Common use of INDIVIDUAL FLEXIBILITY AGREEMENTS Clause in Contracts

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements (ii) Increase in annual leave accrual each year (iii) Increase in rate of accrual of Rostered days off (iv) Increase in wages (v) Increase in training leave (Union or otherwise) (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences) (c) includes the name of the Employer and Employee (d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee (e) provided to the Employee within 14 days after it is agreed to: and

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements (ii) Increase in annual leave accrual each year (iii) Increase in rate of accrual of Rostered days off (iv) Increase in wages (v) Increase in training leave (Union or otherwise) (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences) (c) includes the name of the Employer and Employee (d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee Employee (e) provided to the Employee within 14 days after it is agreed to: and (f) able to be terminated by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing. 29.4 Where any of the requirements of this clause are not met, the variation agreement is of no effect.

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 . The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements (ii) Increase in annual leave accrual each year (iii) Increase in rate of accrual of Rostered days off (iv) Increase in wages (v) Increase in training leave (Union or otherwise) (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 . The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences) (c) includes the name of the Employer and Employee (d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee (e) provided to the Employee within 14 days after it is agreed to: and

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 5.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the UnionEmployee. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 5.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union Employer and the Employee and that the terms of the variation agreement: (a) are 5.2.1 Are about permitted matters under section 172 of the FW Act; and (b) Relates 5.2.2 relates only to: (ia) Salary salary sacrifice agreements; (iib) Increase reduction in ordinary hours; c) increase in annual leave accrual each year; (iiid) Increase in rate of accrual of Rostered days off (iv) Increase increase in wages; (ve) Increase increase in training leave (Union or otherwise); (cf) are not unlawful terms under section 194 of the FW Act; and (dg) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 5.3 The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) 5.3.1 in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences); (c) 5.3.2 includes the name of the Employer and Employee; (d) 5.3.3 signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee (e) Employee; 5.3.4 provided to the Employee within 14 days after it is agreed to: ; and 5.3.5 able to be terminated by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing. Where any of the requirements of this clause are not met, the variation agreement is of no effect.

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 27.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 27.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements (ii) Increase in annual leave accrual each year (iii) Increase in rate of accrual of Rostered days off (iv) Increase in wages (v) Increase in training leave (Union or otherwise) (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 27.3 The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences); (c) includes the name of the Employer and Employee (d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee (e) provided to the Employee within 14 days after it is agreed to: and

INDIVIDUAL FLEXIBILITY AGREEMENTS. ‌ 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements (ii) Increase in annual leave accrual each year (iii) Increase in rate of accrual of Rostered days off (iv) Increase in wages (v) Increase in training leave (Union or otherwise) (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences) (c) includes the name of the Employer and Employee (d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee (e) provided to the Employee within 14 days after it is agreed to: and

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements; (ii) Increase in annual leave accrual each year; (iii) Increase in rate of accrual of Rostered days off; (iv) Increase in wages (v) Increase in training leave (Union or otherwise); (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union, where the Employee consents; (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences); (c) includes the name of the Employer and Employee; (d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee Employee; (e) provided to the Employee within 14 days after it is agreed to: ; and (f) able to be terminated by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing. 29.4 Where any of the requirements of this clause are not met, the variation agreement is of no effect.

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements (ii) Increase in annual leave accrual each year (iii) Increase in rate of accrual of Rostered days off (iv) Increase in wages (v) Increase in training leave (Union or otherwise) (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences) (c) includes the name of the Employer and Employee (d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee (e) provided to the Employee within 14 days after it is agreed to: and

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the UnionEmployee. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 . The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union Employer and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements; (ii) Increase in annual leave accrual each year; (iii) Increase in rate of accrual of Rostered days off; (iv) Increase in wages; (v) Increase in training leave (Union or otherwise); (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 . The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences); (cb) includes the name of the Employer and Employee; (dc) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee Employee; (ed) provided to the Employee within 14 days after it is agreed to: ; and (e) able to be terminated by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing. Where any of the requirements of this clause 445 are not met, the variation agreement is of no effect.

INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the UnionEmployee. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 29.2 . The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union Employer and the Employee and that the terms of the variation agreement: (a) are about permitted matters under section 172 of the FW Act; and (b) Relates only to: (i) Salary sacrifice agreements; (ii) Increase in annual leave accrual each year; (iii) Increase in rate of accrual of Rostered days off; (iv) Increase in wages; (v) Increase in training leave (Union or otherwise); (c) are not unlawful terms under section 194 of the FW Act; and (d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made. 29.3 . The Employer must also ensure that any such variation agreement is: (a) Agreed to by the Union (b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences); (cb) includes the name of the Employer and Employee; (dc) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee Employee; (ed) provided to the Employee within 14 days after it is agreed to: ; and (e) able to be terminated by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing. Where any of the requirements of this clause 45 are not met, the variation agreement is of no effect.