Common use of Individual Flexibility Arrangement Clause in Contracts

Individual Flexibility Arrangement. ‌ 12.1 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:‌ (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for 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 subclause 12.1; and (c) the arrangement is genuinely agreed by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 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; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Employer and Employee; (c) is signed by the Employer and the Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;‌ (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; and (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 date the arrangement commences 12.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 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 if the Employer and Employee agree in writing – at any time.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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Individual Flexibility Arrangement. 12.1 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:‌if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for 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 subclause 12.1; and (c) the arrangement is genuinely agreed by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 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; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Employer and Employee; (c) is signed by the Employer and the Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;‌guardian; (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; and (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 date the arrangement commences 12.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 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 or (b) if the Employer and Employee agree in writing – at any time.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Individual Flexibility Arrangement. 12.1 An The Employer and an Employee covered by this Agreement Agreement, may agree to make an individual flexibility arrangement Individual Flexibility Arrangement to vary the effect of following terms of the this Agreement if:‌if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for about where and when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances;; or (v) annual leave loading; and; (b) the arrangement meets must meet the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.114.1 (a); and (c) the arrangement is genuinely agreed to by the Employer and the Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement: (a) are about permitted matters under section 172 of the Act; (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 agreement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 12.3 The Employer must ensure that the individual flexibility arrangementIndividual 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 andEmployee, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; (d) includes 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; and; (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 date day on which the arrangement commences; 12.6 12.4 The Employer must give the Employee a copy of the individual flexibility arrangement Individual Flexibility Arrangement within 14 days after it is agreed to. 12.7 12.5 The Employer or Employee may terminate the individual flexibility arrangement:Individual Flexibility Arrangement; (a) by giving no more than 28 days written notice to the other party to the arrangement; or or (b) if the Employer and the Employee agree in writing – at any time.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 5.1 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:‌if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty ratesallowances; (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 subclause 12.1paragraph 5.1(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 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 Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 5.3 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 the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) includes details of: (i) the terms of the 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 Employee employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (eiv) states the date day on which the arrangement commences. 12.6 5.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 5.5 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 or (b) if the Employer and Employee agree in writing - at any time.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Individual Flexibility Arrangement. ‌ 12.1 An (a) The Employer and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌ (a) agreement if: the arrangement agreement deals with one (1) 1 or more of the following matters: (i1) arrangements for about when work is performed; (ii2) overtime rates; (iii3) penalty rates; (iv4) allowances; (v5) leave loading; and (b) and the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1paragraph (i); and (c) and the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (a) : are about permitted matters under section 172 of the Act; (b) Fair Work Act 2009; and are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) and result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 (c) The Employer must ensure that the individual flexibility arrangement: (a) : is in writing; (b) ; and includes the name of the Employer and Employee; (c) ; and is signed by the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌ (d) ; and includes details of: (i1) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and (ii2) how the arrangement will vary the effect of the terms; and (iii3) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) and states the date day on which the arrangement commences. 12.6 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 (e) 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 if the Employer and Employee agree in writing at any timeanytime.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 36.1 An Employer and Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌agreement if: (a) a. the arrangement agreement deals with one (1) 1 or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) b. the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1paragraph (a); and (c) c. the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 36.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) a. are about permitted matters under section 172 of the Act;; and (b) b. are not unlawful terms under section 194 of the Act; and (c) c. result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 36.3 The Employer must ensure that the individual flexibility arrangement: (a) a. is in writing;; and (b) b. includes the name of the Employer and Employee;; and (c) c. is signed by the Employer and the Employee and, and if the Employee is under 18 years of age, the Employee’s signed by a parent or guardian;‌guardian of the employee; and (d) d. includes details of: (i) i. the terms of the Agreement 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 their his or her employment as a result of the arrangement; and (e) iv. states the date day on which the arrangement commences. 12.6 36.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 36.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) a. by giving no more than 28 days 13 weeks written notice to the other party to the arrangement; or or b. if the Employer and Employee agree in writing – writing—at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An 14.