Individual Flexibility Arrangement Clause Samples
An Individual Flexibility Arrangement clause allows an employer and an employee to agree on variations to certain terms of an employment contract, such as hours of work, overtime rates, or leave arrangements, to better suit their individual needs. These arrangements must be mutually agreed upon, documented in writing, and ensure that the employee is not disadvantaged compared to the original terms. The core function of this clause is to provide flexibility within the employment relationship while maintaining minimum standards and protections for the employee.
Individual Flexibility Arrangement. 12.1 The Employer and an Employee covered by this Agreement, may agree to make an Individual Flexibility Arrangement to vary the following terms of this Agreement if:
(a) the arrangement deals with one or more of the following matters:
(i) arrangements about where and when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; or
(v) annual leave loading;
(b) the arrangement must meet the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in subclause 14.1 (a); and
(c) the arrangement is genuinely agreed to by the Employer and the Employee.
12.2 The Employer must ensure that the terms of the Individual Flexibility Arrangement:
(a) are about permitted matters under section 172 of the Act;
(b) are not unlawful terms under section 194 of the Act;
(c) result in the Employee being better off overall than the Employee would be if no agreement was made.
12.3 The Employer must ensure that the Individual Flexibility Arrangement:
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee;
(d) Includes details of:
(i) the terms of the Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences;
12.4 The Employer must give the Employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to.
12.5 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 the Employee agree in writing – at any time.
Individual Flexibility Arrangement. 5.1 An Employee and the Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of the Employee and Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer.
5.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
5.3 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement.
5.4 The Employer must ensure that any individual flexibility arrangement will result in the Employee being better off overall than the Employee would have been if no individual flexibility arrangement were agreed to.
5.5 The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18 the arrangement must also be signed by a parent or guardian of the Employee.
5.6 The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to.
5.7 The Employer must ensure that any individual flexibility arrangement sets out:
(a) the terms of this enterprise agreement that will be varied by the arrangement;
(b) how the arrangement will vary the effect of the terms;
(c) 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
(d) the day on which the arrangement commences.
5.8 The Employer must ensure that any individual flexibility arrangement:
(a) is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement;
(b) does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and
(c) provides for the arrangement to be terminated:
(d) by either the Employee or Employer giving a specified period of written notice, with the specified period being not more than 28 days; and
(e) at any time by written agreement between the Employee and Employer.
5.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the Employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the s...
Individual Flexibility Arrangement. An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
Individual Flexibility Arrangement. 14.1 Notwithstanding any other provision of this enterprise agreement, the employer and an individual employee may agree to vary the application of certain terms of this enterprise agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
14.1.1 When leave loading is payable.
14.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.
14.3 The agreement between the employer and the individual employee must:
14.3.1 Be confined to a variation in the application of one or more of the terms listed in clause 14.1.1; and
14.3.2 Result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.
14.4 The agreement between the employer and the individual employee must also:
14.4.1 Be in writing in a form agreed between the employer and the union, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
14.4.2 State each term of this enterprise agreement that the employer and the individual employee have agreed to vary;
14.4.3 Detail how the application of each term has been varied by agreement between the employer and the individual employee;
14.4.4 Detail the monetary value of each term that has been varied by agreement between the employer and the individual employee;
Individual Flexibility Arrangement. The Employer and an Employee may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement if:
(a) the arrangement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty and public holiday 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) above; and
(c) the arrangement is genuinely agreed to by the Employer and the Employee.
Individual Flexibility Arrangement. 1. An employee covered by this Agreement and the Company may agree to make an individual flexibility term to vary the effect of the terms in this agreement if:
a. the agreement deals with one 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 Company and employee in relation to one or more of the matters mentioned in paragraph (a); and
c. the arrangement is genuinely agreed to by the Company and employee.
2. The Company must ensure that the terms of the individual flexibility arrangement:
a. are about permitted matters under section 172 of the Fair Work Act 2009 ; and
b. are not unlawful terms under section 194 of the Fair Work Act 2009 ; and
c. result in the employee being better off overall than the employee would be if no arrangement was made.
3. The Company must ensure that the individual flexibility arrangement:
a. is in writing; and
b. includes the name of the Company and employee; and
c. is signed by the Company 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. The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5. The Company or employee may terminate the individual flexibility arrangement:
a. by giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; or
b. if the Company and employee agree in writing at any time.
Individual Flexibility Arrangement. (a) 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 the agreement deals with 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;
(b) The arrangement must meet the genuine needs of the employer and employee in relation to one or more of the matters mentioned above.
(c) The arrangement must be genuinely agreed to by the employer and employee.
(d) The employer must ensure that the terms of the individual flexibility arrangement:
(i) are about permitted matters under section 172 of the Fair Work Act 2009; and
(ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(iii) result in the employee being better off overall than the employee would be if no arrangement was made.
(e) The employer must ensure that the individual flexibility arrangement:
(i) is in writing; and
(ii) includes the name of the employer and employee; and
(iii) 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
(iv) includes details of:
(f) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(g) The employer or employee may terminate the individual flexibility arrangement:
(i) by giving no more than 28 days written notice to the other party to the arrangement; or
(ii) if the employer and employee agree in writing — at any time. Part 3 - Types of Employment and Termination
Individual Flexibility Arrangement. 5.1 An Employer and Principal covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the arrangement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) allowances;
(iv) leave loading; and
(b) the arrangement meets the genuine needs of the Employer and Principal in relation to one or more of the matters mentioned in paragraph 5.1(a); and
(c) the arrangement is genuinely agreed to by the Employer and Principal.
5.2 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 Principal being better off overall than the Principal would be if no arrangement was made.
5.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Principal; and
(c) is signed by the Employer and Principal and if the Principal is under 18 years of age, signed by a parent or guardian of the Principal; and
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Principal will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
5.4 The Employer must give the Principal a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5.5 The Employer or Principal 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 Principal agree in writing - at any time.
Individual Flexibility Arrangement. (a) The University and an employee may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement on any of the following matters:
(i) taking of long service leave; and
(ii) taking of annual leave.
(b) The terms and conditions that apply to making an individual flexibility arrangement are set out at Schedule 8 of this Agreement.
Individual Flexibility Arrangement. The Secretary and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
a) the arrangement 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) remuneration; and/or
vi) leave; and
b) the arrangement meets the genuine needs of the Department and the employee in relation to 1 or more of the matters mentioned in paragraph a); and
c) the arrangement is genuinely agreed to by the Secretary and the employee.