Common use of Flexibility Clause in Contracts

Flexibility. 7.1 The Employer and an Employee covered by this Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule if: 7.1.1 the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1; and 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 is in writing; and 7.3.2 includes the name of the Employer and Employee; and 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 7.3.4 includes details of: (i) the terms of the 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 7.3.5 states the day on which the arrangement commences. 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 The 6.1 An Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 (a) the agreement Agreement deals with 1 one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (iiiv) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleallowances; and 7.1.2 (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 6.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer and Employee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the arrangement commences. 7.4 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 8.1 The Employer Company and an Employee covered by this Schedule enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the agreement if: 7.1.1 (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleovertime rates; (iii) penalty rates; and 7.1.2 (iv) allowances. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 The Employer 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 terms of Company and the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result Employee and that it results in the Employee being better off overall than they would have been without the Employee would be if no arrangement was madeagreement. 7.3 8.4 The Employer Company must also ensure that the individual flexibility arrangement: 7.3.1 is in writing; and 7.3.2 includes the name of the Employer and Employee; and 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 7.3.4 includes details ofany such variation agreement is: (ia) In writing (including details of the terms of the Schedule that will be varied by the arrangement; and (ii) varied, 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 7.3.5 states , and the day on which the arrangement commences.); 7.4 The Employer must give (b) Signed by the parties (i.e. the company and Employee), and if the Employee is under 18, by a copy parent or guardian of the individual flexibility arrangement 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. 7.5 8.5 The Employer or Employee may terminate Company must ensure that the individual terms of the flexibility arrangement: 7.5.1 by giving (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 more than 28 days written notice to the other party to the arrangement; or 7.5.2 if the Employer and Employee agree in writing — at any timearrangement was made.

Flexibility. 7.1 9.1 The Employer and an Employee covered by this Schedule Agreement may (but are not obliged to) agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule Agreement if: 7.1.1 (a) the agreement deals with 1 one or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleovertime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and 7.1.2 (b) the arrangement meets the genuine needs of the Employer and the Employee in relation to 1 one or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer and the Employee. 7.2 9.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result in the Employee being better off overall than the Employee would be if no flexibility arrangement was made. 7.3 9.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer and the Employee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the flexibility arrangement commences. 7.4 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 9.5 The Employer or the Employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days days' written notice to the other party to the arrangement; or 7.5.2 (b) at any time if the Employer and the Employee agree in writing — at any timewriting.

Flexibility. 7.1 The ‌ 6.1 An Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 (a) the agreement Agreement deals with 1 one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (iiiv) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleallowances; and 7.1.2 (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 6.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer and Employee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the arrangement commences. 7.4 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 The Employer 14.1 An employer and an Employee employee covered by this Schedule enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the agreement if: 7.1.1 (a) the agreement arrangement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleovertime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/or (vi) leave; and 7.1.2 (b) the arrangement meets the genuine needs of the Employer employer and Employee employee in relation to 1 or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer employer and Employeethe employee. 7.2 14.2 The Employer employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iiic) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 7.3 14.3 The Employer employer must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer employer and Employeeemployee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the arrangement commencescommences and, where applicable, when the arrangement ceases. 7.4 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. 7.5 14.5 The Employer employee or Employee the Director may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 (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. 7.1 8.1. The Employer Company and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 (a) the agreement Agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleovertime rates; (iii) penalty rates; and 7.1.2 (iv) allowances. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 The Employer 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 terms of Company and the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result Employee and that it results in the Employee being better off overall than they would have been without the Employee would be if no arrangement was madeagreement. 7.3 8.4. The Employer Company must also ensure that the individual flexibility arrangement: 7.3.1 is in writing; and 7.3.2 includes the name of the Employer and Employee; and 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 7.3.4 includes details ofany such variation agreement is: (ia) In writing (including details of the terms of the Schedule that will be varied by the arrangement; and (ii) varied, 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 7.3.5 states , and the day on which the arrangement commences.); 7.4 The Employer must give (b) Signed by the parties (i.e. the company and Employee), and if the Employee is under 18, by a copy parent or guardian of the individual flexibility arrangement 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. 7.5 8.5. The Employer or Employee may terminate Company must ensure that the individual terms of the flexibility arrangement: 7.5.1 by giving (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 more than 28 days written notice to the other party to the arrangement; or 7.5.2 if the Employer and Employee agree in writing — at any timearrangement was made.

