Individual Flexibility. 23.1 The Company and any Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the arrangement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the 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 Company and Employee.
23.2 The Company must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
23.3 The Company must ensure that the terms of the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Company and Employee; and
(c) is signed by the 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 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 their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
23.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
23.5 The 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 Company and Employee agree in writing—at any time.
Individual Flexibility. 1.8.1. The Company and an employee covered by the Agreement may agree to make an Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if the IFA:
(a) deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) Parental Leave;
(iii) Compassionate Leave;
(iv) Jury Service, and
(b) the arrangement meets the genuine needs of the Company and employee in relation to one or more of the matters mentioned in 1.8.1 (a); and
(c) The arrangement is genuinely agreed to by the Company and employee.
1.8.2. The Company will ensure that the terms of the individual flexibility arrangement:
(a) Are about permitted matters under section 172 of the Act; and
(b) Are not unlawful terms under section 194 of the Act; and
(c) Result in the employee being better off overall than the employee would be if no arrangement was made.
1.8.3. The Company will ensure that the individual flexibility arrangement:
(a) Is in writing; and
(b) Includes the name of the Company and employee; and
(c) Is signed by the Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) Includes details of:
(i) the terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
(e) States the day on which the arrangement commences.
1.8.4. The Company will give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
1.8.5. The Company or employee may terminate the individual flexibility arrangement:
(a) by giving 28 days written notice to the other party to the arrangement; or
(b) if the Company and employee agree in writing — at any time.
Individual Flexibility. 44.1 The Company 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:
44.1.1 the arrangement deals with the following matters:
44.1.2 arrangements about when work is performed;
44.1.3 the arrangement meets the genuine needs of the Company and the Employee in relation to the matter mentioned in paragraph(a); and
44.1.4 the arrangement is genuinely agreed to by the Company and the Employee.
44.2 The Company must ensure that the terms of the individual flexibility arrangement:
44.2.1 are about permitted matters under section 172 of the Act; and
44.2.2 are not unlawful terms under section 194 of the Act; and
44.2.3 result in the Employee being better off overall than the Employee would be if arrangement was made.
44.3 The Company must ensure that the individual flexibility arrangement:
44.3.1 is in writing; and
44.3.2 includes the name of the Company and the Employee; and
44.3.3 is signed by the Company and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
44.3.4 includes details of:
(a) the terms of the Agreement that will be varied by the arrangement; and
(b) how the arrangement will vary the effect of the terms; and
(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
(d) states the day on which the arrangement commences.
44.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
44.5 The Company or Employee may terminate the individual flexibility arrangement by giving thirteen (13) weeks written notice to the other party to the arrangement.
Individual Flexibility. 8.1. This clause constitutes the flexibility term referred to in s.202 of the Fair Work Act. Notwithstanding any other provision of this Agreement, the employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
8.1.1. arrangements for when work is performed (Clause 24); and
8.1.2. leave loading (clause 30.10).
8.2. The employer and the individual employee must have genuinely made the agreement without coercion or duress.
8.3. The agreement between the employer and the individual employee must:
0.0.0. xx confined to a variation in the application of one or more of the terms listed in clause 8.1; and
8.3.2. result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.
8.4. The agreement between the employer and the individual employee must also:
0.0.0. xx in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
8.4.2. state each term of this Agreement that the employer and the individual employee have agreed to vary;
8.4.3. detail how the application of each term has been varied by agreement between the employer and the individual employee;
8.4.4. detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
8.4.5. state the date the agreement commences to operate.
8.5. The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
8.6. Except as provided in clause 8.4.1 the agreement must not require the approval or consent of a person other than the employer and the individual employee.
8.7. Where the employer seeks to enter into an agreement a written proposal must be provided to the employee. Where the employee’s understanding of written English is limited the employer shall take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
8.8. The agreement may be terminated:
0.0.0. xx the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the ag...
