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.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Agreement.
15.1. The Employer Company 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 individual flexibility arrangement 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 Company and the employee in relation to one (1) or more of the matters mentioned in subclause 15.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by the Employer Company and employee.
15.2. The Employer 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.
15.3. 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 eighteen (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 Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
15.5. The Employer Company 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 Company and employee agree in writing – — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Agreement. 15.1. (a) The Employer Company and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if:
(ai) the agreement deals with one (1) 1 or more of the following matters:
(iA) arrangements about when work is performed;
(iiB) additional rest breaks
(C) overtime rates;
(iiiD) penalty rates;
(ivE) allowances;
(vF) leave loading; and
(bii) the arrangement meets the genuine needs of the Employer employer and employee in relation to one (1) 1 or more of the matters mentioned in subclause 15.1(aparagraph (a); and
(ciii) the arrangement is genuinely agreed to by the Employer employer and employee.
15.2. (b) The Employer employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and
(bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and
(ciii) result in the employee being better off overall than the employee would be if no arrangement was made.
15.3. (c) The Employer employer must ensure that the individual flexibility arrangement:
(a) : is in writing; and
(bi) includes the name of the Employer employer and employee; and
(cii) 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 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
(eiv) states the day on which the arrangement commences.
15.4. (e) The Employer employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
15.5. (f) The Employer 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 employer and employee agree in writing – — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Agreement. 15.1. The Employer (1) An employer and an employee covered by this Agreement enterprise agreement may agree agree, without coercion of duress, to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if:
(a) the agreement deals with one (1) 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 employer and employee in relation to one (1) 1 or more of the matters mentioned in subclause 15.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by the Employer employer and employee.
15.2. (2) The Employer 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 ActFair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
15.3. (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 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.
15.4. (4) The Employer employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed toto and must take reasonable steps to ensure that the employee understands the individual flexibility agreement.
15.5. (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 employer and employee agree in writing – — at any time.
Appears in 1 contract
Samples: Enterprise Agreement