Common use of INDIVIDUAL FLEXIBILITY AGREEMENTS Clause in Contracts

INDIVIDUAL FLEXIBILITY AGREEMENTS. The Council and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:  the Agreement deals with one or more of the following matters: o annualisation of base salary, penalties, overtime and allowances; o method of payment of leave loading; o arrangements about when work is performed; or o the timing and minimum periods of annual leave.  the arrangement meets the genuine needs of the Council and Employee in relation to one or more of the matters mentioned above; and  the arrangement is genuinely agreed to by the Council and Employee. The Council must ensure that the terms of the individual flexibility arrangement:  are about permitted matters under section 172 of the Act;  are not unlawful terms under section 194 of the Act; and  result in the Employee being better off overall than the Employee would be if no arrangement was made. The Council must ensure that the individual flexibility arrangement:  is in writing; and  includes the name of the Council and Employee; and  is signed by the Council and Employee and if the Employee is under eighteen (18) years of age, signed by a parent or guardian of the Employee; and  includes details of: o the terms of the Agreement that will be varied by the arrangement; and o how the arrangement will vary the effect of the terms; and o 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 o states the day on which the arrangement commences. The Council must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. The Council or Employee may terminate the individual flexibility arrangement:  by giving no more than twenty-eight (28) days written notice to the other party to the arrangement; or  if the Council and 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. 14.1 The Council Employer and Employee covered by this Agreement an individual employee may agree to make an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual flexibility arrangement 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 Agreement if:  Union, or another person, as their representative, the Agreement deals with 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 in relation to an individual flexibility arrangement. 14.3 The arrangement between the Employer and the individual employee must: (a) only be about one or more of the following matters: o annualisation of base salary, penalties, overtime and allowancesterms listed in clause 14.1; o method of payment of leave loading; o arrangements about when work is performed; or o the timing and minimum periods of annual leave.  the arrangement meets the genuine needs of the Council and Employee in relation to one or more of the matters mentioned above; and  the arrangement is genuinely agreed to by the Council and Employee. The Council must ensure that the terms of the individual flexibility arrangement:  are about permitted matters under section 172 of the Act;  are not unlawful terms under section 194 of the Act; and  and (b) result in the Employee employee being better off overall than the Employee employee would have been if no individual flexibility agreement had been agreed to; and (c) be about matters that would be permitted matters if no the arrangement was made. The Council must ensure were included in this Agreement; and (d) not include a term that would be an unlawful term if the individual flexibility arrangement:  is arrangement were included in this Agreement; and (e) be in writing; , name the parties to the arrangement and  includes the name of the Council and Employee; and  is be signed by the Council employer and Employee the individual employee and if the Employee employee is under eighteen (18) 18 years of age, signed by a the employee's parent or guardian guardian; and (f) set out each term of the Employee; and  includes details of: o the terms of the this Agreement that will be the Employer and the individual employee have agreed to vary; and (g) set out how the application of each term has been varied by the arrangement; and o and (h) set out how the arrangement will vary results in the effect of the terms; and o how the Employee will be individual employee being better off overall in relation to the individual employee's terms and conditions of his or her employment as a result employment; and (i) state the date the arrangement commences to operate. 14.4 The Employer is responsible for ensuring that all of the arrangement; and o states the day on which the arrangement commences. requirements of clause 14.3 are met. 14.5 The Council Employer must give the Employee individual employee a copy of the individual flexibility arrangement within fourteen (1414 days of reaching agreement and keep the agreement as a time and wages record. 14.6 Except as provided in clause 14.3(e) days after it is agreed to. The Council the agreement must not require the approval or Employee may terminate consent of a person other than the Employer and the individual flexibility employee. 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 the Employer or the individual employee giving no more than twenty-eight (28) days written 28 days’ notice of termination, in writing, to the other party to the arrangement; or  (if the Council and Employee agree individual employee was represented in writing — negotiating the arrangement the union or other representative, must also be given notice of its proposed termination); or (b) at any time. Any variation to Employee working arrangements under , by written agreement between the Individual Flexibility Arrangement clause will be considered via a process which is fair Employer and equitable. Employees may appoint a representative at any time throughout this processthe individual employee.

