Common use of Flexibility Clause in Contracts

Flexibility. (1) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — at any time.

Flexibility. (1) a. An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) 1. the agreement deals with 1 or more of the following matters: (ia) arrangements about when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances; (ve) leave loading; and (b) 2. the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (a1); and (c) 3. the arrangement is genuinely agreed to by the employer and employee. (2) b. The employer must ensure that the terms of the individual flexibility arrangement: (a1) are about permitted matters under section 172 of the Fair Work Act 2009; and (b2) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c3) result in the employee being better off overall than the employee would be if no arrangement was made. (3) c. The employer must ensure that the individual flexibility arrangement: (a1) is in writing; and (b2) includes the name of the employer and employee; and (c3) 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 (d4) includes details of: (ia) the terms of the enterprise agreement that will be varied by the arrangement; and (iib) how the arrangement will vary the effect of the termsterms ; 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. (4) d. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) e. The employer or employee may terminate the individual flexibility arrangement: (a1) by giving no more than 28 days written notice to the other party to the arrangement; or (b2) if the employer and employee agree in writing — – at any time.

Flexibility. (1) An employer Employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) if the agreement deals with 1 or more of the following matters: (i) : • arrangements about when work is performed; (ii) ; • overtime rates; (iii) ; • penalty rates; (iv) ; • allowances; (v) ; • leave loading; and (b) and the arrangement meets the genuine needs of the employer Employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) above, and the arrangement is genuinely agreed to by the employer Employer and employee. (2) . The employer Employer must ensure that the terms of the individual flexibility arrangement: (a) : • are about permitted matters under section 172 of the Fair Work Act 2009; and (b) and • are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) and • result in the employee being better off overall than the employee would be if no arrangement was made. (3) . The employer Employer must ensure that the individual flexibility arrangement: (a) arrangement is in writing; and (b) , includes the name of the employer Employer and employee; and (c) is signed by the employer Employer and employee 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: (i) : • the terms of the enterprise agreement that will be varied by the arrangement; and (ii) and • how the arrangement will vary the effect of the terms; and (iii) and • how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) and • states the day on which the arrangement commences. (4) . The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) . The employer Employer or employee may terminate the individual flexibility arrangement: (a) : • by giving no more than 28 days written notice to the other party to the arrangement; or (b) or • if the employer Employer and employee agree in writing — at any time.

Flexibility. (1) 5.1 An employer and employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 one or more of the following matters: (i) arrangements about when work is performed; overtime rates; (ii) overtime penalty rates; (iii) penalty ratesallowances; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) 5.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 5.3 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 18 (d) years of age, signed by a parent or guardian of the employee; and (de) 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 (ef) states the day on which the arrangement commences. (4) 5.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 5.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — - at any time.

Flexibility. (1) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the The agreement deals with 1 or more of the following matters: (i) arrangements Arrangements about when work is performed; (ii) overtime Overtime rates; (iii) penalty Penalty rates; (iv) allowancesAllowances; (v) leave Leave loading; and (b) the The arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the The arrangement is genuinely agreed to by the employer and employee. (2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are Are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result Result in the employee being better off overall than the employee would be if no arrangement was made. (3) The employer must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of the employer and 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 The terms of the enterprise agreement that will be varied by the arrangement; and (ii) how How the arrangement will vary the effect of the terms; and (iii) how 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 States the day on which the arrangement commences. (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer or employee may terminate the individual flexibility arrangement: (a) by By giving no more 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.

Flexibility. (1) 1.7.1 An employer and employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if: (a) the agreement Agreement deals with 1 or more of the following matters: (i) arrangements about when work leave loading is performedpaid; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loadingcashing out of Long Service Leave entitlement; and (b) the arrangement meets the genuine needs of the employer Employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Employer and employee. (2) 1.7.2 The employer Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 1.7.3 The employer Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Employer and employee; and (c) is signed by the employer 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 Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 1.7.4 The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 1.7.5 The employer Employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — at any time.

