Common use of Individual Flexibility Agreement Clause in Contracts

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.

Appears in 1 contract

Samples: Enterprise Agreement

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Individual Flexibility Agreement. 9.1 Yarra Trams 8.1 An employer 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 if: (a) Agreement in relation to the agreement deals with 1 or more of Company and the following matters: (i) leave; (ii) Rostered Days Off; and (b) the arrangement meets employee, in order to meet 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 Company and the employee. 9.2 Yarra Trams a) The terms of the agreement which may be subject to variation by an individual flexibility arrangement are the following: i) Ordinary hours of work. ii) Meal and rest breaks. b) The arrangement must be genuinely agreed to by the employer and employee, without coercion or duress. 8.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009 ; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 9.3 Yarra Trams 8.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Xxxxx Xxxxx the employer and the employee; and (c) is signed by Xxxxx Xxxxx the employer 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 8.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 Yarra Trams 8.5 The employer or the employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if Xxxxx Xxxxx the employer and employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Agreement. 9.1 Yarra Trams 24.1 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: (a) the agreement deals with 1 or more of the following matters: (i) leavearrangements about when work is performed; (ii) Rostered Days Offovertime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of Xxxxx Xxxxx the Company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and and (c) the arrangement is genuinely agreed to by Xxxxx Xxxxx the Company and the employee. 9.2 Yarra Trams 24.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act 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 24.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Xxxxx Xxxxx the Company and the employee; and (c) is signed by Xxxxx Xxxxx 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 (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 24.4 The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 Yarra Trams (a) The Company or the employee may terminate the individual flexibility arrangement: (ab) by giving no more than 28 days days' written notice to the other party to the arrangement; or (bc) if Xxxxx Xxxxx the Company and employee agree in writing - at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Agreement. 9.1 Yarra Trams 7.1 The Employer and an employee covered by this enterprise agreement Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Enterprise Agreement if: (a) the agreement individual flexibility arrangement deals with 1 one (1) or more of the following matters: (i) leavearrangements about when work is performed; (ii) Rostered Days Offpurchasing additional annual leave; and (b) the arrangement meets the genuine needs of Xxxxx Xxxxx the Employer and the employee in relation to 1 one (1) or more of the matters mentioned in paragraph (a); and and (c) the arrangement is genuinely agreed to by Xxxxx Xxxxx the Employer and the employee. 9.2 Yarra Trams 7.2 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 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 7.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Xxxxx Xxxxx the Employer and the employee; and (c) is signed by Xxxxx Xxxxx the Employer 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 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 7.4 The Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 Yarra Trams 7.5 The Employer or the employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if Xxxxx Xxxxx the Employer and employee agree in writing — at any time.

Appears in 1 contract

Samples: Enterprise Agreement

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Individual Flexibility Agreement. 9.1 10.1 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 (biii) 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 10.2 Yarra Trams must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; 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. 9.3 10.3 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 10.4 Yarra Trams must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 10.5 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.

Appears in 1 contract

Samples: Enterprise Agreement

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