Common use of INDIVIDUAL FLEXIBILITY AGREEMENTS Clause in Contracts

INDIVIDUAL FLEXIBILITY AGREEMENTS. CatholicCare Canberra & Goulburn and an employee covered by this agreement may agree to make individual flexibility arrangements 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) over time 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 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and 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 being better off overall than the employee would be if no arrangement was made. CatholicCare Canberra & Goulburn 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 if 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. CatholicCare Canberra & Goulburn must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. CatholicCare Canberra & Goulburn or employee may terminate the individual flexibility arrangements: (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.

INDIVIDUAL FLEXIBILITY AGREEMENTS. CatholicCare Canberra & Goulburn The Council and an employee Employee covered by this agreement Agreement may agree to make an individual flexibility arrangements arrangement to vary the effect of terms of the agreement Agreement if: (a) :  the agreement Agreement deals with 1 one or more of the following matters: (i) : o annualisation of base salary, penalties, overtime and allowances; o method of payment of leave loading; o arrangements about when work is performed; (ii) over time rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) or o the timing and minimum periods of annual leave.  the arrangement meets the genuine needs of the employer Council and employee Employee in relation to 1 one or more of the matters mentioned in paragraph (a)above; and (c) and  the arrangement is genuinely agreed to by the employer Council and employeeEmployee. CatholicCare Canberra & Goulburn The Council 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) and  result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. CatholicCare Canberra & Goulburn The Council must ensure that the Individual Flexibility Arrangement: (a) individual flexibility arrangement:  is in writing; and (b) and  includes the name of the employer Council and employeeEmployee; and (c) and  is signed by the employer Council and employee Employee and if the employee Employee is under 18 eighteen (18) years if of age, signed by a parent or guardian of the employeeEmployee; and (d) and  includes details of: (i) : o the terms of the agreement Agreement that will be varied by the arrangement; and (ii) and o how the arrangement will vary the effect of the terms; and (iii) and o 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) and o states the day on which the arrangement commences. CatholicCare Canberra & Goulburn The Council must give the employee Employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. CatholicCare Canberra & Goulburn The Council or employee Employee may terminate the individual flexibility arrangements: (a) By arrangement:  by giving no more than 28 twenty-eight (28) days written notice to the other party to the arrangement; or (b) If or  if the employer Council and employee Employee agree in writing – — at any time. Any variation to Employee working arrangements under the Individual Flexibility Arrangement clause will be considered via a process which is fair and equitable. Employees may appoint a representative at any time throughout this process.

INDIVIDUAL FLEXIBILITY AGREEMENTS. CatholicCare Canberra & Goulburn 15.1 The Employer and an individual employee covered by this agreement may agree to make an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual flexibility arrangements needs of the Employer and the individual employee. The terms of this Agreement which the Employer and the individual employee may arrange to vary the effect of terms are listed below:  Emergency Relief Activities Leave 15.2 The Employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The Employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement. Union members are entitled to be represented by their union at every stage of this process. Employees who are not union member may choose to be represented by another person. If an employee has nominated the Union, or another person, as their representative, the Union or other person must be given a reasonable opportunity to participate in negotiations or discussions regarding the proposed making, variation or termination of an Individual flexibility arrangement. Participation by the Union or any other representative does not mean that their consent is required prior to reaching agreement ifin relation to an individual flexibility arrangement. 15.3 The arrangement between the Employer and the individual employee must: (a) the agreement deals with 1 only be about one or more of the following matters: (i) arrangements about when work is performed; (ii) over time rates; (iii) penalty rates; (iv) allowances; (v) leave loadingterms listed in clause 15.1; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and 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 being better off overall than the employee would be have been if no arrangement was made. CatholicCare Canberra & Goulburn must ensure that the Individual Flexibility Arrangement: (a) is in writing; and (b) includes the name of the employer and employeeindividual flexibility agreement had been agreed to; and (c) is be about matters that would be permitted matters if the arrangement were included in this Agreement; and (d) not include a term that would be an unlawful term if the arrangement were included in this Agreement; and (e) be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and if the employee is under 18 years if of age, signed by a the employee's parent or guardian of the employeeguardian; and (df) includes details of:set out each term of this Agreement that the Employer and the individual employee have agreed to vary; and (ig) set out how the terms application of the agreement that will be each term has been varied by the arrangement; and (iih) set out how the arrangement will vary results in the effect of the terms; and (iii) how the individual employee will be being better off overall in relation to the individual employee's terms and conditions of his or her employment as a result of the arrangementemployment; and (ei) states state the day on which date the arrangement commences. CatholicCare Canberra & Goulburn commences to operate. 15.4 The Employer is responsible for ensuring that all of the requirements of clause 15.3 are met. 15.5 The Employer must give the individual employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. CatholicCare Canberra & Goulburn of reaching agreement and keep the agreement as a time and wages record. 15.6 Except as provided in clause 15.3(e) the agreement must not require the approval or employee may terminate consent of a person other than the Employer and the individual flexibility arrangementsemployee. 15.7 If the Employer is seeking to enter into an arrangement, the Employer must provide a written proposal to the employee. 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. 15.8 The arrangement may be terminated: (a) By by the Employer or the individual employee giving no more than 28 days written days’ notice of termination, in writing, to the other party to (if the arrangementindividual employee was represented in negotiating the arrangement the union or other representative, must also be given notice of its proposed termination); or (b) If the employer and employee agree in writing – at any time, by written agreement between the Employer and the individual employee.

