Common use of Flexibility Clause in Contracts

Flexibility. 6.1 An 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) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (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. 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. 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 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; 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer 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 and Employee agree in writing — at any time.

Flexibility. 6.1 An 7.1 The Employer and an Employee covered by this Agreement Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement this Schedule if: (a) 7.1.1 the Agreement agreement deals with one 1 or more of the following matters: (i) overtime ratesarrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowancesSalary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and (v) leave loading. (b) 7.1.2 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)7.1.1; and (c) 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 7.2 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 being better off overall than the Employee would be if no arrangement was made. 6.3 7.3 The Employer must ensure that the individual flexibility arrangement: (a) 7.3.1 is in writing; and (b) 7.3.2 includes the name of the Employer and Employee; and (c) 7.3.3 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) 7.3.4 includes details of: (i) the terms of the Agreement Schedule 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) 7.3.5 states the day on which the arrangement commences. 6.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 7.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 7.5.2 if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 14.1 An Employer employer and an 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: (a) the Agreement arrangement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.remuneration; and/or (vi) leave; and (b) 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 (c) the arrangement is genuinely agreed to by the Employer employer and Employeethe employee. 6.2 14.2 The Employer 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. 6.3 14.3 The Employer employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer employer and Employeeemployee; and (c) is signed by the Employer 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) the terms of the Agreement this 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 commencescommences and, where applicable, when the arrangement ceases. 6.4 14.4 The Employer employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 14.5 The Employer employee or the Employee Director 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 employee and Employee the Director agree in writing — at any time. 14.6 The employer will report on the use of these arrangements to each meeting of the Workplace Relations Committee (WRC). That information will include the following (but without identifying any individual): (a) The number of flexibility arrangements. 14.7 In the event a request for a flexibility arrangement is not approved, the employer is required to advise the employee in writing, of the reasons why their request was not approved.

Flexibility. 6.1 An Employer 8.1. 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: (a) the Agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ivii) allowancesovertime rates; (iii) penalty rates; and (viv) leave loadingallowances. (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. 6.2 8.2. Where the Company wants to enter into a variation agreement with an individual Employee, it must provide a written proposal to the Employee. Where the Employee’s understanding in written English is limited, the Company must take measures, including translation into an appropriate language, to ensure that the Employee understands the proposal. 8.3. Provided, however, that the company must ensure that any variation agreement is genuinely agreed to by the Company and the Employee and that it results in the Employee being better off overall than they would have been without the agreement. 8.4. The Employer Company must also ensure that any such variation agreement is: (a) In writing (including details of the terms that will be varied, how the arrangement will vary the effect of the terms, 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 the day on which the arrangement commences); (b) Signed by the parties (i.e. the company and Employee), and if the Employee is under 18, by a parent or guardian of the Employee; (c) Provided to the Employee within 14 days after it is agreed to; (d) Able to be terminated by either party given written notice of not more than 28 days, or at any time by both parties agreeing in writing. 8.5. The Company 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. 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 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; 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer 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 and Employee agree in writing — at any time.

Flexibility. 6.1 An 9.1 The Employer and an Employee covered by this Agreement may (but are not obliged to) agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if: (a) the Agreement agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (b) 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); and (c) the arrangement is genuinely agreed to by the Employer and the Employee. 6.2 9.2 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 flexibility arrangement was made. 6.3 9.3 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 Employee the 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 this Agreement that will be varied by the flexibility arrangement; and (ii) how the flexibility 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 flexibility arrangement; and (e) states the day on which the flexibility arrangement commences. 6.4 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 9.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days days' written notice to the other party to the arrangement; or (b) at any time if the Employer and the Employee agree in writing — at any timewriting.