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement to vary the effect of terms of the Agreement if:‌if: (a) a. the arrangement Agreement deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) b. the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1paragraph (a); and (c) the arrangement is genuinely agreed by c. the Employer and EmployeeEmployee genuinely agree to the arrangement. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 14.2 The Employer must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement: (a) a. are about permitted matters under section 172 of the Act;; and (b) b. are not unlawful terms under section 194 of the Act; and (c) c. result in the Employee being better off overall than the Employee would be if no arrangement was were made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 14.3 The Employer must ensure that the individual flexibility arrangementIndividual Flexibility Arrangement: (a) a. is in writing;; and (b) b. includes the name of the Employer and Employee;; and (c) c. is signed by the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) 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 terms; and iv) conditions of their his or her employment as a result of the arrangement; and (e) e. states the date day on which the arrangement commences. 12.6 14.4 The Employer must give the Employee a copy of the individual flexibility arrangement Individual Flexibility Arrangement within 14 fourteen (14) days after it is agreed to. 12.7 14.5 The Employer or Employee may terminate the individual flexibility arrangementIndividual Flexibility Arrangement: (a) a. by giving no more than 28 days written notice to the other party to the arrangement; or or b. if the Employer and Employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer LACTALIS Australia Ltd and Employee an employee covered by this Agreement may agree to make an individual flexibility arrangement arrangement, where an individual requests this in writing, to vary the effect of or terms of the Agreement if:‌if: (a) the arrangement deals The individual flexibility arrangements deal with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) an employee may make a request to LACTALIS Australia Ltd that up to 10 days’ annual leave loading; andmay be taken in single day absences. (b) the The arrangement meets the genuine needs of LACTALIS Australia Ltd and the Employer and Employee employee in relation to one (1) or more of the matters mentioned in subclause 12.1(a); and (c) the The documented arrangement is genuinely agreed to by the Employer employee and Employee. 12.2 The Employee LACTALIS Australia Ltd and the employee has the ability to access representation at any stage of this process. An employee may appoint another person, employee representatives (if any), a representative union, organisation or association to accompany and/or represent them for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employeeclause. 12.3 The Employer (d) An offer of employment will not be conditional upon the employee agreeing to an individual flexibility arrangement. (e) LACTALIS Australia Ltd must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act;Fair Work Act 2009 (Cth); and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer (f) LACTALIS Australia Ltd must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of LACTALIS Australia Ltd and the Employer and Employee;employee; and (ciii) is signed by the Employer LACTALIS Australia Ltd and the Employee employee and, if the Employee employee is under 18 years of age, the Employee’s is signed by a parent or guardian;‌ (d) guardian of the employee; and includes details of: (i) the terms of the Agreement arrangement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the termsAgreement; and (iii) how the Employee employee will be better off overall in relation to the terms and conditions of their his/her employment as a result of the arrangement; and (eiv) states the date day on which the arrangement commences, and makes provision for a seven day cooling off period before commencement. 12.6 The Employer (g) LACTALIS Australia Ltd must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. Such arrangements cannot be retrospective. 12.7 The Employer (h) LACTALIS Australia Ltd or Employee the employee may terminate the individual flexibility arrangement: (ai) in writing within the seven day cooling off period; or (ii) by giving no more than 28 days days’ written notice to the other party to the arrangement; or or (iii) if LACTALIS Australia Ltd and the Employer and Employee employee agree in writing – writing, at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer (a) FPH and Employee covered by this Agreement an employee may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of this Enterprise Agreement if the Agreement if:‌ (a) the arrangement IFA deals with one (1) or more of the following matters: (i) arrangements for Arrangements about when work is performed; (ii) overtime Overtime rates; (iii) penalty Penalty rates; (iv) allowancesAllowances; (v) leave Leave loading; and. (b) the arrangement meets The IFA must meet the genuine needs of FPH and the Employer and Employee employee in relation to one (1) or more of the matters mentioned outlined in subclause 12.1paragraph (a); andand the arrangement must be genuinely agreed to by FPH and the employee. (c) the arrangement is genuinely agreed by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer must FPH will ensure that the terms clauses of the individual flexibility arrangementIFA: (ai) are Are about permitted matters under section 172 of the Act;; and (bii) are Are not unlawful terms clauses under section 194 of the Act; and (ciii) result Result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer (d) FPH will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer must ensure that the individual flexibility arrangementIFA: (ai) is Is in writing;; and (bii) includes Includes the name of FPH and the Employer and Employee;employee; and (ciii) is Is signed by the Employer FPH and the Employee and, employee and if the Employee employee is under 18 years of age, the Employee’s signed by a parent or guardian;‌guardian of the employee; and (div) includes Includes details of: (i) the terms :  The clauses of the Enterprise Agreement that will be varied by the arrangement; (ii) how IFA; and  How the arrangement will vary the effect of the termsclauses; and (iii) how and  How the Employee employee will be better off overall in relation to the terms clauses and conditions of their his or her employment as a result of the arrangementIFA; andand  States the day on which the IFA commences. (e) states the date the arrangement commences 12.6 The Employer FPH must give the Employee employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 12.7 The Employer (f) FPH or Employee the employee may terminate the individual flexibility arrangementIFA: (ai) by By giving no more less than 28 days written notice to the other party to the arrangementIFA; or if or (ii) By both FPH and the Employer and Employee agree employee agreeing in writing at any time. (g) Where an employee informs FPH that they are to be represented by the union (or other representative) FPH will take all reasonable steps to facilitate the representation.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An 1.7.1 The Employer 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) if: the arrangement agreement deals with one (1) or more of the following matters: (i) i. arrangements for about when work is performed; (ii) . overtime rates; (iii) . penalty rates; (iv) . allowances; (v) v. leave loading; and (b) and the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1paragraph 1.7.1; and (c) and the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 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 Act; Fair Work Act 2009 (b) Cth); and are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (c) and result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 1.7.3 The Employer must ensure that the individual flexibility arrangement: (a) : • is in writing; (b) ; and includes the name of the Employer and Employee; (c) ; and is signed by the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌ (d) ; and includes details of: (i) 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 their employment as a result of the arrangement; and (e) iv. states the date day on which the arrangement commences. 