INDIVIDUAL FLEXIBILITY AGREEMENTS. 15.1 The Council Employer and Employee covered by this Agreement an individual employee may agree to make an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual flexibility arrangement 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 of the Agreement ifare listed below:  Emergency Relief Activities Leave 15.2 The Employer and the Agreement deals with 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 in relation to an individual flexibility arrangement. 15.3 The arrangement between the Employer and the individual employee must: (a) only be about one or more of the following matters: o annualisation of base salary, penalties, overtime and allowancesterms listed in clause 15.1; o method of payment of leave loading; o arrangements about when work is performed; or o the timing and minimum periods of annual leave.  the arrangement meets the genuine needs of the Council and Employee in relation to one or more of the matters mentioned above; and  the arrangement is genuinely agreed to by the Council and Employee. The Council must ensure that the terms of the individual flexibility arrangement:  are about permitted matters under section 172 of the Act;  are not unlawful terms under section 194 of the Act; and  and (b) result in the Employee employee being better off overall than the Employee employee would have been if no individual flexibility agreement had been agreed to; and (c) be about matters that would be permitted matters if no the arrangement was made. The Council must ensure were included in this Agreement; and (d) not include a term that would be an unlawful term if the individual flexibility arrangement:  is arrangement were included in this Agreement; and (e) be in writing; , name the parties to the arrangement and  includes the name of the Council and Employee; and  is be signed by the Council employer and Employee the individual employee and if the Employee employee is under eighteen (18) 18 years of age, signed by a the employee's parent or guardian guardian; and (f) set out each term of the Employee; and  includes details of: o the terms of the this Agreement that will be the Employer and the individual employee have agreed to vary; and (g) set out how the application of each term has been varied by the arrangement; and o and (h) set out how the arrangement will vary results in the effect of the terms; and o how the Employee will be individual employee being better off overall in relation to the individual employee's terms and conditions of his or her employment as a result employment; and (i) state the date the arrangement commences to operate. 15.4 The Employer is responsible for ensuring that all of the arrangement; and o states the day on which the arrangement commences. requirements of clause 15.3 are met. 15.5 The Council Employer must give the Employee individual employee a copy of the individual flexibility arrangement within fourteen (1414 days of reaching agreement and keep the agreement as a time and wages record. 15.6 Except as provided in clause 15.3(e) days after it is agreed to. The Council the agreement must not require the approval or Employee may terminate consent of a person other than the Employer and the individual flexibility employee. 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 the Employer or the individual employee giving no more than twenty-eight (28) days written 28 days’ notice of termination, in writing, to the other party to the arrangement; or  (if the Council and Employee agree individual employee was represented in writing — negotiating the arrangement the union or other representative, must also be given notice of its proposed termination); or (b) at any time. Any variation to Employee working arrangements under , by written agreement between the Individual Flexibility Arrangement clause will be considered via a process which is fair Employer and equitable. Employees may appoint a representative at any time throughout this processthe individual employee.