Flexibility. ‌ 6.1 An 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) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (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. 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. 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 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; 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer 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 and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 8.1 The Company 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 Agreement agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ivii) allowancesovertime rates; (iii) penalty rates; and (viv) leave loadingallowances. (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. 6.2 8.2 Where the Company wants to enter into a variation agreement with an individual Employee, it must provide a written proposal to the Employee. Where the Employee’s understanding in written English is limited, the Company must take measures, including translation into an appropriate language, to ensure that the Employee understands the proposal. 8.3 Provided, however, that the company must ensure that any variation agreement is genuinely agreed to by the Company and the Employee and that it results in the Employee being better off overall than they would have been without the agreement. 8.4 The Employer Company must also ensure that any such variation agreement is: (a) In writing (including details of the terms that will be varied, how the arrangement will vary the effect of the terms, 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 the day on which the arrangement commences); (b) Signed by the parties (i.e. the company and Employee), and if the Employee is under 18, by a parent or guardian of the Employee; (c) Provided to the Employee within 14 days after it is agreed to; (d) Able to be terminated by either party given written notice of not more than 28 days, or at any time by both parties agreeing in writing. 8.5 The Company 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. 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 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; 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer 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 and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 52.1. The Company and an any Employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if: (a) the Agreement deals with one or more of the following mattersmatter: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matters matter mentioned in paragraph (a); and (ciii) the arrangement is genuinely agreed to by the Employer Company and Employee. 6.2 52.2. The Employer Company must ensure that the terms of the individual flexibility arrangementIFA: (a) are about permitted matters under section 172 s.172 of the Act; and (b) are not unlawful terms under section 194 s.194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 52.3. The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer Company and the Employee; and (c) is signed by the Employer Company 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) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the 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. 6.4 52.4. The Employer Company must give the Employee a copy of the individual flexibility arrangement IFA within 14 fourteen (14) days after it is agreed to. 6.5 52.5. The Employer Company or the Employee may terminate the individual flexibility arrangementIFA: (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 Company and the Employee agree in writing — writing- at any time.

Flexibility. 6.1 An 9.1 The Employer and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the Agreement agreement if: (a) 9.1.1 the Agreement agreement deals with one (1) or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) 9.1.1.1 arrangements about when work is performed; (iv) 9.1.1.2 overtime rates 9.1.1.3 penalty rates 9.1.1.4 allowances 9.1.1.5 leave loading; and (v) leave loading. (b) 9.1.2 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)Sub Clause 9.1; and (c) 9.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 9.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) 9.2.1 are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) 9.2.2 are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) 9.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 9.3 The Employer must ensure that the individual flexibility arrangement: (a) 9.3.1 is in writing; and (b) 9.3.2 includes the name of the Employer and the Employee; and (c) 9.3.3 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) 9.3.4 includes details of: (i) 9.3.4.1 the terms of the Agreement enterprise agreement that will be varied by the arrangement; and; (ii) 9.3.4.2 and how the arrangement will vary the effect of the terms; and (iii) 9.3.4.3 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 (e) 9.3.4.4 states the day on which the arrangement commences. 6.4 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 9.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) 9.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 9.5.2 if the Employer and Employee agree in writing — – at any time.

Flexibility. 6.1 An (a) 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: (ai) the Agreement deals with one or more of the following matterswith: (i) overtime rates; (ii) penalty rates; (iiiA) arrangements about when work is performed;. (ivB) allowancesovertime rates. (C) penalty rates. (D) Allowances. (E) leave loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (aa)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 (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. 6.3 (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 if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: (iA) the terms of the Agreement that will be varied by the arrangement; and (iiB) how the arrangement will vary the effect of the terms; and (iiiC) 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 (eD) states the day on which the arrangement commences. 6.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more less 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. 6.1 An 10.1 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) the The Agreement deals with one (1) or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements Arrangements about when work is performed; (ii) Overtime rates; (iii) Penalty rates; (iv) allowancesAllowances; (v) Leave loading; and (v) leave loading. (b) 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 (a); and (c) the The arrangement is genuinely agreed to by the Employer and Employee. 6.2 10.2 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. 6.3 10.3 The Employer must ensure that the individual flexibility arrangementagreement: (a) is Is in writing; and (b) includes Includes the name of the Employer and Employee; 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 (d) includes 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 over in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) states States the day on which the arrangement commences. 6.4 10.4 The Employer must give the Employee a copy of the individual flexibility arrangement agreement within 14 days after it is agreed to. 6.5 10.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more less than 28 days written notice to the other party to the arrangement; or (b) if If the Employer and Employee agree in writing — – at any time. 10.6 Where the Employer requests that an Employee enter into an individual flexibility arrangement and the Employee agrees to such request, the Employer will notify the Union that the arrangement has been entered into. Where an Employee requests an individual flexibility arrangement, the Employee can elect to advise the Union that the arrangement has been entered into.