12.6 1.7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 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 if the Employer and Employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 18.1 An Employer Employee and Employee covered by this Agreement EACH may agree to make an vary the application of certain terms of this Agreement to meet the genuine individual needs of the individual Employee and EACH. 18.2 An individual flexibility arrangement to may vary the effect of terms of the Agreement if:‌ (a) the arrangement deals with one (1) or more of the following mattersterms of this Agreement: (ia) arrangements for when work is performed; (iib) overtime ratesovertime; (iiic) penalty rates; (iv) allowances; (v) leave loading; and (bd) allowances. 18.3 EACH and the arrangement meets individual Employee must have genuinely made the genuine needs agreement without coercion or duress. 18.4 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 18.5 The agreement between EACH and the individual Employee must: (a) be confined to a variation in the application of the Employer and Employee in relation to one (1) or more of the matters mentioned terms listed in subclause 12.1sub-clause 18.2 above; and (c) the arrangement is genuinely agreed by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 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; and (c) result in the Employee being better off overall than the Employee would be have been if no arrangement was madeindividual flexibility agreement had been agreed to. 12.4 Where the Employee’s understanding 18.6 EACH must give a copy of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer must ensure that the individual flexibility arrangementarrangement to the Employee within 14 days after it is agreed to and keep the agreement as a time and wages record. 18.7 The agreement between EACH and the individual Employee must also: (a) is be in writing; (b) includes , name the name of parties to the Employer agreement and Employee; (c) is be signed by the Employer EACH and the individual Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;‌guardian; (b) state each term of this Agreement that EACH and the individual Employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between EACH and the individual Employee; (d) includes details ofdetail how the agreement results in the individual Employee being better off overall in relation to the individual Employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 18.8 EACH must ensure that any individual flexibility arrangement sets out: (ia) the terms of the this Agreement that will be varied by the arrangement; (iib) how the arrangement will vary the effect of the terms; and; (iiic) 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 (ed) states the date day on which the arrangement commences. 12.6 The Employer 18.9 Where EACH seeks to enter into an agreement, it must give provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited, EACH must take measures, including translation into an appropriate language, to ensure the Employee a copy of understands the individual flexibility arrangement within 14 days after it is agreed toproposal. 12.7 18.10 The Employer or Employee agreement may terminate the individual flexibility arrangementbe terminated: (a) by giving no not more than 28 days written notice to the other party to the arrangementparty; or if the Employer and Employee agree in writing – or (b) at any time, by written agreement between EACH and the individual Employee. 18.11 The right to make an agreement pursuant to this clause 18 is in addition to, and is not intended to otherwise affect, any provision for an agreement between EACH and an individual Employee contained in any other term of this Agreement. 18.12 The Employee may appoint a representative for the purposes of the procedure in this clause 18, including the Union. Except as provided in sub-clause 18.7(a) the arrangement must not require the approval or consent of a person other than EACH and the individual Employee.

Appears in 1 contract

Samples: Health Professionals Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer ‌ The Company 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:‌if: (a) the The individual flexibility arrangement deals with one (1) or more of the following matters: (i) arrangements for arrangement about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the The individual flexibility arrangement meets the genuine needs of the Employer Company and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1Employee; and (c) the The individual flexibility arrangement is genuinely agreed to by the Employer Company and Employee. 12.2 . The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the Act;; and (b) are Are not unlawful terms under section 194 of the Act; and (c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 . The Employer Company must ensure that the individual flexibility arrangement: (a) is Is in writing;; and (b) includes Includes the name of the Employer Company and Employee;; and (c) is Is signed by the Employer Company and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌ (d) ; and includes details ofof : (i) the The terms of the Agreement that will be varied by the arrangement;, and (ii) how How the arrangement will vary the effect of the terms; and (iii) how How the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (eiv) Is about only matters that would be “permitted matter” and is not about matters that would be “unlawful matters” if those matters were contained in an enterprise agreement; and states the date day on which the arrangement commences 12.6 . The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to.. At least seven (7) days before making an individual flexibility arrangement, the Company will notify the Union of: 12.7 (a) Its intention to make the arrangement; (b) The Employer terms of this Agreement that will varied if the arrangement is made; and (c) If the Employee consents, the Employee name. To avoid doubt, this clause does not require that any individual flexibility arrangement agreed to by the Company and an Employee be approved, or consented to by the Union. The Company or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 twenty-eight (28) days written notice to the other party to the arrangement; or or (b) if the Employer Company and Employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An (1) The Employer and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌agreement if: (a) the arrangement agreement deals with one (1) 1 or more of the following matters: (i) i. arrangements for 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) 1 or more of the matters mentioned in subclause 12.1paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 (2) The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair 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. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 (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 the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) includes details of: (i) 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 their his or her employment as a result of the arrangement; and (e) states the date day on which the arrangement commences. 