INDIVIDUAL FLEXIBILITY AGREEMENTS. The Council CatholicCare Canberra & Goulburn and Employee an employee covered by this Agreement agreement may agree to make an individual flexibility arrangement arrangements to vary the effect of terms of the Agreement agreement if:  : (a) the Agreement agreement deals with one 1 or more of the following matters: o annualisation of base salary, penalties, overtime and allowances; o method of payment of leave loading; o : (i) arrangements about when work is performed; (ii) over time rates; (iii) penalty rates; (iv) allowances; (v) leave loading; or o the timing and minimum periods of annual leave.  and (b) the arrangement meets the genuine needs of the Council employer and Employee employee in relation to one 1 or more of the matters mentioned abovein paragraph (a); and  and (c) the arrangement is genuinely agreed to by the Council employer and Employeeemployee. The Council 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  and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. The Council CatholicCare Canberra & Goulburn must ensure that the individual flexibility arrangement:  Individual Flexibility Arrangement: (a) is in writing; and  and (b) includes the name of the Council employer and Employeeemployee; and  and (c) is signed by the Council employer and Employee employee and if the Employee employee is under eighteen (18) 18 years of if age, signed by a parent or guardian of the Employeeemployee; and  and (d) includes details of: o : (i) the terms of the Agreement agreement that will be varied by the arrangement; and o and (ii) how the arrangement will vary the effect of the terms; and o 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 o and (e) states the day on which the arrangement commences. The Council CatholicCare Canberra & Goulburn must give the Employee employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. The Council CatholicCare Canberra & Goulburn or Employee employee may terminate the individual flexibility arrangement:  by arrangements: (a) By giving no more than twenty-eight (28) 28 days written notice to the other party to the arrangement; or  if or (b) If the Council employer 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. 15.1 The Council Employer and Employee covered by this Agreement an individual employee may agree to make an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual flexibility arrangement 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 of the Agreement ifare listed below:  Emergency Relief Activities Leave 15.2 The Employer and the Agreement deals with 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 in relation to an individual flexibility arrangement. 15.3 The arrangement between the Employer and the individual employee must: (a) only be about one or more of the following matters: o annualisation of base salary, penalties, overtime and allowancesterms listed in clause 15.1; o method of payment of leave loading; o arrangements about when work is performed; or o the timing and minimum periods of annual leave.  the arrangement meets the genuine needs of the Council and Employee in relation to one or more of the matters mentioned above; and  the arrangement is genuinely agreed to by the Council and Employee. The Council must ensure that the terms of the individual flexibility arrangement:  are about permitted matters under section 172 of the Act;  are not unlawful terms under section 194 of the Act; and  and (b) result in the Employee employee being better off overall than the Employee employee would have been if no individual flexibility agreement had been agreed to; and (c) be about matters that would be permitted matters if no the arrangement was made. The Council must ensure were included in this Agreement; and (d) not include a term that would be an unlawful term if the individual flexibility arrangement:  is arrangement were included in this Agreement; and (e) be in writing; , name the parties to the arrangement and  includes the name of the Council and Employee; and  is be signed by the Council employer and Employee the individual employee and if the Employee employee is under eighteen (18) 18 years of age, signed by a the employee's parent or guardian guardian; and (f) set out each term of the Employee; and  includes details of: o the terms of the this Agreement that will be the Employer and the individual employee have agreed to vary; and (g) set out how the application of each term has been varied by the arrangement; and o and (h) set out how the arrangement will vary results in the effect of the terms; and o how the Employee will be individual employee being better off overall in relation to the individual employee's terms and conditions of his or her employment as a result employment; and (i) state the date the arrangement commences to operate. 15.4 The Employer is responsible for ensuring that all of the arrangement; and o states the day on which the arrangement commences. requirements of clause 15.3 are met. 15.5 The Council Employer must give the Employee individual employee a copy of the individual flexibility arrangement within fourteen (1414 days of reaching agreement and keep the agreement as a time and wages record. 15.6 Except as provided in clause 15.3(e) days after it is agreed to. The Council the agreement must not require the approval or Employee may terminate consent of a person other than the Employer and the individual flexibility employee. 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 the Employer or the individual employee giving no more than twenty-eight (28) 28 days written notice of termination, in writing, to the other party to the arrangement; or  (if the Council and Employee agree individual employee was represented in writing — negotiating the arrangement the union or other representative, must also be given notice of its proposed termination); or (b) at any time. Any variation to Employee working arrangements under , by written agreement between the Individual Flexibility Arrangement clause will be considered via a process which is fair Employer and equitable. Employees may appoint a representative at any time throughout this processthe individual employee.