Flexibility. 7.1 The Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule Agreement if: 7.1.1 (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed, overtime and penalty rates; (iib) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1above; (c) the Employee has had the opportunity to consult with their representative; and 7.1.3 (d) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 Employee and is not made under duress or coercion. The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 . The Employer must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer and Employee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the arrangement commences. 7.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 . The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 10.1 The Employer College and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule Agreement if: 7.1.1 (a) the agreement individual flexibility arrangement deals with 1 one or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; andovertime rates; 7.1.2 (iii) penalty rates; (iv) allowances; (v) leave loading; (b) the arrangement meets the genuine needs of the Employer College and the Employee in relation to 1 one or more of the matters mentioned in 7.1.1paragraph 10.1(a) above; and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer College and the Employee. 7.2 10.2 The Employer College must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 10.3 The Employer College must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer College and Employee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (iv) states the day on which the arrangement commences. 7.4 10.4 The Employer College must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 10.5 The Employer College or the Employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days days’ written notice to the other party to the arrangement; or 7.5.2 (b) if the Employer College and the Employee agree in writing — at any time.

Flexibility. 7.1 15.1.1. The Employer and an Employee employee covered by this Schedule agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Schedule ifagreement that deal with: 7.1.1 the agreement deals with 1 or more a) Cashing out of the following matters:annual leave (34.13) b) Meal breaks (iclause 28. 1) arrangements about when work is performed - such arrangements An IFA may only be made to vary the operation of clause 24 Hours of Work; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement entered into where it meets the genuine needs of the Employer employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1; and 7.1.3 employee and the arrangement is genuinely agreed to by the Employer and Employeethe employee. An IFA must not be entered into as a condition of employment at engagement. Employees may seek the advice of their nominated representative (who may be the Union) when entering into an IFA. 7.2 15.1.2. The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iiic) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 7.3 15.1.3. The Employer must ensure that the individual flexibility arrangement:IFA; 7.3.1 (a) is in writingwriting and provided in the appropriate language for the employee; and 7.3.2 (b) includes the name of the Employer and Employeethe employee; and 7.3.3 (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 7.3.4 includes (d) Includes details of: (i) the terms term of the Schedule 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. 7.3.5 (e) states the day on which the arrangement commences. 7.4 15.1.4. The Employer must give the Employee employee a copy of the individual flexibility arrangement within IFA 14 days after it is agreed to. 7.5 15.1.5. The Employer or Employee employee may terminate the individual flexibility arrangementIFA: 7.5.1 a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 b) if the Employer and Employee employee agree in writing — - at any time.

Flexibility. 7.1 The Employer 51.1 Symbion and an Employee employee covered by this Schedule enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Schedule Agreement if: 7.1.1 (a) the agreement 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 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workand penalty rates; (iic) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer Xxxxxxx and Employee employee in relation to 1 or more of the matters mentioned in 7.1.1above; (d) the employee has had the opportunity to consult with their representative; and, 7.1.3 (e) the arrangement is genuinely agreed to by the Employer Xxxxxxx and Employeeemployee and not under duress or coercion. 7.2 The Employer 51.2 Symbion must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; andAct; (iiic) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made; and. 7.3 The Employer (d) are not made a condition of engagement. 51.3 Symbion must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer Xxxxxxx and Employeeemployee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the arrangement commences. 7.4 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. 7.5 The Employer 51.5 Symbion or Employee employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days written notice to the other party to the arrangement; or, 7.5.2 (b) if the Employer Xxxxxxx and Employee employee agree in writing — at any time.

