Common use of FLEXIBILITY TERM Clause in Contracts

FLEXIBILITY TERM. (1) The Employer and 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 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; (vi) Parental Leave; (vii) Flexibile work options. (b) the arrangement meets the genuine needs of the Employer and Caregiver 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 Caregiver. (2) The Employer must ensure that the terms of the IFA: (a) are about permitted matters under s172 of the Act; and (b) are not unlawful terms under s194 of the Act; and (c) result in the Caregiver being better off overall than the 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. (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 Caregiver; and (c) is signed by the Employer and Caregiver and if the Caregiver is under 18 years of age, signed by a parent or guardian of the Caregiver; 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 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 (iv) states the day on which the arrangement commences. (7) The Employer must give the Caregiver a copy of the individual flexibility arrangement within 14 days after it is agreed to. (8) The Employer or 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 caregiver agree in writing – at any time.

FLEXIBILITY TERM. (1) The Employer and 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 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; (vi) Parental Leave; (vii) Flexibile work options. (b) the arrangement meets the genuine needs of the Employer and Caregiver 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 Caregiver. (2) The Employer must ensure that the terms of the IFAindividual flexibility arrangement: (a) are about permitted matters under s172 of the ActFair Work Act 2009; and (b) are not unlawful terms under s194 of the ActFair Work Act 2009; and (c) result in the Caregiver being better off overall than the 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 ActFair Work Act 2009. (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 IFAindividual 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 Caregiver; and (c) is signed by the Employer and Caregiver and if the Caregiver is under 18 years of age, signed by a parent or guardian of the Caregiver; 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 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 (iv) states the day on which the arrangement commences. (7) The Employer must give the Caregiver a copy of the individual flexibility arrangement within 14 days after it is agreed to. (8) The Employer or 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 caregiver agree in writing – at any time.

FLEXIBILITY TERM. (1) The An Employer and a Caregiver covered by this Enterprise Agreement may agree to make an individual flexibility arrangement (“IFA”) to vary the effect of terms of the this Agreement if: (a) the arrangement deals with 1 or more matters identified in Schedule C to this Agreement or relates to any of the following mattersfollowing: (i) Arrangements about arrangements for when work is performed;; or (ii) Overtime overtime rates;; or (iii) Penalty penalty rates;; or (iv) Allowances;allowances; or (v) Leave annual leave loading; (vi) Parental Leave; (vii) Flexibile work options. (b) the arrangement meets the genuine needs of the Employer and Caregiver 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 Caregiver. (2) The Employer must ensure that the terms of the IFAindividual flexibility arrangement: (a) are about permitted matters under s172 section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under s194 section 194 of the ActFair Work Act 2009; and (c) result in the Caregiver being better off overall than the caregiver Caregiver would be if no arrangement was made; and (d) must be documented in such a manner as to allow inspection under s482 section 482 of the ActFair Work Act 2009. (3a) 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. (4b) Any disagreement arising from the operation of this subclause must be resolved in accordance with Clause 51 - Dispute Settlement Procedures of this Agreement. (5c) For the avoidance of doubt, providing information concerning the Union under this subclause does not mean that that the Union must approve or consent to the IFAindividual flexibility arrangement. (64) The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and Caregiver; and (c) is signed by the Employer and Caregiver and if the Caregiver is under 18 years of age, signed by a parent or guardian of the Caregiver; 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 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 (ive) states the day on which the arrangement commences. (75) The Employer must give the Caregiver a copy of the individual flexibility arrangement within 14 days after at the time it is agreed tosigned by the Caregiver and Employer. (8) 6) The Employer or caregiver 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 caregiver Caregiver agree in writing – — at any time.