12.6 (4) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 (5) The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days days’ written notice to the other party to the arrangement; or or (b) if the Employer and Employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. 12.1 An Employer 9.1 Notwithstanding any other provision of this Agreement, the Company and an individual Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of certain terms of this Agreement to meet the Agreement if:‌ (a) the arrangement deals with one (1) or more genuine individual needs of the following mattersCompany and the individual Employee (Arrangement). The terms the effect of which the Company and the individual Employee may agree to vary are those concerning: (ia) arrangements for when work is performed; (iib) overtime rates; (iiic) penalty rates; (iv) allowances; (v) leave loading; and (bd) allowances. 9.2 The Company and the arrangement meets individual Employee must have genuinely agreed to the genuine needs of Arrangement without coercion or duress. 9.3 The Company must ensure that any Arrangement under this clause: a) is about matters that would be permitted matters if the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1Arrangement were an enterprise agreement; and (cb) does not include any term that would be an unlawful term if the arrangement is genuinely agreed by the Employer and EmployeeArrangement were an enterprise agreement. 12.2 9.4 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer Company must ensure that the terms of the individual flexibility arrangementan Arrangement under this clause: (a) are about permitted matters under section 172 of the Act; (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. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; writing (b) includes in the name of form attached to this Agreement as Schedule 5), names the Employer parties to the Arrangement, and Employee; (c) is signed by the Employer Company and the individual Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;‌guardian; (db) includes details of: (i) the terms states each term of the this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of which the termsCompany and the individual Employee have agreed to vary; c) details how the effect of each term has been varied by agreement between the Company and the individual Employee; d) results in the individual Employee being better off overall than they would have been if the Arrangement were not entered into, and details how the Arrangement has this result; and (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 date the arrangement commencesArrangement commences to operate. 12.6 9.5 The Employer Company must give the individual Employee a copy of the individual flexibility arrangement Arrangement within 14 days after it is agreed toto and keep the Arrangement as a time and wages record. 12.7 The Employer 9.6 Except as provided in subclause 9.4(a), the Arrangement must not require the approval or Employee may terminate consent of a person other than the Company and the individual flexibility arrangementEmployee. 9.7 A Company seeking to enter into an Arrangement must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited the Company must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 9.8 The Company must ensure that an Arrangement under this clause may be terminated: (a) by the Company or the individual Employee giving no more than 28 days written days’ notice of termination, in writing, to the other party and the Arrangement ceasing to operate at the end of the notice period; or b) at any time, by written agreement between the Company and the individual Employee. 9.9 The right to make an Arrangement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between a Company and an individual Employee contained in any other term of this Agreement. 9.10 Any such Arrangement may not be made a requirement by the Company of any prospective Employee gaining employment. PART THREE - EMPLOYMENT RELATIONSHIP, ACCELERATED PROGRESSION, NOTICE OF TERMINATION AND REDUNDANCY‌ 10. REGULAR PART-TIME EMPLOYMENT‌ 10.1 The Company may employ an Employee as a regular part-time Employee. 10.2 The following terms and conditions of employment shall apply to any Employee employed as a regular part-time Employee: a) the Company is required to roster a regular part-time Employee for a minimum of 4 consecutive hours on any day; b) subject to subclause 10.2(a), the ordinary hours of work and days on which such work is to be performed shall be specified in writing by the Company to the arrangementregular part-time Employee before the regular part-time Employee begins employment. Such agreed hours and days may be changed only by: (i) agreement (in writing) between the regular part-time Employee and the Company; or if or (ii) seven days' notice (in writing) being given by the Employer and Employee agree Company to the regular part-time Employee, provided that there is no diminution of the total agreed number of ordinary weekly hours of work. 10.3 The rate of pay of each regular part-time Employee, which shall be no less than the rate of pay for Grade 2, shall be agreed in writing between the regular part-time Employee and the Company before the Employee commences employment. 10.4 The minimum weekly rate of pay for a regular part-time Employee shall be the rate which is that proportion of the weekly rate for an Employee of the same Grade as the regular part-time Employee which the ordinary weekly hours of work of the part-time Employee bears to 38. 10.5 Every regular part-time Employee shall be allocated a Grade as provided for in the classification proportions in subclause 13.1 and for the purpose of the application of those proportions to regular part-time Employees: a) the weekly hours of regular part-time Employees will be expressed as a percentage of 38 hours; b) the percentages of Employees on the same Grade will be added together. Any accumulated percentage above 50% will count as 100%. Any percentage at or below 50% will be disregarded; and c) the Company shall be permitted a period of eight weeks to ensure compliance with the classification proportions following the employment/cessation of employment of any part-time Employee. 10.6 For the purpose of this clause 10, pro rata means, in the case of each regular part-time Employee, the percentage which the ordinary weekly hours of work of the Employee bears to 38. 10.7 Annual leave entitlements shall accrue for regular part-time Employees in the same manner as for full- time Employees. Payment for any period of, or entitlement to, annual leave for regular part-time Employees, shall be calculated pro rata for the period of leave or entitlement. 10.8 Paid personal/carers leave shall accrue for regular part-time Employees in the same manner as for full- time Employees and payment for absences shall be in respect of the hours each week that would have been worked by the Employee concerned had that Employee been working. 10.9 In the fortnights in which Christmas Day and Good Friday occurs: a) a part-time Employee who works 22.8 hours or more per week, will receive 7.6 hours off duty; b) a part-time Employee who works less than 22.8 hours per week, will receive 3.8 hours off duty. 10.10 The Company and an Employee can agree that the additional hours off duty are to be treated as time off in lieu and may be taken by the Employee with the agreement of the Company at any time. 10.11 All other provisions of the Agreement applicable to full-time Employees, which are capable of having application to regular part-time Employees, shall apply to regular part-time Employees provided that, where such provisions specify the payment to be made to an Employee, which is calculated on the basis of, or by reference to, weekly hours of work of a full-time Employee, the payment shall be made pro rata to the regular part-time Employee.