Flexibility. 7.1 (a) The Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 the agreement deals with 1 or more of the following matters: (i) the Agreement deals with: (A) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work;performed. (B) overtime rates. (C) penalty rates. (D) Allowances. (E) leave loading; and (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters matter mentioned in 7.1.1paragraph (a)(i); and 7.1.3 (iii) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; andAct (ii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 (c) The Employer must ensure that the individual flexibility arrangement: 7.3.1 (i) is in writing; and 7.3.2 (ii) includes the name of the Employer and Employee; and 7.3.3 (iii) 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 7.3.4 (iv) includes details of: (iA) the terms of the Schedule 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 7.3.5 (D) states the day on which the arrangement commences. 7.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 (e) The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 (i) by giving no more less than 28 days written notice to the other party to the arrangement; or 7.5.2 (ii) if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 The 10.1 Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 the agreement (a) The Agreement deals with 1 one (1) or more of the following matters: (i) arrangements Arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this ScheduleOvertime rates; (iii) Penalty rates; (iv) Allowances; (v) Leave loading; and 7.1.2 the (b) The arrangement meets the genuine needs of the Employer and Employee in relation to 1 one (1) or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 the (c) The arrangement is genuinely agreed to by the Employer and Employee. 7.2 10.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 10.3 The Employer must ensure that the individual flexibility arrangementagreement: 7.3.1 is (a) Is in writing; and 7.3.2 includes (b) Includes the name of the Employer and Employee; and 7.3.3 is (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 7.3.4 includes (d) Includes details of: (i) the terms of the Schedule 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 7.3.5 states (e) States the day on which the arrangement commences. 7.4 10.4 The Employer must give the Employee a copy of the individual flexibility arrangement agreement within 14 days after it is agreed to. 7.5 10.5 The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 by (a) By giving no more less than 28 days written notice to the other party to the arrangement; or 7.5.2 if (b) 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. 7.1 The Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule Agreement if: 7.1.1 the agreement Agreement deals with 1 one or more of the following matters: (ia) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (iib) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleovertime rates; (c) penalty rates; (d) allowances; (e) leave loading; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in clause 7.1.1; and 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 7.2 . The Employer must ensure that the terms of the individual flexibility arrangement: (i) 7.2.1 are about permitted matters under section 172 of the Fair Work Act 2009; and; (ii) 7.2.2 are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iii) 7.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 . The Employer must ensure that the individual flexibility arrangement: 7.3.1 is in writing; and 7.3.2 includes the name of the Employer and Employee; and 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 7.3.4 includes details of: (ia) the terms of the Schedule 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 7.3.5 states the day on which the arrangement commences. 7.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 . The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 if the Employer and Employee agree in writing — - at any time.

Flexibility. 7.1 (a) The Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 the agreement deals with 1 or more of the following matters: (i) the Agreement deals with: (A) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (B) overtime rates; (C) penalty rates (D) allowances; (E) leave loading; and (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters matter mentioned in 7.1.1paragraph (a)(i); and 7.1.3 (iii) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; andAct; (ii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 (c) The Employer must ensure that the individual flexibility arrangement: 7.3.1 (i) is in writing; and; 7.3.2 (ii) includes the name of the Employer and Employee; and; 7.3.3 (iii) 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 7.3.4 (iv) includes details of: (iA) the terms of the Schedule 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 7.3.5 (D) states the day on which the arrangement commences. 7.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 (e) The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 (i) by giving no more less than 28 days written notice to the other party to the arrangement; or 7.5.2 (ii) if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 8.1. The Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule ifthe Agreement provided that the individual flexibility arrangement: 7.1.1 the agreement 8.1.1. deals with 1 one or more of the following matters:; (i) 8.1.1.1. arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule8.1.1.2. overtime rates; 8.1.1.3. penalty rates 8.1.1.4. allowances; 8.1.1.5. leave loading; and 7.1.2 the arrangement 8.1.2. meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in 7.1.1those matters; and 7.1.3 the arrangement 8.1.3. is genuinely agreed to by the Employer and the Employee.; and 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (i) are 8.1.4. is about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are and is not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 8.1.5. is in writing; and 7.3.2 8.1.6. includes the name of the Employer and Employee; and 7.3.3 8.1.7. is signed by the Employer and the Employee and if the Employee is under 18 years of age, signed by a the Employee’s parent or guardian of the Employeeguardian; and 7.3.4 8.1.8. includes details of: (i) 8.1.8.1. the terms of the Schedule Agreement that will be varied by the arrangement; and (ii) and how the arrangement will vary the effect of the terms; and (iii) 8.1.8.2. 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 7.3.5 8.1.8.3. states the day on which the arrangement commences. 7.4 8.2. The Employer must ensure that the terms of the individual flexibility arrangement result in the Employee being better off overall than the Employee would be if no arrangement was made. 8.3. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 8.4. The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 8.4.1. by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 8.4.2. if the Employer and Employee agree in writing — - at any time.

Flexibility. 7.1 The Employer (a) WaterNSW and an Employee employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 (i) the agreement arrangement deals with 1 one or more of the following matters: (iA) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (B) overtime rates; (C) penalty rates; (D) allowances; (E) leave loading; and (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of XxxxxXXX and the Employer and Employee employee in relation to 1 one or more of the matters mentioned in 7.1.1paragraph 3.6 (a) (i); and 7.1.3 (iii) the arrangement is genuinely agreed to by XxxxxXXX and the Employer and Employeeemployee. 7.2 The Employer (b) WaterNSW must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 7.3 The Employer (c) WaterNSW must ensure that the individual flexibility arrangement: 7.3.1 (i) is in writing; and 7.3.2 (ii) includes the name of XxxxxXXX and the Employer and Employeeemployee; and 7.3.3 (iii) 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 7.3.4 (iv) includes details of: (iA) the terms of the Schedule 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 7.3.5 (D) states the day on which the arrangement commences. 7.4 The Employer (d) XxxxxXXX must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 The Employer (e) WaterNSW or Employee the employee may terminate the individual flexibility arrangement: 7.5.1 (i) by giving no more less than 28 days written notice to the other party to the arrangement; or 7.5.2 (ii) if the Employer employer and Employee employee agree in writing — at any time.