Flexibility. 6.1 An 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 Agreement flexibility agreement deals with one (1) or more of the following matters: (i) overtime ratesclause 39.5 – Compassionate Leave; (ii) penalty rates;clause 40 – Parental Leave; or (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loadingclause 44 – Community Service and Jury Service. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned outlined in paragraph (aclause 13.1(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 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. 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 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 this Agreement that will be varied by the arrangement; and; (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and. (e) states the day on which the arrangement commences. 6.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 . The Employer 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 and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 20.1 The Company and an Employee 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 Agreement agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (vi) available spans; (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. 6.2 20.2 The Employer Company 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 employee being better off overall than the Employee employee would be if no arrangement was made. 6.3 20.3 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 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) 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; 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. 6.4 20.4 The Employer Company must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 20.5 The Employer Company or the 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 — - at any time.

Flexibility. 6.1 An (a) The Employer and an Employee covered by this Agreement individual flexibility arrangement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (aa)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 (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. 6.3 (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 if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: (iA) the terms of the Agreement that will be varied by the arrangement; and (iiB) how the arrangement will vary the effect of the terms; and (iiiC) 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 (eD) states the day on which the arrangement commences. 6.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more less 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. 6.1 An Employer The Company and an Employee one of its Employees covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matters matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 6.2 . 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 (Cth); and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 . 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 that will be varied by the arrangement; and; (ii) how the arrangement will vary the effect of the terms; and; (iiii) 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. 6.4 . The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 . The Employer Company or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days 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. 6.1 An Employer 32.1 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: (a) the Agreement arrangement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (b) the arrangement meets the genuine needs of the Employer Company and Employee in relation to one 1 or more of the matters mentioned in paragraph (aclause 32.1(a); and (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 6.2 32.2 The Employer Company 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. 6.3 32.3 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 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. 6.4 32.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 32.5 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 Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 10.1 The College 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 Agreement individual flexibility arrangement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; (b) the arrangement meets the genuine needs of the Employer College and the Employee in relation to one or more of the matters mentioned in paragraph (a)10.1(a) above; and (c) the arrangement is genuinely agreed to by the Employer College and the Employee. 6.2 10.2 The Employer College 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. 6.3 10.3 The Employer College must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer College and Employee; and (c) is signed by the Employer College and the 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 this Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 6.4 10.4 The Employer College must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 10.5 The Employer College or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days days’ written notice to the other party to the arrangement; or (b) if the Employer College and the Employee agree in writing — at any time.

Flexibility. 6.1 An 34.1. The Employer and an any Employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the Agreement if: (a) the Agreement IFA deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 34.2. The Employer must ensure that the terms of the individual flexibility arrangementIFA: (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 results in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 34.3. The Employer must ensure that the individual flexibility arrangementIFA: (a) is in writing; and; (b) includes the name of the Employer and the 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) and includes details of: (id) the terms of the Agreement that will be varied by the arrangement; andIFA; (iie) how the arrangement IFA will vary the effect of the terms; and; (iiif) 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 arrangementIFA; and (eg) states the day on which the arrangement IFA commences. 6.4 34.4. The Employer must give the Employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 6.5 34.5. The Employer or the Employee may terminate the individual flexibility arrangementIFA: (a) by giving no more than 28 days written notice to the other party to the arrangementIFA; or (b) if the Employer and the Employee agree agree, in writing — at any time.

Flexibility. 6.1 An Employer 8.1 The Company 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 Agreement agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ivii) allowancesovertime rates; (iii) penalty rates; and (viv) leave loadingallowances. (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. 6.2 8.2 Where the Company wants to enter into a variation agreement with an individual Employee, it must provide a written proposal to the Employee. Where the Employee’s understanding in written English is limited, the Company must take measures, including translation into an appropriate language, to ensure that the Employee understands the proposal. 8.3 Provided, however, that the Company must ensure that any variation agreement is genuinely agreed to by the Company and the Employee and that it results in the Employee being better off overall than they would have been without the agreement. 8.4 The Employer Company must also ensure that any such variation agreement is: (a) In writing (including details of the terms that will be varied, how the arrangement will vary the effect of the terms, 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 the day on which the arrangement commences); (b) Signed by the parties (i.e. the company and Employee), and if the Employee is under 18, by a parent or guardian of the Employee; (c) Provided to the Employee within 14 days after it is agreed to; (d) Able to be terminated by either party given written notice of not more than 28 days, or at any time by both parties agreeing in writing. 8.5 The Company 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. 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 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; 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer 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 and Employee agree in writing — at any time.