Appears in 1 contract

Samples: Journalists Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An 43.1 The Employer 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:‌if: (a) the arrangement agreement deals with one (1) or more of the following matters: (i) arrangements for 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 the Employee in relation to one (1) or more of the matters mentioned in subclause 12.1sub-clause 43.1(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 43.2 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. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 43.3 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 the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; 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 their his or her employment as a result of the arrangement; and (e) states the date day on which the arrangement commences. 12.6 43.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 43.5 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 or (b) if the Employer and Employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. 52.1 The Employer is committed to providing work arrangements that support Employees in meeting their family commitments and balancing their work with non-work commitments. 12.1 52.2 Requests for such arrangements are subject to the Employer’s operational needs, cost implications and the maintenance of service delivery requirements. 52.3 An Employee and the 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:‌agreement if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates;; or (iii) penalty rates;; or (iv) allowances;; or (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 subclause 12.1clause 52.3(a); and (c) the arrangement is genuinely agreed by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual EmployeeEmployee must have genuinely made the agreement without coercion or duress. 12.3 52.4 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act;; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 52.5 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 the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; 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 their his or her employment as a result of the arrangement; and (eiv) states the date day on which the arrangement commences. 12.6 52.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 52.7 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days days’ written notice to the other party to the arrangement; or or (b) if the Employer and Employee agree in writing – writing, at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the following terms of this Agreement if: 25.1 the Agreement if:‌ (a) the arrangement agreement deals with one (1) or more of the following matters:; (ia) arrangements for about when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances;; or (ve) leave loading; and. (b) 25.2 the arrangement meets the genuine needs of the Company and the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1above matters; and (c) 25.3 the arrangement is genuinely agreed to by the Employer Company and the Employee. 12.2 25.4 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act; (b) are not unlawful terms under section 194 of the Fair Work Act; and (c) result in the Employee being better off overall at the time the agreement was made than the Employee would be have been if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 25.5 The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer Company and the Employee;; and (c) is signed by the Employer Company and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) includes details of: (i) : • the terms of the this Agreement that will be varied by the arrangement; (ii) ; and • how the arrangement will vary the effect of the terms; and (iii) and • how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) and • states the date day on which the arrangement commences. 12.6 25.6 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 25.7 The Employer Company or the 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 or (b) if the Employer and Company or Employee agree in writing – writing; at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 (1) An Employer and Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌ (a) agreement if: the arrangement agreement deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) and the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1paragraph (a); and (c) and the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 (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) Fair Work Act 2009; and are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) and result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 (3) The Employer must ensure that the individual flexibility arrangement: (a) : is in writing; (b) ; and includes the name of the Employer and Employee; (c) ; and is signed by the Employer and the Employee and, and if the Employee is under 18 eighteen (18) years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌ (d) ; and includes details of: (i) the terms of the Agreement 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 their his or her employment as a result of the arrangement; and (e) and states the date day on which the arrangement commences. 12.6 (4) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 12.7 (5) The Employer or Employee may terminate the individual flexibility arrangement: (a) : by giving no more than 28 twenty-eight (28) days written notice to the other party to the arrangement; or if the Employer and Employee agree in writing at any time.

Appears in 1 contract

Samples: Employment Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer 34.1 The Company 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:‌if: (a) the individual flexibility arrangement deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances;; or (v) annual leave loading; , and (b) the arrangement meets the genuine needs of the Employer Company and Employee in relation to one (1) or more of the matters mentioned in subclause 12.134.1; and (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 12.2 34.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer Company 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; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 34.3 The Employer Company must ensure that the individual flexibility arrangement: (a) is in writingwriting (and where the Employee has a limited understanding of written English, taken reasonable steps to ensure the Employee understands the arrangement); (b) includes the name names of the Employer Company and Employee; (c) is signed by the Employer an authorised Company representative and the Employee and, and if the Employee is under 18 eighteen (18) years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) includes details of: (i) the terms of the 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 Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result because of the arrangement; and (eiv) states the date day on which the arrangement commences 12.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 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 if the Employer and Employee agree in writing – at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. 12.1 An Employer 7.1 The CEO and Employee an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loadingremuneration; andor (vi) leave; (b) the arrangement meets the genuine needs of Geoscience Australia and the Employer and Employee employee in relation to one (1) or more of the matters mentioned in subclause 12.1paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer CEO and Employeethe employee. 