered by this enterprise agreement may agree to make an individual Individual flexibility arrangement to vary the effect of terms of the agreement if: (a) a. the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime ratesi. leave loading; (iii) penalty rates; (iv) allowances; (v) ii. up to 5 single days of annual leave loadingmay be taken; and (b) b. the arrangement meets the genuine needs of the employer company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) c. the arrangement is genuinely agreed to by the employer company and employee. (2) The employer company must ensure that the terms of the individual Individual flexibility arrangement: (a) a. are about permitted matters under section 172 of the Fair Work Act 2009Xxx 0000; and (b) b. are not unlawful terms under section 194 of the Fair Work Act 2009Xxx 0000; and (c) c. result in the employee being better off overall than the employee would be if no arrangement was made. (3) The employer company must ensure that the individual flexibility arrangement: (a) a. is in writing; and (b) b. includes the name of the employer company and employee; and (c) c. is signed by the employer company and employee 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) 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) e. states the day on which the arrangement commences. (4) The employer company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer company 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 company and employee agree in writing — at any time.

FLEXIBILITY TERM. (1a) An employer The VIS and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the agreement if: (ai) the agreement deals with 1 one or more of the following matters: (i1) arrangements about when work is performed; (ii2) overtime rates; (iii3) penalty rates; (iv4) allowances; (v5) leave loading; and (bii) the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement is genuinely agreed to by the employer VIS and the employee. (2b) The employer VIS must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. (3c) The employer VIS must ensure that the individual flexibility arrangement: (ai) is in writing; andand VIS Enterprise Agreement 2021 - 2025 (bii) includes the name of the employer VIS and employee; and (ciii) is signed by the employer VIS and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; employee and (div) includes details of: (i1) the terms of the enterprise agreement that will be varied by the arrangement; arrangement and (ii2) how the arrangement will vary the effect of the terms; terms 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 the day on which the arrangement commencescommences . (4d) The employer VIS must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5e) The employer VIS 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 VIS and employee agree in writing — - at any time.

FLEXIBILITY TERM. (1a) An employer The Company and employee employee/s covered by this enterprise agreement Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (ai) the agreement Agreement deals with 1 or more of the following matters: (i) : • arrangements about when work is performed;; and • annual leave. (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee employee/s in relation to 1 or more of the matters mentioned in paragraph (aa(i); and (ciii) the arrangement is genuinely agreed to by the employer Company and employee. (2b) The employer Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. (3c) The employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the employer Company and employee; and (ciii) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and and (div) includes details of: (i) : • the terms of the enterprise agreement Enterprise Agreement that will be varied by the arrangement; and (ii) and • how the arrangement will vary the effect of the terms; and (iii) and • 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) and • states the day on which the arrangement commences. (4d) The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5e) The employer Company 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 Company and employee agree in writing — at any time.

FLEXIBILITY TERM. (1) An employer 6.1 Bupa and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement deals with 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 Bupa and employee in relation to 1 or more of the matters mentioned in paragraph (a6.1(a); and (c) the arrangement is genuinely agreed to by the employer Bupa and employee. (2) The employer 6.2 Bupa 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 6.3 Bupa must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Bupa and employee; and (c) is signed by the employer Bupa 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 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 6.4 Bupa, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee's understanding of written English is limited, Bupa will take reasonable measures to ensure the employee has a genuine opportunity to understand the proposal, which may include translating the proposal into the employee's native language or other appropriate measure. 6.5 Bupa must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer 6.6 A cooling off period of 7 days from the signing of an individual flexibility arrangement shall apply, during which Bupa or an employee may cancel that arrangement by giving at least 24 hours' notice to the other party. 6.7 Bupa 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 Bupa and employee agree in writing — – at any time.

FLEXIBILITY TERM. (1) An employer The Company and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement 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 Company 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 Company and employee. (2) The employer Company 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 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 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 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 Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer Company 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 Company and employee agree in writing — at any time.