Flexibility. (1) 13.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) 13.1.1 the agreement deals with 1 one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) 13.1.2 the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a)13.1.1; and (c) 13.1.3 the arrangement is genuinely agreed to by the employer and employee. (2) 13.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) 13.2.1 are about permitted matters under section 172 of the Fair Work Act 2009; and (b) 13.2.2 are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) 13.2.3 result in the employee being better off overall than the employee would be if no arrangement was made. (3) 13.3 The employer must ensure that the individual flexibility arrangement: (a) 13.3.1 is in writing; and (b) 13.3.2 includes the name of the employer and employee; and (c) 13.3.3 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) 13.3.4 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) 13.3.5 states the day on which the arrangement commences. (4) 13.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 13.5 The employer or employee may terminate the individual flexibility arrangement: (a) 13.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 13.5.2 if the employer and employee agree in writing — at any time.

Flexibility. (1) An 7.1 The employer and an employee covered by this the enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) 7.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 7.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 7.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — – at any time.

Flexibility. (1) An employer 20.1 The Company and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. (2) 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 Fair Work Act 2009FW Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (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 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 (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 20.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 20.5 The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer Company and employee agree in writing — – at any time.

Flexibility. (1a) An employer The Company and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (ai) the agreement deals with 1 or more of the following matters: (i) a. arrangements about when work is performed; (ii) b. overtime rates; (iii) c. penalty rates; (iv) d. allowances; (v) e. leave loading; and (bii) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (a)1; and (ciii) the arrangement is genuinely agreed to by the employer Company and employee. (2b) The employer Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. (3c) The employer Company must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the employer Company and employee; and (ciii) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (div) includes details of: (ia) the terms of the 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 (ev) states the day on which the arrangement commences. (4d) The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5e) The employer Company or employee may terminate the individual flexibility arrangement: (ai) by giving no not more than 28 days written notice to the other party to the arrangement; or (bii) if the employer Company and employee agree in writing — -- at any time. Appendix A: Wage Rates & Allowances (a) All systems include: (i) travel allowances; (ii) manganese, soda ash allowance; (iii) spread of hours allowance;

Flexibility. (1a) An employer The company and employee employee/s covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) Agreement if the agreement arrangement deals with 1 or more of the following matters: (i) arrangements about when work is performed;Annual Leave being taking in single day absences (ii) overtime rates;Rates of pay (iii) penalty rates;Allowances (iv) allowances; (v) leave loading; and (b) Application of the bonus the arrangement meets the genuine needs of the employer company and employee employee/s in relation to 1 or more of the matters mentioned in paragraph (aclause 10(a); and (c) and the arrangement is genuinely agreed to by the employer company and employee./s. (2b) The employer company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (ciii) result in the employee employee/s being better off overall than the employee employee/s would be if no arrangement was made. (3c) The employer company must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the employer company and employee/s; and (ciii) is signed by the employer company and employee employee/s and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (div) includes details of: (i) A. the terms of the enterprise agreement Agreement that will be varied by the arrangement; and; (ii) B. how the arrangement will vary the effect of the terms; and; (iii) C. how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) and D. states the day on which the arrangement commences. (4d) The employer company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5e) The employer company or employee employee/s may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if If the employer company and employee agree in writing — at any time.

Flexibility. ‌ (1a) An employer SCEA and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) : the agreement deals with 1 one or more of the following matters: (i1) arrangements about when work is performed; (ii2) overtime rates; (iii3) penalty rates; (iv4) allowances; (v5) leave loading; and (b) and the arrangement meets the genuine needs of SCEA and the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and (c) : the arrangement is genuinely agreed to by XXXX and the employer and employee. (2b) The employer must SCEA shall ensure that the terms of the individual flexibility arrangement: (a) : are about permitted matters under section Section 172 of the Fair Work Act 2009; and (b) and are not unlawful terms under section Section 194 of the Fair Work Act 2009; and (c) and‌ result in the employee being better off overall than the employee would be if no arrangement was made. (3c) The employer must SCEA shall ensure that the individual flexibility arrangement: (a) : is in writing; and (b) includes the name of XXXX and the employer and employee; and (c) and is signed by the employer SCEA representative and the employee and and, if the employee is under 18 under18 years of age, signed by a parent or guardian of the employee; and (d) includes and Includes details of: (i1) the terms of the enterprise agreement that will be varied by the arrangement; and (ii2) how the arrangement will vary the effect of the terms; and (iii3) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e4) states the day on which the arrangement commences. (4d) The employer must SCEA shall give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed toagreed. (5e) The employer SCEA 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. (1) An employer The Company and employee one of its Employees covered by this enterprise agreement Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement Agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee Employee in relation to 1 or more of the matters matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. (2) Employee. The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 20092009 (Cth); and (b) are not unlawful terms under section 194 of the Fair Work Act 20092009 (Cth); and (c) result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. (3) . The employer 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 enterprise agreement 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 Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) . The employer Company must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) . The employer Company or employee 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 Employee agree in writing — at any time.