12.2 7.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer CEO must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair 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. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 7.3 The Employer CEO must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer employer and Employee;employee; and (c) is signed by the Employer CEO and the Employee and, employee and if the Employee employee is under 18 years of age, the Employee’s signed by a parent or guardian;‌guardian of the employee; and (d) includes details of: (i) the terms of the Agreement 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 their his or her employment as a result of the arrangement; and (e) states the date day on which the arrangement commencescommences and, where applicable, when the arrangement ceases. 12.6 7.4 The Employer CEO must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 7.5 The Employer CEO or Employee the 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 or (b) if the Employer CEO and Employee the employee agree in writing – at any time. 7.6 The Workplace Relation Committee (WRC) will receive advice at each of its meetings on the number of written agreements in place (broken down by gender and level).

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. 12.1 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:‌if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for 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 subclause 12.112.1;(a); and (c) the arrangement is genuinely agreed by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 1212,12, including the Union. Except as provided in subclause 12.5(c12.5(c)12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 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; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Employer and Employee; (c) is signed by the Employer and the Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;‌guardian; (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; and (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 date the arrangement commences 12.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 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 or (b) if the Employer and Employee agree in writing – at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer (a) IKEA and Employee a co-worker covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌agreement if: (ai) the arrangement The agreement deals with one (1) 1 or more of the following matters: (i) arrangements for : − Arrangements about when work is performed;; − Overtime rates; − Penalty rates; − Allowances; and (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the The arrangement meets the genuine needs of XXXX and the Employer and Employee co-worker in relation to one (1) 1 or more of the matters mentioned in subclause 12.1paragraph (8.4(a)(i)); and (ciii) the The arrangement is genuinely agreed to by XXXX and the Employer and Employeeco-worker. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer (b) IKEA must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under (see section 172 of the Act;); and (bii) are Are not unlawful terms under (see section 194 of the Act); and (ciii) result Result in the Employee co-worker being better off overall than the Employee co-worker would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer (c) IKEA must ensure that the individual flexibility arrangement: (ai) is Is in writing;; and (bii) includes Includes the name of XXXX and the Employer and Employee;co-worker; and (ciii) is Is signed by the Employer XXXX and the Employee and, co-worker and if the Employee co-worker is under 18 years of age, the Employee’s signed by a parent or guardian;‌guardian of the co-worker; and (div) includes Includes details of: (i) the : − The terms of the Agreement enterprise agreement that will be varied by the arrangement; (ii) how ; and − How the arrangement will vary the effect of the terms; and (iii) how and − How the Employee co-worker will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (ev) states States the date day on which the arrangement commences. 12.6 The Employer (d) IKEA must give the Employee co-worker a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 The Employer (e) IKEA or Employee the co-worker may terminate the individual flexibility arrangement: (ai) by By giving no more than 28 days written notice to the other party to the arrangement; or if or (ii) If IKEA and the Employer and Employee co-worker agree in writing at any time. Part 9 Agreement Acceptance Signed for and on behalf of IKEA: ............................ ........... (Signature) ....................... (Date) Xxxxx Xxxxxxxx Country Retail Manager and Chief Sustainability Officer Address: 000 Xxxxxxx Xxxxxxx, Xxxxx, XXX, 0000 Who is duly authorised to sign this enterprise agreement on behalf of the company Signed for and on behalf of the SDA: ....................................... (Signature) ....1..8./..7./..2..3 (Date) Xxxxxx Xxxxx National Secretary Address: Level 0, 00 Xxxxx Xxxxxx, Xxxxxxxxx, Xxx, 0000 Who is duly authorised to sign this enterprise agreement pursuant to the rules of the SDA Attachment A – Wages, Allowances and Spread of Hours Spread of Ordinary Hours First full pay period in September 2023 The ordinary hourly rate of pay: Level 1 Level 2 Level 3 Monday to Friday – 6am to 7am 125% $32.95 $34.45 $35.80 Monday to Friday - 7am to 6pm 100%^ $26.36 $27.56 $28.64 Monday to Friday – 6pm to 11pm 125% $32.95 $34.45 $35.80 Saturday – 6am to 11pm 125% $32.95 $34.45 $35.80 Sunday – 6am to 9am 185% $48.77 $50.98 $52.98 Sunday – 9am to 11pm 150% $39.55 $41.34 $42.96 Public Holiday Worked 225% $59.32 $62.01 $64.43 ^This is the ordinary hourly rate of pay as defined in clause 1.3(l) All Hours are Ordinary Hours First full pay period in September 2023 The ordinary hourly rate of pay: ON CW Level 1 ON CW Level 2 ON CW Level 3 Monday to Friday – Midnight to 6am 150% $39.55 $41.34 $42.96 Monday to Friday – 6am to 7am 125% $32.95 $34.45 $35.80 Monday to Friday – 7am to 1pm* 100%^ $26.36 $27.56 $28.64 Monday to Friday – 7am to 1pm** 125% $32.95 $34.45 $35.80 Monday to Friday – 1pm to 6pm 100%^ $26.36 $27.56 $28.64 Monday to Friday – 6pm to 11pm 125% $32.95 $34.45 $35.80 Monday to Friday – 11pm to Midnight 150% $39.55 $41.34 $42.96 Saturday – Midnight to 6am 150% $39.55 $41.34 $42.96 Saturday – 6am to 1pm* 125% $32.95 $34.45 $35.80 Saturday – 6am to 1pm** 150% $39.55 $41.34 $42.96 Saturday – 1pm to 11pm 125% $32.95 $34.45 $35.80 Saturday – 11pm to Midnight 150% $39.55 $41.34 $42.96 All Hours are Ordinary Hours First full pay period in September 2023 The ordinary hourly rate of pay: ON CW Level 1 ON CW Level 2 ON CW Level 3 Sunday – Midnight to 6am 200% $52.73 $55.12 $57.27 Sunday – 6am to 9am 185% $48.77 $50.98 $52.98 Sunday – 9am to 11pm 150% $39.55 $41.34 $42.96 Sunday – 11pm to Midnight 200% $52.73 $55.12 $57.27 Public Holiday Worked 225% $59.32 $62.01 $64.43 *Overnight co-worker shift penalty where shift commences before 11pm and from 5am **Overnight co-worker shift penalty where shift commences between 11pm and 4.59am ^ This is the ordinary hourly rate of pay as defined in clause 1.3(m) Allowance Table Allowance Meal Allowance – 4 hours overtime or less in accordance with clause 4.4 $21.57 Meal Allowance – more than 4 hours overtime in accordance with clause 4.4 $19.56 Kilometre Allowance 95 cents First Aid Allowance – in