Common use of FLEXIBILITY TERM Clause in Contracts

FLEXIBILITY TERM. 23.1 The employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (―the arrangement‖) to vary the effect of terms of the agreement about when work is performed. 23.2 The arrangement must meet the genuine needs of the employer and employee in relation the matter mentioned above. 23.3 The arrangement must be genuinely agreed to by the employer and employee. 23.4 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. 23.5 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 includes details of: (d) the terms of the enterprise agreement that will be varied by the arrangement; and (e) how the arrangement will vary the effect of the terms; and (f) 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 (g) states the day on which the arrangement commences. 23.6 The employer will give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.7 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. 23.1 The 31.1 In addition to any other flexibility within this Agreement, an employer and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement (―the arrangement‖) to vary the effect of terms of the Agreement if: (a) the agreement about when work is performeddeals with 1 or more of the following matters: (i) start and finish times; and (ii) times for meal breaks. 23.2 The (b) the arrangement must meet meets the genuine needs of the employer and employee in relation to I or more of the matter matters mentioned above.in paragraph (a); and 23.3 The (c) the arrangement must be is genuinely agreed to by the employer and employee. 23.4 31.2 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 2009FW Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 23.5 31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1. 31.4 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and and (d) includes details of: (di) the terms of the enterprise agreement that will be varied by the arrangement; and (eii) how the arrangement will vary the effect of the terms; and (fiii) 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 (g) states the day on which the arrangement commences. 23.6 31.5 The employer will must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.7 31.6 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 — writing- at any time.

FLEXIBILITY TERM. 23.1 The 18.1 An employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (―the 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.; 23.2 The (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement must meet meets the genuine needs of the employer and employee in relation to 1 or more of the matter matters mentioned above.in paragraph (a); and 23.3 The (c) the arrangement must be is genuinely agreed to by the employer and employee. 23.4 18.2 The individual flexibility arrangement may be initiated by either the employer or by an employee. 18.3 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. 23.5 18.4 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and and (d) includes details of: (di) the terms of the enterprise agreement that will be varied by the arrangement; and (eii) how the arrangement will vary the effect of the terms; and (fiii) 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 (ge) states the day on which the arrangement commences. 23.6 18.5 The employer will must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.7 18.6 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.. PART 3 - LEAVE

FLEXIBILITY TERM. 23.1 The 8.13.1 An employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (―the arrangement‖) to vary the effect of terms of the agreement about when work is performed.if: 23.2 The a) the agreement deals with 1 or more of the following matters: a. RDO’s; or b. Hours of Work; and b) the arrangement must meet meets the genuine needs of the employer and employee in relation to 1 or more of the matter matters mentioned above.in paragraph (a); and 23.3 The c) the arrangement must be is genuinely agreed to by the employer and employee. 23.4 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. 23.5 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 and d) includes details of: (d) i. the terms of the enterprise agreement that will be varied by the arrangement; and (e) ii. how the arrangement will vary the effect of the terms; and (f) 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 (ge) states the day on which the arrangement commences. 23.6 8.13.4 The employer will must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.7 8.13.5 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 employee agree in writing — – at any time.