INDIVIDUAL FLEXIBILITY AGREEMENTS. CatholicCare Canberra & Goulburn 15.1 The Employer and an individual employee covered by this agreement may agree to make an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual flexibility arrangements needs of the Employer and the individual employee. The terms of this Agreement which the Employer and the individual employee may arrange to vary the effect of terms are listed below:  Emergency Relief Activities Leave 15.2 The Employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The Employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement. Union members are entitled to be represented by their union at every stage of this process. Employees who are not union member may choose to be represented by another person. If an employee has nominated the Union, or another person, as their representative, the Union or other person must be given a reasonable opportunity to participate in negotiations or discussions regarding the proposed making, variation or termination of an Individual flexibility arrangement. Participation by the Union or any other representative does not mean that their consent is required prior to reaching agreement ifin relation to an individual flexibility arrangement. 15.3 The arrangement between the Employer and the individual employee must: (a) the agreement deals with 1 only be about one or more of the following matters: (i) arrangements about when work is performed; (ii) over time rates; (iii) penalty rates; (iv) allowances; (v) leave loadingterms listed in clause 15.1; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and 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 being better off overall than the employee would be have been if no arrangement was made. CatholicCare Canberra & Goulburn must ensure that the Individual Flexibility Arrangement: (a) is in writing; and (b) includes the name of the employer and employeeindividual flexibility agreement had been agreed to; and (c) is be about matters that would be permitted matters if the arrangement were included in this Agreement; and (d) not include a term that would be an unlawful term if the arrangement were included in this Agreement; and (e) be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and if the employee is under 18 years if of age, signed by a the employee's parent or guardian of the employeeguardian; and (df) includes details of:set out each term of this Agreement that the Employer and the individual employee have agreed to vary; and (ig) set out how the terms application of the agreement that will be each term has been varied by the arrangement; and (iih) set out how the arrangement will vary results in the effect of the terms; and (iii) how the individual employee will be being better off overall in relation to the individual employee's terms and conditions of his or her employment as a result of the arrangementemployment; and (ei) states state the day on which date the arrangement commences. CatholicCare Canberra & Goulburn commences to operate. 15.4 The Employer is responsible for ensuring that all of the requirements of clause 15.3 are met. 15.5 The Employer must give the individual employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. CatholicCare Canberra & Goulburn of reaching agreement and keep the agreement as a time and wages record. 15.6 Except as provided in clause 15.3(e) the agreement must not require the approval or employee may terminate consent of a person other than the Employer and the individual flexibility arrangementsemployee. 15.7 If the Employer is seeking to enter into an arrangement, the Employer must provide a written proposal to the employee. 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. 15.8 The arrangement may be terminated: (a) By by the Employer or the individual employee giving no more than 28 days written notice of termination, in writing, to the other party to (if the arrangementindividual employee was represented in negotiating the arrangement the union or other representative, must also be given notice of its proposed termination); or (b) If the employer and employee agree in writing – at any time, by written agreement between the Employer and the individual employee.

INDIVIDUAL FLEXIBILITY AGREEMENTS. CatholicCare Canberra & Goulburn 14.1 The Employer and an individual employee covered by this agreement may agree to make an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual flexibility arrangements needs of the Employer and the individual employee. The terms of this Agreement which the Employer and the individual employee may arrange to vary the effect of terms are listed below: • Emergency Relief Activities Leave 14.2 The Employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The Employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement. Union members are entitled to be represented by their union at every stage of this process. Employees who are not union member may choose to be represented by another person. If an employee has nominated the Union, or another person, as their representative, the Union or other person must be given a reasonable opportunity to participate in negotiations or discussions regarding the proposed making, variation or termination of an Individual flexibility arrangement. Participation by the Union or any other representative does not mean that their consent is required prior to reaching agreement ifin relation to an individual flexibility arrangement. 14.3 The arrangement between the Employer and the individual employee must: (a) the agreement deals with 1 only be about one or more of the following matters: (i) arrangements about when work is performed; (ii) over time rates; (iii) penalty rates; (iv) allowances; (v) leave loadingterms listed in clause 14.1; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and 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 being better off overall than the employee would be have been if no arrangement was made. CatholicCare Canberra & Goulburn must ensure that the Individual Flexibility Arrangement: (a) is in writing; and (b) includes the name of the employer and employeeindividual flexibility agreement had been agreed to; and (c) is be about matters that would be permitted matters if the arrangement were included in this Agreement; and (d) not include a term that would be an unlawful term if the arrangement were included in this Agreement; and (e) be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and if the employee is under 18 years if of age, signed by a the employee's parent or guardian of the employeeguardian; and (df) includes details of:set out each term of this Agreement that the Employer and the individual employee have agreed to vary; and (ig) set out how the terms application of the agreement that will be each term has been varied by the arrangement; and (iih) set out how the arrangement will vary results in the effect of the terms; and (iii) how the individual employee will be being better off overall in relation to the individual employee's terms and conditions of his or her employment as a result of the arrangementemployment; and (ei) states state the day on which date the arrangement commences. CatholicCare Canberra & Goulburn commences to operate. 14.4 The Employer is responsible for ensuring that all of the requirements of clause 14.3 are met. 14.5 The Employer must give the individual employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. CatholicCare Canberra & Goulburn of reaching agreement and keep the agreement as a time and wages record. 14.6 Except as provided in clause 14.3(e) the agreement must not require the approval or employee may terminate consent of a person other than the Employer and the individual flexibility arrangementsemployee. 14.7 If the Employer is seeking to enter into an arrangement, the Employer must provide a written proposal to the employee. 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. 14.8 The arrangement may be terminated: (a) By by the Employer or the individual employee giving no more than 28 days written days’ notice of termination, in writing, to the other party to (if the arrangementindividual employee was represented in negotiating the arrangement the union or other representative, must also be given notice of its proposed termination); or (b) If the employer and employee agree in writing – at any time, by written agreement between the Employer and the individual employee.