Individual Flexibility. The Company and an employee may agree to make an individual flexibility arrangement to vary the effect of the terms of the Agreement if:
Individual Flexibility. 4.1. Notwithstanding any other provision of this Agreement, an Employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the Employer and the individual employee. The terms that the Employer and the individual employee may agree to vary the application of are those concerning:
(a) arrangements for when work is performed (including the timing and taking of breaks);
(b) overtime rates;
(c) penalty rates; and
(d) allowances
4.2. An Employer is required to ensure that any individual flexibility arrangement agreed under this clause:
(a) is about matters that would be permitted matters if the individual flexibility arrangement were an Enterprise Agreement;
(b) does not include a term that would be an unlawful term if the arrangement were an Enterprise Agreement;
(c) is in writing, names the parties to the individual flexibility arrangement and is signed by the Employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
(d) states each term of this Agreement that the parties have agreed to vary;
(e) details how the application of each term has been varied by agreement between the parties;
(f) has been genuinely made without coercion or duress;
(g) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement had been agreed to;
(h) details how the individual flexibility arrangement results in the individual employee being better off overall;
(i) states the date upon which the individual flexibility arrangement commences to operate; and
(j) specifies that the arrangement may be terminated:
i. by either party giving not more than 28 days’ notice of termination, in writing, to the other party; or
ii. at any time, by written agreement between the Employer and the individual employee.
4.3. The Employer must give the individual employee a copy of the individual flexibility arrangement within 14 days after it is agreed to and keep the agreement as a time and wages record.
4.4. Except as provided in clause 4.2(c), the individual flexibility arrangement must not require the approval or consent of a person other then the Employer and the individual employee.
4.5. The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, and provision for an agreement between an Employer and an individual employee contained in any...
Individual Flexibility. Notwithstanding any other provision of this Agreement, the Company and an individual Employee may agree to vary the arrangements for when work is performed to meet the genuine needs of the individual Employee and the Company. The Company and the individual Employee must have genuinely made the agreement without coercion or duress. The agreement between the Company and the individual Employee must:
i) be confined to a variation for when work is performed; and
ii) have a ‘cooling off’ period of five working days after the commencement of the flexibility agreement; and
iii) not disadvantage the individual Employee in relation to the individual Employee’s terms and conditions of employment. For the purposes of this clause, the agreement will be taken not to disadvantage the individual Employee in relation to the individual employee’s terms and conditions of employment if:
i) the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual Employee under this Agreement; and
ii) the agreement does not result in a reduction in the terms and conditions of employment of the individual Employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory. The agreement between the Company and the individual Employee must also: i) be in writing, name the parties to the agreement and be signed by an authorised Company representative and the individual Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;
Individual Flexibility. (a) The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if the Agreement deals with one or more of the following matters:
i. arrangements about when work is performed ii. overtime rates
Individual Flexibility.
15.1 Notwithstanding any other provisions of this Agreement, an Employee and the Employer may agree to vary the effect of this agreement to meet the genuine individual needs of the Employee and the Employer.
15.2 The terms that an Employee and the Employer may agree to vary the effect of are those concerning:
a) hours of work;
b) allowances;
15.3 Any arrangement for individual flexibility under this clause must be genuinely agreed to by the Employee and the Employer. The arrangement must be in writing and signed by the Employer and the Employee (including the Employee’s parent or guardian where he/she is under 18 years of age). A copy of the agreement must be given to the Employee within 14 days of it being agreed to.
15.4 The Employer must ensure that the terms of the individual flexibility arrangement:
a) are about permitted matters under section 172 of the Fair Work Act 2009; and
b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
15.5 The individual flexibility arrangement may be terminated:
a) by the Employee or the Employer giving 28 days notice of termination, in writing, to the other party; or
b) at any time, by written agreement between the Employee and the Employer.
Individual Flexibility. 19.1 The Minister, on behalf of the Commonwealth, and an individual employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the Agreement deals with one or more of the following matters:
(i) 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 Minister, on behalf of the Commonwealth, and employee in relation to one or more of the matters mentioned in clause A19.1(a); and
(c) the arrangement is genuinely agreed to by the Minister, on behalf of the Commonwealth, and employee.
19.2 The Minister, on behalf of the Commonwealth, must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act; and
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
19.3 The Minister, on behalf of the Commonwealth, must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Minister and employee; and
(c) is signed by the Minister, on behalf of the Commonwealth, and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of;
(i) the terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
19.4 The Minister, on behalf of the Commonwealth, must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
19.5 The Minister, on behalf of the Commonwealth, 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 Minister, on behalf of the Commonwealth, and employee agree in writing – at any time.
