Individual Flexibility Agreement. 3.2.1. The Employer and an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (“IFA”) to vary the effect of the terms of this Agreement if:
(a) the terms that may be subject to an IFA are those matters contained in clause 5.1.7;
(b) the arrangement meets the genuine needs of the Employer and the Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the Employer and the Employee.
3.2.2. An Employee may nominate a representative to assist in negotiations for an IFA.
3.2.3. The Employer will ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act;
(b) are not unlawful terms under section 194 of the Act;
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made; and
(d) does not have an adverse effect on the wages and conditions and working arrangements of any other Employee covered by this Agreement.
3.2.4. Terms of the individual flexibility arrangement will:
(a) be in writing;
(b) include the name of the Employer and the Employee;
(c) be signed by the Employer and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee;
(d) include details of:
(i) the terms of the Agreement that will be varied by the arrangement;
(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 individual flexibility arrangement; and
(e) states the day on which the individual flexibility arrangement commences.
3.2.5. The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen days after it is agreed to.
3.2.6. The Employer or the Employee may terminate the individual flexibility arrangement:
(a) by giving no more than twenty eight (28) days written notice to the other party to the individual flexibility arrangement; or
(b) if the Employer and the Employee agree in writing – at any time.
Individual Flexibility Agreement. 9.1 Yarra Trams 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 or more of the following matters:
(i) leave;
(ii) Rostered Days Off; and
(b) the arrangement meets the genuine needs of Xxxxx Xxxxx and employee in relation to 1 or more of the matters mentioned in paragraph (a); and the arrangement is genuinely agreed to by Xxxxx Xxxxx and the employee.
9.2 Yarra Trams must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act ; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Yarra Trams must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of Xxxxx Xxxxx and the employee; and
(c) is signed by Xxxxx Xxxxx and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the 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.
9.4 Yarra Trams must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
9.5 Yarra Trams 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 Xxxxx Xxxxx and employee agree in writing — at any time.
Individual Flexibility Agreement. 15.1. The Employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the agreement deals with 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 one (1) or more of the matters mentioned in subclause 15.1(a); and
(c) the arrangement is genuinely agreed to by the Employer and employee.
15.2. The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
15.3. The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and employee; and
(c) is signed by the Employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
15.4. The Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
15.5. 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.
Individual Flexibility Agreement. You may be offered or you may request an individual flexibility agreement (IFA) in accordance with the Award. Any such IFA will be documented and agreed separately to this employment contract. In the event that an IFA is terminated by either party in accordance with the termination provisions of the Award, the terms and conditions varied by the IFA will revert to the appropriate minimum Award terms, including the appropriate minimum Award wage rate.
Individual Flexibility Agreement. St Xxxx and an Employee may agree to make an Individual Flexibility Agreement (IFA) to vary the effect of terms of this Agreement if:
(a) the IFA deals with one or more of the following matters;
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and/or
(v) leave loading.
(b) the IFA meets the genuine needs of St Xxxx and the Employee in relation to one or more of the matters mentioned above; and
(c) the IFA is genuinely agreed to by St Xxxx and the Employee.
Individual Flexibility Agreement. (IFA)
11.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: arrangements about when work is performed; overtime rates; penalty rates; allowances; and leave loading.
11.2. The Company must ensure that the terms of the IFA: are about permitted matters under the FW Act; are not unlawful terms under the FW Act; and result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3. The Company must ensure that the IFA: is in writing; includes the name of the Company and the Employee; is signed by the Company and the Employee; and if the Employee is under eighteen (18) years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee; includes details of:
i. the terms of this Agreement that will be varied by the IFA;
ii. how the IFA will vary the effect of the terms;
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 IFA; and
iv. states the day on which the IFA commences.
11.4. The Company must give the Employee a copy of the IFA within fourteen (14) days after it is agreed to.
11.5. The Company or Employee may terminate the IFA: by giving no more than twenty eight (28) days written notice to the other party to the IFA; or at any time if the Company and Employee agree in writing.
Individual Flexibility Agreement. 8.1 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
Individual Flexibility Agreement. 8.1 Notwithstanding any other provision of this Agreement, Xxxxx Street and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of Xxxxx Street and the individual employee. The terms Xxxxx Street and the individual employee may agree to vary the application of are those concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
8.2 Xxxxx Street will ensure that the terms of the IFA:
(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.
8.3 Xxxxx Street and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with Xxxxx Street. An employee may nominate a representative including the Union to assist in negotiations of an individual flexibility agreement.
8.4 The agreement between Xxxxx Street and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 8.1; and
(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.
8.5 The agreement between Xxxxx Street and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by Xxxxx Street and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
(b) state each term of this agreement that Xxxxx Street and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between Xxxxx Street and the individual employee;
(d) 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
(e) state the date the agreement commences to operate.
8.6 The agreement may be terminated:
(a) by Xxxxx Street or the individual employee giving 28 days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between Xxxxx Street and the individual employee.
8.7 The right to make an agreement pursuant to this clause is in ad...
Individual Flexibility Agreement. An Individual Flexibility Agreement may vary the application of terms in this Agreement that deal with arrangements for when work is performed including hours of work, starting times, shift lengths and breaks.
Individual Flexibility Agreement. The Employer and an Employee covered by this Agreement may enter into an individual flexibility arrangement, to vary the effect of terms of the Agreement, in accordance with Schedule 5, Individual Flexibility Agreement.