Flexibility. 7.1 The Employer and an Employee covered by this Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule if: 7.1.1 the agreement deals with 1 or more of the following matters:matters:‌ (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1; and 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 is in writing; and 7.3.2 includes the name of the Employer and Employee; and 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 7.3.4 includes details of: (i) the terms of the 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 7.3.5 states the day on which the arrangement commences. 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 The Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule Agreement if: 7.1.1 (a) the flexibility agreement deals with 1 one (1) or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work39.5 – Compassionate Leave; (ii) Salary Packaging clause 40 – an employee may elect a salary packaging arrangement in accordance with Parental Leave; or (iii) clause 21 of this Schedule; and44 – Community Service and Jury Service. 7.1.2 (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one (1) or more of the matters mentioned outlined in 7.1.1clause 13.1(a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 . The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; andAct; (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 . The Employer must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and; 7.3.2 (b) includes the name of the Employer and Employee; and; 7.3.3 (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; 7.3.4 (d) includes details of: (i) the terms of the Schedule 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. 7.3.5 (e) states the day on which the arrangement commences. 7.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 . The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 25.1 The Employer company and an Employee employee covered by this Schedule enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the agreement if: 7.1.1 (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; (vi) flexibility in accordance with clause 21 of this Schedulepre and post Parental Leave work arrangements; (vii) job share arrangements; and 7.1.2 (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 1 or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer company and Employeethe employee. 7.2 25.2 The Employer company must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 7.3 25.3 The Employer company must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer company and Employeethe employee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the arrangement commences. 7.4 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. 7.5 25.5 The Employer company or Employee the employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 (b) if the Employer company and Employee the employee agree in writing — – at any time.

Flexibility. 7.1 32.1 The Employer Company and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 (a) the agreement arrangement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleovertime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and 7.1.2 (b) the arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 or more of the matters mentioned in 7.1.1clause 32.1(a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 7.2 32.2 The Employer Company must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009FW Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 32.3 The Employer Company must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer Company and Employee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the arrangement commences. 7.4 32.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 32.5 The Employer Company or Employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 (b) if the Employer Company and Employee agree in writing — at any time.

Flexibility. 7.1 (a) The Employer and an Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the Agreement if: 7.1.1 the agreement deals with 1 or more of the following matters: (i) the Agreement deals with arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters matter mentioned in 7.1.1paragraph (a)(i); and 7.1.3 (iii) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; andAct; (ii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 (c) The Employer must ensure that the individual flexibility arrangement: 7.3.1 (i) is in writing; and; 7.3.2 (ii) includes the name of the Employer and Employee; and; 7.3.3 (iii) 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 7.3.4 (iv) includes details of: (iA) the terms of the Schedule 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 7.3.5 (D) states the day on which the arrangement commences. 7.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 (e) The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 (i) by giving no more less than 28 days written notice to the other party to the arrangement; or 7.5.2 (ii) if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 12.1 The Employer College and an Employee covered by this Schedule Agreement may (but are not obliged to) agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule Agreement if: 7.1.1 (a) the agreement deals with 1 one or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleovertime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and 7.1.2 (b) the arrangement meets the genuine needs of the Employer College and the Employee in relation to 1 one or more of the matters mentioned in 7.1.1paragraph (a); and 7.1.3 (c) the arrangement is genuinely agreed to by the Employer College and the Employee. 7.2 12.2 The Employer College must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result in the Employee being better off overall than the Employee would be if no flexibility arrangement was made. 7.3 12.3 The Employer College must ensure that the individual flexibility arrangement: 7.3.1 (a) is in writing; and 7.3.2 (b) includes the name of the Employer College and the Employee; and 7.3.3 (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 7.3.4 (d) includes details of: (i) the terms of the Schedule 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 7.3.5 (e) states the day on which the flexibility arrangement commences. 7.4 12.4 The Employer College must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 12.5 The Employer College or the Employee may terminate the individual flexibility arrangement: 7.5.1 (a) by giving no more than 28 days days' written notice to the other party to the arrangement; or 7.5.2 (b) at any time if the Employer College and the Employee agree in writing — at any timewriting.