Flexibility. (1) 5.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) 5.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 5.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 5.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 5.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — writing--at any time. 5.6 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an Employer and an individual Employee contained in any other term of this Agreement.

Flexibility. (1) 4.1 An employer and employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 one or more of the following matters: (i) arrangements about when work is performed; overtime rates; (ii) overtime penalty rates; (iii) penalty ratesallowances; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) 4.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 4.3 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 18 (d) years of age, signed by a parent or guardian of the employee; and (de) 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 (ef) states the day on which the arrangement commences. (4) 4.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 4.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — - at any time.

Flexibility. It is a requirement of all agreements registered in the federal system that they include an award or agreement flexibility clause, a disputes settlement procedure, parental leave and community service leave (1) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee, with all appropriate information and advice, and without coercion or duress. (2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e4) states the day on which the arrangement commences. (45) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (56) The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — at any time.

Flexibility. (1) An employer The Company and employee Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement (Arrangement) to vary the effect of terms of the agreement Agreement if: (a) the agreement Arrangement deals with 1 one or more of the following matters: (i) arrangements about when work is performedthe taking of single days of leave; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loadingtraining plans; and (b) the arrangement Arrangement meets the genuine needs of the employer Company and employee Employee in relation to 1 one or more of the matters mentioned in paragraph (a); and (c) the arrangement Arrangement is genuinely agreed to by the employer Company and employee. (2) Employee. The employer Company must ensure that the terms of the individual flexibility arrangementArrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (c) result in the employee Employee being better off overall than the employee Employee would be if no arrangement Arrangement was made. (3) . The employer Company must ensure that the individual flexibility arrangementArrangement: (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 enterprise agreement this Agreement that will be varied by the arrangementArrangement; and (ii) how the arrangement 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 arrangementArrangement; and (e) states the day on which the arrangement Arrangement commences. (4) . The employer Company must give the employee Employee a copy of the individual flexibility arrangement Arrangement within 14 days after it is agreed to. (5) . The employer Company or employee Employee may terminate the individual flexibility arrangementArrangement: (a) by giving no not more than 28 days days’ written notice to the other party to the arrangementArrangement; or (b) if the employer Company and employee Employee agree in writing — – at any time.

Flexibility. (1) 29.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (ai) the agreement deals with 1 or more of the following matters: (i) a. arrangements about when work is performed; (ii) b. overtime rates; (iii) c. penalty rates; (iv) d. allowances; (v) e. leave loading; and (b) the i. The arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the ii. The arrangement is genuinely agreed to by the employer and employee. (2) 29.2 The employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 29.3 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: (i) a. the terms of the enterprise agreement that will be varied by the arrangement; and (ii) b. how the arrangement will vary the effect of the terms; and (iii) c. 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) d. states the day on which the arrangement commences. (4) 29.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 29.5 The employer or employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the employer and employee agree in writing — writing--at any time.

