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.