accordance with clause 4.6 $13.30 Attachment B - Casual Co-Worker Conditions Casual Co-workers (a) Casual co-workers are co-workers who are engaged and paid as such on an hourly basis, as and when required. Casual co-workers are not engaged on an ongoing basis. (b) Where a casual co-worker has been included in a posted roster, IKEA may make changes to a casual co-worker's shift at least 24 hours prior to the commencement of the shift. XXXX will contact the co-worker to let them know of any such changes. If a casual co-worker will not be able to work a shift in a posted roster they must personally contact their immediate manager to notify of their unavailability and the reason for it at least 24 hours prior to commencement of the shift. In more pressing and urgent times of unavailability a casual co-worker must attempt to personally contact their immediate manager as soon as reasonably practical. (c) A casual co-worker's hourly rate of pay is calculated by adding 27.5% to the ordinary hourly rate of pay for their classification level including at times a penalty rate applies to a permanent co-worker (e.g. when a permanent co- worker is paid a 125% penalty a casual will be paid 152.5%). The 27.5% loading is in lieu of entitlements to paid leave and overtime, with the exception of long service leave and, where eligible, unpaid parental and/or unpaid personal leave. (d) A casual co-worker may not be rostered to work for less than 4 consecutive hours per shift, except when they are attending an IKEA training session or meeting, when a 2 hour minimum will apply. (e) IKEA may also employ existing casual co-workers under a temporary employment contract either on a full time or part time basis, providing there is mutual agreement for these arrangements to occur. (f) Casual co-workers are also entitled to up to 2 days unpaid carer's leave per occasion. (g) Casual co-workers are also entitled to up to 2 days unpaid compassionate leave per occasion. (h) At the end of each quarter during each 12 month period, IKEA will undertake a reconciliation of a casual co-worker's remuneration to ensure they have received at least the remuneration they would have received under the modern award. If the reconciliation identifies there is any shortfall in the co-worker's remuneration, IKEA will pay the shortfall in the first full pay period following the end of the relevant quarter.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer (a) Sedco Forex and Employee an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌agreement if: (ai) the arrangement The agreement deals with one (1) 1 or more of the following matters: (i) arrangements for : - Arrangements about when work is performed;; - Overtime rates; - Penalty rates; - Allowances; and (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the The arrangement meets the genuine needs of Sedco Forex and the Employer and Employee employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1paragraph (8.4(a)(i)); and (ciii) the The arrangement is genuinely agreed to by Sedco Forex and the Employer and Employeeemployee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer (b) Sedco Forex must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under (see section 172 of the Act;); and (bii) are Are not unlawful terms under (see section 194 of the Act); and (ciii) result Result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer (c) Sedco Forex must ensure that the individual flexibility arrangement: (ai) is Is in writing;; and (bii) includes Includes the name of Sedco Forex and the Employer and Employee;employee; and (ciii) is Is signed by the Employer Sedco Forex and the Employee and, employee and if the Employee employee is under 18 years of age, the Employee’s signed by a parent or guardian;‌guardian of the employee; and (div) includes Includes details of: (i) the : - The terms of the Agreement enterprise agreement that will be varied by the arrangement; (ii) how ; and - How the arrangement will vary the effect of the terms; and (iii) how and - How the Employee employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (ev) states States the date day on which the arrangement commences. 12.6 The Employer (d) Sedco Forex must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 The Employer (e) Sedco Forex or Employee the employee may terminate the individual flexibility arrangement: (ai) by By giving no more than 28 days written notice to the other party to the arrangement; or if or (ii) If Sedco Forex and the Employer and Employee employee agree in writing at any time. Part 9 Agreement Acceptance Signed for and on behalf of Sedco Forex: . .............................................. (Signature) 8/18/2023 . .............................................. (Date) Xxxxxxxx Xxxxxxx Position: Human Resources Manager – Asia & Australia Address: L29, Xxxxxxx Centre, 000 Xx Xxxxxxx Xxxxxxx, Xxxxx, XX 0000 Who is duly authorised to sign this Agreement on behalf of the company Signed for and on behalf of the AWU: ............................................... (Signature) .....2...4.../..0...8.../.2...0...2...3 (Date) .........P...a...u...l...F...a...r..r..o...w (Name) ...N....a...t.i.o...n...a...l...S...e...c...r..e...t.a...r..y (Position) Address: Level 0, 00-00 Xxxx Xx, Xxxxxxxxx XXX 0000 Who is duly authorised to sign this Agreement pursuant to the rules of the AWU Classification Occupations Minimum Salary Annual Leave Component XXXX* Total Salary Level 1 Floorhand $139,174 $13,382 $7,200 $159,756 Motor Operator Assistant Crane Operator Roustabout Radio Operator Level 2 Derrickhand $147,080 $14,142 $7,200 $168,422 Pumphand Medic Materials Coordinator Rig HSE Advisor II/I Level 3 Mechanic $152,030 $14,618 $7,200 $173,848 Electronic Technician Electrician Welder Crane Operator Assistant Subsea Ballast Control Operator Senior Materials Coordinator Level 4 Chief Electronic Technician $158,950 $15,284 $7,200 $181,434 Chief Mechanic Chief Electrician Assistant Driller Subsea Supervisor Deckpusher Barge Supervisor Level 5 Master / OIM II/I $187,989 $18,076 $7,200 $213,265 Drilling Superintendent II/I Senior Toolpusher Toolpusher Driller Senior Maintenance Supervisor II/I Electrical/Electronic Supervisor Senior Subsea Supervisor *Fixed for the life of the Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. (a) Cabrini and an Employee may enter into a flexibility agreement as follows: 12.1 (b) An Employer and Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌if: (ai) the arrangement agreement deals with one (1) 1 or more of the following matters: (i) A. arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) B. allowances; (v) leave loading; and (bii) the arrangement meets the genuine needs of the Employer employer and Employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1(b) (i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 (c) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 (d) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of the Employer and Employee;; and (ciii) is signed by the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (div) includes details of: (i) A. the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and (ii) B. how the arrangement will vary the effect of the terms; and (iii) C. how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (ev) states the date day on which the arrangement commences. 12.6 (e) The Employer employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 (f) The Employer or Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or or (ii) if the Employer and Employee agree in writing – at any time.