Flexibility. 6.1 An 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) 7.1.1 the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iiia) arrangements about when work is performed; (ivb) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and (v) leave loading. (b) 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a)clause 7.1.1; and (c) 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 . The Employer must ensure that the terms of the individual flexibility arrangement: (a) 7.2.1 are about permitted matters under section 172 of the Act; andAct ; (b) 7.2.2 are not unlawful terms under section 194 of the Act; and (c) 7.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 . The Employer must ensure that the individual flexibility arrangement: (a) 7.3.1 is in writing; and (b) 7.3.2 includes the name of the Employer and Employee; and (c) 7.3.3 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) 7.3.4 includes details of: (ia) the terms of the Agreement that will be varied by the arrangement; and (iib) how the arrangement will vary the effect of the terms; and (iiic) 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) 7.3.5 states the day on which the arrangement commences. 6.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 . The Employer or the Employee may terminate the individual flexibility arrangement: (a) 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 7.5.2 if the Employer and Employee agree in writing — - at any time.

Flexibility. 6.1 An Employer 51.1 Symbion and an Employee employee covered by this enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the this Agreement if: (a) the employee's circumstances are that they are a parent or carer and the change in working arrangements would assist them in their parental or carer's responsibilities; (b) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) arrangements about when work is performed and penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bc) the arrangement meets the genuine needs of the Employer Xxxxxxx and Employee employee in relation to one or more of the matters mentioned in paragraph above; (a)d) the employee has had the opportunity to consult with their representative; and, (ce) the arrangement is genuinely agreed to by the Employer Xxxxxxx and Employeeemployee and not under duress or coercion. 6.2 The Employer 51.2 Symbion 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 employee would be if no arrangement was made; and. 6.3 The Employer (d) are not made a condition of engagement. 51.3 Symbion must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer Xxxxxxx and Employeeemployee; and (c) is signed by the Employer Xxxxxxx 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) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the 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. 6.4 The Employer 51.4 Symbion must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer 51.5 Symbion or the 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 Xxxxxxx and Employee employee agree in writing — at any time.

Flexibility. 6.1 An 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 Agreement agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed, overtime and penalty rates; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph above; (a)c) the Employee has had the opportunity to consult with their representative; and (cd) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 Employee and is not made under duress or coercion. 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. 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 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 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. 6.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 . The Employer 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 and Employee agree in writing — at any time.

Flexibility. 6.1 An 32.1 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) the Agreement agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (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 (a32.1a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 32.2 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. 6.3 32.3 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: (ie) the terms of the Agreement that will be varied by the arrangement; and (iif) how the arrangement will vary the effect of the terms; and (iiig) 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 (eh) states the day on which the arrangement commences. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer 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 and Employee agree in writing — at any time.

Flexibility. 6.1 An 9.1. 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: 9.1.1. the agreement deals with the following matter:‌ (a) the Agreement deals Salary Packaging - an Employee may elect a salary packaging arrangement in accordance with one or more Clause 26 of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowancesthis Agreement; and (v) leave loading.or (b) part-year employment, and 9.1.2. the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a)9.1.1; and (c) 9.1.3. the arrangement is genuinely agreed to by the Employer and Employee. 6.2 9.2. The Employer must ensure that the terms of the individual flexibility arrangement: (a) 9.2.1. are about permitted matters under section 172 of the ActFair Work Act 2009 (C’th); and (b) 9.2.2. are not unlawful terms under section 194 of the ActFair Work Act 2009 (C’th); and (c) 9.2.3. result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 9.3. The Employer must ensure that the individual flexibility arrangement: (a) 9.3.1. is in writing; and (b) 9.3.2. includes the name of the Employer and Employee; and (c) 9.3.3. 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) 9.3.4. includes details of: (ia) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and (iib) how the arrangement will vary the effect of the terms; and (iiic) 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) 9.3.5. states the day on which the arrangement commences. 6.4 9.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 9.5. The Employer or the Employee may terminate the individual flexibility arrangement: (a) 9.5.1. by giving no more than 28 days written notice to the other party to the arrangement; or (b) 9.5.2. if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 12.1 The College and an Employee covered by this Agreement may (but are not obliged to) agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if: (a) the Agreement agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (b) the arrangement meets the genuine needs of the Employer College and the 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 College and the Employee. 6.2 12.2 The Employer College 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 flexibility arrangement was made. 6.3 12.3 The Employer College must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer College and the Employee; and (c) is signed by the Employer College and Employee the 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 this Agreement that will be varied by the flexibility arrangement; and (ii) how the flexibility 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 flexibility arrangement; and (e) states the day on which the flexibility arrangement commences. 6.4 12.4 The Employer College must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 12.5 The Employer College or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days days' written notice to the other party to the arrangement; or (b) at any time if the Employer College and the Employee agree in writing — at any timewriting.

