Common use of INDIVIDUAL FLEXIBILITY AGREEMENTS Clause in Contracts

INDIVIDUAL FLEXIBILITY AGREEMENTS. ‌ 4.1.1 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 one(1) or more of the matters mentioned in paragraph a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 4.1.2 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. 4.1.3 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 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. 4.1.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.1.5 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. 4.1.6 Eligible Employees may apply for Flexible Work Arrangements as per the Act.

INDIVIDUAL FLEXIBILITY AGREEMENTS. ‌ 4.1.1 An Employer CatholicCare Canberra & Xxxxxxxx and Employee an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement arrangements to vary the effect of terms of the agreement if:‌if: (a) the agreement deals with 1 or more of the following matters: i. (i) arrangements about when work is performed; (ii. overtime ) over time rates; (iii. ) penalty rates; (iv. ) allowances; v. (v) leave loading; and (b) the arrangement meets the genuine needs of the Employer employer and Employee employee in relation to one(1) 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer employer and Employee. 4.1.2 The Employer employee. CatholicCare Canberra & Goulburn 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 employee being better off overall than the Employee employee would be if no arrangement was made. 4.1.3 The Employer . CatholicCare Canberra & Goulburn must ensure that the individual flexibility arrangementIndividual Flexibility Arrangement: (a) is in writing; and (b) includes the name of the Employer employer and Employeeemployee; and (c) is signed by the Employer employer and Employee employee and if the Employee employee is under 18 years of if age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: i. (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 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. 4.1.4 The Employer . CatholicCare Canberra & Xxxxxxxx must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.1.5 The Employer . CatholicCare Canberra & Goulburn or Employee employee may terminate the individual flexibility arrangementarrangements: (a) by By giving no more than 28 days written notice to the other party to the arrangement; or (b) if If the Employer employer and Employee employee agree in writing – at any time. 4.1.6 Eligible Employees may apply for Flexible Work Arrangements as per the Act.

INDIVIDUAL FLEXIBILITY AGREEMENTS. ‌ 4.1.1 An Employer 3.4.1 The employer and Employee employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:‌if: (a) the agreement deals with 1 one or more of the following matters: i. arrangements about when work is performed; ii. overtime rates; iii. penalty rates; iv. allowances;; and v. leave loading; and. (b) the arrangement meets the genuine needs of the Employer employer and Employee employee in relation to one(1) one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer employer and Employeeemployee without coercion or duress . 4.1.2 3.4.2 An individual flexibility agreement may only be made after the individual employee has commenced employment with the employer. 3.4.3 If the employer wishes to initiate the making of an individual flexibility agreement it must: (a) give the employee a written proposal; and (b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal. 3.4.4 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 employee being better off overall than the Employee employee would be if no arrangement was made. 4.1.3 3.4.5 The Employer employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer employer and Employeeemployee; and (c) is signed by the Employer employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: i. (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 employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 4.1.4 3.4.6 Except as provided in clause 3.4.5(c), an individual flexibility agreement must not require the approval or consent of a person other than the employer and the employee. 3.4.7 The Employer employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.1.5 3.4.8 The Employer employer or Employee employee may terminate the individual flexibility arrangement: (a) by giving no more less than 28 days written notice to the other party to the arrangement; or (b) if the Employer employer and Employee employee agree in writing – at any time. 4.1.6 Eligible Employees may apply for Flexible Work Arrangements as per the Act.

INDIVIDUAL FLEXIBILITY AGREEMENTS. ‌ 4.1.1 An 3.4.1 The Employer and 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:‌Agreement if: (a) the agreement Agreement deals with 1 one or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances;; and v. (v) leave loading; and. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one(1) one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 4.1.2 3.4.2 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 ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 4.1.3 3.4.3 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. (i) the terms of the enterprise agreement 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 their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 4.1.4 3.4.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.1.5 3.4.5 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. 4.1.6 Eligible Employees may apply for Flexible Work Arrangements as per the Act.

INDIVIDUAL FLEXIBILITY AGREEMENTS. ‌ 4.1.1 An 1.7.1 The Employer and Employee an EEmployee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:‌if: (a) the agreement deals with 1 one or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances; v. (v) leave loading; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one(1) one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 4.1.2 1.7.2 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 ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 4.1.3 1.7.3 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. (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. 4.1.4 1.7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.1.5 1.7.5 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. 4.1.6 Eligible Employees may apply for Flexible Work Arrangements as per 1.7.6 This clause relates to reaching individual agreement to change the Acteffect of provisions in the Agreement. The right to make an agreement pursuant to the clause is in addition to, and does not in any way affect or limit flexibilities or changes that arise from applying the terms of the Agreement.

INDIVIDUAL FLEXIBILITY AGREEMENTS. ‌ 4.1.1 An 7.1 The Employer and Employee Employees covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect application of the terms of this Agreement relating to any of the agreement if:‌following in order to meet the genuine needs of both the Employee and the Employer: (a) the agreement deals with 1 or more of the following matters: i. arrangements about when work is performed; ii. (b) overtime rates; iii. (c) penalty rates; iv. (d) allowances;; or v. (e) annual 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 paragraph a); and (c) the arrangement 7.2 An agreement must be one that is genuinely agreed to by the Employer and Employeethe individual Employee without coercion or duress. 4.1.2 The Employer 7.3 An agreement may only be made after the individual Employee has commenced employment with the Employer. 7.4 An agreement must ensure that the terms do all 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. 4.1.3 The Employer must ensure that the individual flexibility arrangementfollowing: (a) is in writing; and (b) includes states the name of the Employer and Employee; and (c) identify the Agreement term, or Agreement terms, the application of which is to be varied; and (d) set out how the agreement results in the Employee being better off overall at the time the agreement is made than if the agreement had not been made; (e) state the date the agreement is to start; and (f) 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. 7.5 Except as provided for in sub-clause 7.4(f), an agreement must not require the terms approval or consent of a person other than the enterprise agreement that will be varied by Employer and 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 commencesEmployee. 4.1.4 7.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.1.5 7.7 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more less than 28 days written notice to the other party to the arrangementparty; or (b) at any time, if the Employer and Employee agree in writing at any timewriting. 4.1.6 Eligible Employees may apply 7.8 An agreement terminated as mentioned in clause 7.7 ceases to have effect at the end of the period of notice required under that clause. 7.9 The right to make an agreement under clause 7 is additional to, and does not affect, any other term of this Agreement that provides for Flexible Work Arrangements as per the Actan agreement between an Employer and an individual Employee.

INDIVIDUAL FLEXIBILITY AGREEMENTS. ‌ 4.1.1 6.1. An Employer and 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:‌Agreement if: (a) the agreement arrangement deals with 1 or more of the following matters: i. (i) arrangements about when work is performed; (ii. ) overtime rates; (iii. ) penalty rates; (iv. ) allowances; v. (v) leave loading; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one(1) one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 4.1.2 6.2. 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. 4.1.3 6.3. 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. (i) the terms of the enterprise agreement 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. 4.1.4 6.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.1.5 6.5. 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. 4.1.6 Eligible Employees may apply for Flexible Work Arrangements as per the Act.