Flexibility. 7.1 34.1. The Employer and an any Employee covered by this Schedule Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Schedule the Agreement if: 7.1.1 a) the agreement IFA deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (iib) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters matter mentioned in 7.1.1paragraph (a); and 7.1.3 c) the arrangement is genuinely agreed to by the Employer and Employee. 7.2 34.2. The Employer must ensure that the terms of the individual flexibility arrangementIFA: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; andAct; (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result results in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 34.3. The Employer must ensure that the individual flexibility arrangementIFA: 7.3.1 a) is in writing; and; 7.3.2 b) includes the name of the Employer and the Employee; and; 7.3.3 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 7.3.4 and includes details of: (id) the terms of the Schedule 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 7.3.5 g) states the day on which the arrangement IFA commences. 7.4 34.4. The Employer must give the Employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 7.5 34.5. The Employer or Employee may terminate the individual flexibility arrangementIFA: 7.5.1 a) by giving no more than 28 days written notice to the other party to the arrangementIFA; or 7.5.2 b) if the Employer and the Employee agree agree, in writing — at any time.

Flexibility. 7.1 9.1. The Employer and an Employee covered by this Schedule enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule the agreement if: 7.1.1 9.1.1. the agreement deals with 1 or more of the following matters:matter:‌ (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (iia) Salary Packaging – - an employee Employee may elect a salary packaging arrangement in accordance with clause 21 Clause 26 of this ScheduleAgreement; or (b) part-year employment, and 7.1.2 9.1.2. the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in 7.1.19.1.1; and 7.1.3 9.1.3. the arrangement is genuinely agreed to by the Employer and Employee. 7.2 9.2. The Employer must ensure that the terms of the individual flexibility arrangement: (i) 9.2.1. are about permitted matters under section 172 of the Fair Work Act 20092009 (C’th); and (ii) 9.2.2. are not unlawful terms under section 194 of the Fair Work Act 20092009 (C’th); and (iii) 9.2.3. result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 9.3. The Employer must ensure that the individual flexibility arrangement: 7.3.1 9.3.1. is in writing; and 7.3.2 9.3.2. includes the name of the Employer and Employee; and 7.3.3 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 7.3.4 9.3.4. includes details of: (ia) the terms of the Schedule 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 7.3.5 9.3.5. states the day on which the arrangement commences. 7.4 9.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 9.5. The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 9.5.1. by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 9.5.2. if the Employer and Employee agree in writing — at any time.

Flexibility. 7.1 20.1. The Employer and an Employee covered by this Schedule Enterprise Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement to vary the effect of terms of this Schedule if: 7.1.1 the Agreement if the agreement deals with 1 or more of the following matters: (ia) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Workperformed; (iib) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Scheduleovertime rates; c) penalty rates; d) allowances; e) leave loading; and 7.1.2 and the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in 7.1.1this clause; and 7.1.3 and the arrangement is genuinely agreed to by the Employer and Employee. 7.2 20.2. The Employer must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iiic) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 20.3. The Employer must ensure that the individual flexibility arrangementIndividual Flexibility Arrangement: 7.3.1 a) is in writing; and 7.3.2 b) includes the name of the Employer and Employee; and 7.3.3 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 7.3.4 d) includes details of: (i) the terms of the Schedule 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 7.3.5 e) states the day on which the arrangement commences. 7.4 20.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 20.5. The Employer or Employee may terminate the individual flexibility f lexibility arrangement: 7.5.1 a) by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 b) if the Employer and Employee agree in writing — - at any time.

Flexibility. 7.1 9.1 The Employer and an Employee covered by this Schedule enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Schedule the agreement if: 7.1.1 9.1.1 the agreement deals with 1 one (1) or more of the following matters: (i) 9.1.1.1 arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work;performed (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule9.1.1.2 overtime rates 9.1.1.3 penalty rates 9.1.1.4 allowances 9.1.1.5 leave loading; and 7.1.2 9.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1Sub Clause 9.1; and 7.1.3 9.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 7.2 9.2 The Employer must ensure that the terms of the individual flexibility arrangement: (i) 9.2.1 are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) 9.2.2 are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) 9.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 9.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 9.3.1 is in writing; and 7.3.2 9.3.2 includes the name of the Employer and the Employee; and 7.3.3 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 7.3.4 9.3.4 includes details of: (i) 9.3.4.1 the terms of the Schedule 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 7.3.5 9.3.4.4 states the day on which the arrangement commences. 7.4 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 9.5 The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 9.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 9.5.2 if the Employer and Employee agree in writing — – at any time.