Flexibility. (1) An employer 37.1 The Employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms a term of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) Agreement if the arrangement meets relates to: • Clause 6.1 Part time employment for the purpose of family responsibilities or transitioning to retirement, • Meal breaks. The individual flexibility arrangement must: • meet the genuine needs of the employer Employer and employee in relation to 1 or more of the matters matter mentioned in paragraph (a)clause 37.2; and (c) the arrangement and • is genuinely agreed to by the employer Employer and employee; and • is not inconsistent with section 55 of the Fair Work Act, which deals with interaction with the NES. (2) 37.2 The employer Employer must ensure that the terms of the individual flexibility arrangement: (a) : • are about permitted matters under section 172 of the Fair Work Act 2009Act; and (b) and • are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (c) and • result in the employee being better off overall than the employee would be if no arrangement was made. (3) 37.3 The employer Employer must ensure that the individual flexibility arrangement: (a) : • is in writing; and (b) and • includes the name of the employer Employer and employee; and (c) and • is signed by the employer Employer and employee 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: (i) : • the terms of the enterprise agreement this Agreement that will be varied by the arrangement; and (ii) and • how the arrangement will vary the effect of the terms; and (iii) and • how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) and • states the day on which the arrangement commences. (4) 37.4 The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 37.5 The employer Employer or 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) or • if the employer Employer and employee agree in writing — at any time.

Flexibility. (1) An employer 41.1 The Company and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (aclause 41.1(a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. (2) 41.2 The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; andAct; (b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 41.3 The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 41.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 41.5 The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer Company and employee agree in writing — - at any time.

Flexibility. (1) An employer 20.1 The Company and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (vi) available spans; (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. (2) 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 Fair Work Act 2009FW Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (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 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 (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 20.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 20.5 The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer Company and employee agree in writing — - at any time.

Flexibility. (1) An The employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement The arrangement deals with 1 or more the taking of the following matters:annual leave. (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the The arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) . The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) . For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to the taking of annual leave. The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. (4) . The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) . The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — at any time.

Flexibility. (1) An employer ‌ 7.1 The Company and employee an Employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: 7.1.1 the agreement ifdeals with the following matter: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) 7.1.2 the arrangement meets the genuine needs of the employer Company and employee Employee in relation to 1 or more of the matters mentioned in paragraph (a7.1(a); and (c) 7.1.3 the arrangement is genuinely agreed to by the employer Company and employeeEmployee. (2) 7.2 The employer Company must ensure that the terms of the individual flexibility arrangement: (a) 7.2.1 are about permitted matters under section 172 of the Fair Work Act 2009; and (b) 7.2.2 are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) 7.2.3 result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. (3) 7.3 The employer Company 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 Company and employeeEmployee; and (c) 7.3.3 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 employee; and (d) 7.3.4 includes details of: (ia) the terms of the enterprise agreement 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 (e) 7.3.5 states the day on which the arrangement commences. (4) 7.4 The employer Company must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 7.5 The employer Company or employee 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 Company and employee agree in writing — - at any time.

Flexibility. (1) 34.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 one (1) or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) 34.2 The employer Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 34.3 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 and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 34.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. (5) 34.5 The employer or employee may terminate the individual flexibility arrangement: (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 and employee agree in writing — at any time.

Flexibility. (1) 9.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (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 Fair Work Act 20092009 ; and (b) are not unlawful terms under section 194 of the Fair Work Act 20092009 ; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (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 employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 9.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 9.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — -- at any time. 9.6 If an employee wishes for the AWU to be a party to the negotiation of an individual flexibility arrangement, they may exercise that right. If the employee is an AWU member, and they consent, the AWU will be given a copy of the individual flexibility agreement

Flexibility. (1) An 7.2.1 The employer and employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) 7.2.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 7.2.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) 7.2.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 7.2.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing — at any time.

Flexibility. (1) An employer 8.1 The Company and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement deals with 1 one (1) or more of the following matters: (i) arrangements about when work is performed;, (ii) overtime rates;, (iii) penalty rates;, (iv) allowances;, (v) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 one (1} or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. (2) 8.2 The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 8.3 The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and, (ii) how the arrangement will vary the effect of the terms; and, (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; , and (e) states the day on which the arrangement commences. (4) 8.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 8.5 The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; , or (b) if the employer Company and employee agree in writing — - at any time.

Flexibility. (1) An employer The Company and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. (2) The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (4) The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or or (b) if b)if the employer and employee agree in writing — at any time.