Flexibility. 6.1 An (a) 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: (ai) the Agreement deals with one or more of the following matterswith: (i) overtime rates; (ii) penalty rates; (iiiA) arrangements about when work is performed; (ivB) overtime rates; (C) penalty rates (D) allowances; (E) leave loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (aa)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 (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. 6.3 (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 if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: (iA) the terms of the Agreement that will be varied by the arrangement; and (iiB) how the arrangement will vary the effect of the terms; and (iiiC) 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 (eD) states the day on which the arrangement commences. 6.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more less 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. 6.1 An Employer 25.1 The company and an 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: (a) the Agreement agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading; (vi) flexibility in pre and post Parental Leave work arrangements; (vii) job share arrangements; and (viii) Shotfirers’ terms and conditions of employment. (b) the arrangement meets the genuine needs of the Employer company and Employee the 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 Employeethe employee. 6.2 25.2 The Employer company 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 employee would be if no arrangement was made. 6.3 25.3 The Employer company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer company and Employeethe employee; and (c) is signed by the Employer company and Employee the 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) 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; 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. 6.4 25.4 The Employer company must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 25.5 The Employer company or the 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 the employee agree in writing — – at any time.

Flexibility. 6.1 An 20.1. The Employer and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement to vary the effect of terms of the Agreement if: (a) if the Agreement agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iiia) arrangements about when work is performed; (ivb) overtime rates; c) penalty rates; d) allowances; and; (ve) leave loading. (b) ; and the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a)this clause; and (c) and the arrangement is genuinely agreed to by the Employer and Employee. 6.2 20.2. The Employer must ensure that the terms of the individual flexibility arrangementIndividual 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. 6.3 20.3. The Employer must ensure that the individual flexibility arrangementIndividual 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. 6.4 20.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 20.5. The Employer or the Employee may terminate the individual flexibility f lexibility 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. 6.1 An 7.1 The Employer and an Employee covered by this Agreement Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement this Schedule if: (a) 7.1.1 the Agreement agreement deals with one 1 or more of the following matters:matters:‌ (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performedperformed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ivii) allowancesSalary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and (v) leave loading. (b) 7.1.2 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)7.1.1; and (c) 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 7.2 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 being better off overall than the Employee would be if no arrangement was made. 6.3 7.3 The Employer must ensure that the individual flexibility arrangement: (a) 7.3.1 is in writing; and (b) 7.3.2 includes the name of the Employer and Employee; and (c) 7.3.3 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) 7.3.4 includes details of: (i) the terms of the Agreement Schedule 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) 7.3.5 states the day on which the arrangement commences. 6.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 7.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 7.5.2 if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer (a) WaterNSW and an Employee 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 Agreement arrangement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iiiA) arrangements about when work is performed; (ivB) overtime rates; (C) penalty rates; (D) allowances; (E) leave loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of XxxxxXXX and the Employer and Employee employee in relation to one or more of the matters mentioned in paragraph 3.6 (a) (i); and (ciii) the arrangement is genuinely agreed to by XxxxxXXX and the Employer and Employeeemployee. 6.2 The Employer (b) WaterNSW must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act; and (bii) are not unlawful terms under section 194 of the Fair Work Act; and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 6.3 The Employer (c) WaterNSW must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of XxxxxXXX and the Employer and Employeeemployee; and (ciii) is signed by XxxxxXXX 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 (div) includes details of: (iA) the terms of the Agreement that will be varied by the arrangement; and (iiB) how the arrangement will vary the effect of the terms; and (iiiC) 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 (eD) states the day on which the arrangement commences. 6.4 The Employer (d) XxxxxXXX must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer (e) WaterNSW or the Employee employee may terminate the individual flexibility arrangement: (ai) by giving no more less 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. 6.1 An (a) 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: (ai) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (aa)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 (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. 6.3 (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 if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: (iA) the terms of the Agreement that will be varied by the arrangement; and (iiB) how the arrangement will vary the effect of the terms; and (iiiC) 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 (eD) states the day on which the arrangement commences. 6.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more less 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.