FLEXIBILITY TERM. 23.1 The An employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (―the arrangement‖“the arrangement”) to vary the effect of terms of the agreement about when work is performed.if: 23.2 The (a) the arrangement must meet deals with the taking of time off in lieu of overtime (b) the arrangement meets the genuine needs of the employer and employee in relation to the matter mentioned above.in paragraph (a); and 23.3 The (c) the arrangement must be is genuinely agreed to by the employer and employee. 23.4 . 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. 23.5 . 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 and (d) includes details of: (d) i. the terms of the enterprise agreement that the effect of which will be varied by the arrangement; and (e) ii. how the arrangement will vary the effect of the terms; and (f) 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 (ge) states the day on which the arrangement commences. 23.6 . The employer will must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.7 . 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. 23.1 The 10.1.1 An employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (―the 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.; 23.2 The (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement must meet meets the genuine needs of the employer and employee employees in relation to one or more of the matter matters mentioned above.in paragraph (a); and 23.3 The (c) the arrangement must be is genuinely agreed to by the employer and employee. 23.4 10.1.2 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 of overall than the employee would be if no arrangement was made. 23.5 10.1.3 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 and (d) includes details of: (di) the terms of the enterprise agreement that will be varied by the arrangement; and (eii) how the arrangement will vary the effect of the terms; and (fiii) 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 (ge) states the day on which the arrangement commences. 23.6 10.1.4 The employer will must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.7 10.1.5 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. 23.1 The ‌ 18.1 An employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (―the arrangement‖) to vary the effect of terms of the agreement if: (a) The agreement deals with one or more of the following matters: (i) Arrangement about when work is performed.; 23.2 (ii) Overtime rates; (iii) Penalty rates; (iv) Allowance; (v) Leave loading; (b) The arrangement must meet meets the genuine needs of the employer and employee in relation to one or more of the matter matters mentioned above.in paragraph (a); and 23.3 (c) The arrangement must be is genuinely agreed to by the employer and employee. 23.4 18.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under the section 172 of the Fair Work Act 2009; and (b) are Are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result Result in the employee being better off overall than the employee would be if no arrangement was made. 23.5 18.3 The employer must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of the employer and employeeemployer; and (c) is 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 includes and (d) Includes details of: (di) the The terms of the enterprise agreement that will be varied by the arrangement; and (eii) how How the arrangement will vary the effect of the terms; and (fiii) how How the employee will be better off overall in relation to the terms and conditions of his or his/her employment as a result of the arrangement; and (ge) states States the day on which the arrangement commences. 23.6 18.4 The employer will must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.7 18.5 The employer or 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 employee agree in writing — – at any time.

FLEXIBILITY TERM. 23.1 The employer 25.1 An employee and an employee covered by this enterprise agreement may agree to make the Company can enter into an individual flexibility arrangement (―the arrangement‖) to vary that provides for flexible employment arrangements that are different from the effect terms and conditions of terms employment arrangements about either of the agreement about following matters; 25.1.1. Salary sacrifice arrangements; or 25.1.2. when work is performed. 23.2 25.2 Flexible employment arrangements are subject to the following requirements and conditions in subclauses 25.3 to 25.11. 25.3 The arrangement must meet meets the genuine needs of the employer Company and employee in relation to one or more of the matter matters mentioned abovein subclause 24.1. 23.3 25.4 The arrangement must be is genuinely agreed to by the employer Company and employee. 23.4 25.5 The employer arrangement is made without duress or coercion. 25.6 The arrangement will replace any similar subject matter in this Agreement. 25.7 Unless stated otherwise in the flexible employment arrangement, where the flexible employment arrangement is silent on a matter, this Agreement will continue to apply; and 25.8 The Company must ensure that the terms of the individual flexibility flexible employment 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. 23.5 25.9 The employer Company must ensure that the individual flexibility flexible employment 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 and (d) includes details of: (di) the terms of the enterprise agreement that will be varied by the arrangement; and (eii) how the arrangement will vary the effect of the terms; and (fiii) 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 (ge) states the day on which the arrangement commences. 23.6 25.10 The employer will Company must give the employee a copy of the individual flexibility flexible employment arrangement within 14 days after it is agreed to. 23.7 25.11 The employer employee or employee Company may terminate the individual flexibility arrangement: (a) flexible employment arrangement by written agreement by giving no more than at least 28 days written days’ notice to the other party to the arrangement; or (b) or if the employer Company and employee agree in writing — – at any time.

FLEXIBILITY TERM. 23.1 34.1 The employer Company and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement (―the 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.; 23.2 The (ii) overtime rates; and (b) the arrangement must meet meets the genuine needs of the employer and employee in relation to 1 or more of the matter matters mentioned above.in paragraph (a); and 23.3 The (c) the arrangement must be is genuinely agreed to by the employer and employee. 23.4 34.2 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 2009FW Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 23.5 34.3 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 and (d) includes details of: (di) the terms of the enterprise agreement Enterprise Agreement that will be varied by the arrangement; and (eii) how the arrangement will vary the effect of the terms; and (fiii) 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 (ge) states the day on which the arrangement commences. 23.6 34.4 The employer will must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.7 34.5 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.