Appears in 1 contract

Samples: Cabrini Medical Scientists, Dietitians, Pharmacists and Psychologists Agreement 2024

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Individual Flexibility Arrangement. ‌ 12.1 An Employer (a) Strandbags and Employee an employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the this Enterprise Agreement if:‌if: (ai) the arrangement The agreement deals with one (1) 1 or more of the following matters: (iA) arrangements for Arrangements about when work is performed; (iiB) overtime Overtime rates; (iiiC) penalty Penalty rates; (ivD) allowances; (v) leave loadingAllowances; and (bii) the The arrangement meets the genuine needs of Strandbags and the Employer and Employee employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1sub-clause 6.10 (a) (i); and (ciii) the The arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer Strandbags and the individual Employee.employee, 12.3 The Employer must (b) Strandbags will ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (bii) are Are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result Result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made., 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer (c) Strandbags must ensure that the individual flexibility arrangement: (ai) is Is in writing;; and (bii) includes Includes the name of Strandbags and the Employer and Employee;employee; and (ciii) is Is signed by the Employer Strandbags and the Employee and, employee and if the Employee employee is under 18 years of age, the Employee’s signed by a parent or guardian;‌guardian of the employee; and (div) includes Includes details of: (iA) the The terms of the Enterprise Agreement that will be varied by the arrangement;; and (iiB) how How the arrangement will vary the effect of the terms; and (iiiC) how How the Employee employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (ev) states States the date day on which the arrangement commences. 12.6 The Employer must (d) Strandbags will give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 The Employer (e) Strandbags or Employee the employee may terminate the individual flexibility arrangement: (ai) by By giving no more than 28 days written notice to the other party to the arrangement; or if or (ii) If Strandbags and the Employer and Employee employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. 11.1 This clause constitutes the flexibility term referred to in section 202 of the FW Act. 12.1 11.2 An Employer Employee and Employee covered by this Agreement RMIT may agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if:‌ (a) the arrangement deals with which will be confined to one (1) or more of the following matters: a) Allowing for the ordinary hours, Monday to Friday, of the Employee to fall outside the span of hours in clause 36 provided that: (i) arrangements the flexibility arrangement specifies alternative ordinary hours of work for when work is performedthat Employee; (ii) overtime rates;any reference to "ordinary hours" in clauses 39 and 40 will be taken to be a reference to "ordinary hours" specified in the Flexibility Agreement; and (iii) penalty rates;clauses 39 and 40 apply to the employee’s ordinary hours as redefined. (iv) allowances;11.3 RMIT must ensure that: (v) leave loading; and (ba) the arrangement meets the genuine needs of RMIT and the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1; andclause 11.2; (cb) the arrangement is genuinely agreed to by RMIT and the Employer and Employee.; 12.2 The c) agreement to a flexibility arrangement may not be a precondition for employment, reclassification or promotion; d) the Employee may appoint is advised that they are entitled to have a representative negotiate a flexibility arrangement on their behalf, providing that there is no requirement for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than third party to the Employer arrangement as specified in section 203(5) of the FW Act; e) the Employee and their representative must have at least three working days to consider the individual Employeeproposal; and f) the Employee is provided with a copy of the written agreement and a copy of that agreement is retained as a time and wages record. 12.3 The Employer 11.4 RMIT must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act;; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee he/she would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer 11.5 RMIT must ensure that the individual flexibility arrangement: (a) is provided in writing;writing to the Employee within 14 days after it is agreed; and (b) includes the name of RMIT and of the Employer and Employee;; and (c) is signed by the Employer RMIT and the Employee and, (and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌); and (d) includes details of: (i) the terms of the 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 Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the date day on which the arrangement commences 12.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 The Employer 11.6 RMIT or the Employee may terminate the individual flexibility arrangementagreement: (a) by giving no more than 28 days 13 weeks written notice of termination to the other party and the agreement ceasing to operate at the arrangementend of the notice period; or if the Employer and Employee agree in writing – or b) at any time, by written agreement between RMIT and the individual Employee. 11.7 RMIT will report annually to the UCC the number and type of flexibility arrangements that are made in accordance with this clause, together with the classification level and gender of the applicants.

Appears in 1 contract

Samples: Vocational Education Workplace Agreement

Individual Flexibility Arrangement. ‌ 12.1 An a) The Employer 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:‌if: (a) i. the arrangement deals with one (1) or more of the following matters: (i) arrangements for a. Arrangements about when work is performed; (ii) overtime b. Overtime rates; (iii) penalty c. Penalty rates; (iv) allowancesd. Allowances; (v) leave e. Leave loading; andor (b) the f. Work arrangements to accommodate carer responsibilities; ii. The arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1clause 1.1. 7 a) i.; and (c) the iii. The arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 b) The Employer must ensure that the terms of the individual flexibility arrangement: (a) are i. Are about permitted matters under section 172 of the Act;; and (b) are ii. Are not unlawful terms under section 194 of the Act; and (c) result iii. Result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 c) The Employer must ensure that the individual flexibility arrangement: (a) is i. Is in writing;; and (b) includes ii. Includes the name of the Employer and Employee;; and (c) is iii. 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’s parent or guardian;‌; and (d) includes iv. Includes details of: (i) the a. The terms of the Agreement that will be varied by the arrangement;; and (ii) how b. How the arrangement will vary the effect of the terms; and (iii) how c. How the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the date d. The day on which the arrangement commences. 12.6 d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 e) The Employer or Employee may terminate the individual flexibility arrangement: (a) by i. By giving no more than 28 days written notice to the other party to the arrangement; or if or ii. If the Employer and Employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 17.1 An Employer and an individual Employee covered by this Agreement may agree to make an vary the application of certain terms of this Agreement to meet the genuine individual flexibility arrangement needs of the Employer and the individual Employee. The terms the Employer and the individual Employee may agree to vary the effect application of terms of the Agreement if:‌are those concerning: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances; (v) leave loading; and (be) leave loading. 17.2 The Employer and the arrangement meets individual Employee must have genuinely made the genuine needs of agreement without coercion or duress. 17.3 The agreement between the Employer and the individual Employee must: (a) be confined to a variation in relation to the application of one (1) or more of the matters mentioned terms listed in subclause 12.1sub- clause 17.1; and (cb) result in the arrangement is genuinely Employee being better off overall than the Employee would have been if no individual flexibility agreement had been agreed to. 17.4 The agreement between the Employer and the individual Employee must also: (a) be in writing, 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; (b) state each term of this Agreement that the Employer and the individual Employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the Employer and the individual Employee; (d) detail how the agreement results in the individual Employee being better off overall in relation to the individual Employee’s terms and conditions of employment; and (e) state the date the agreement commences to operate. 17.5 The Employer must give the individual Employee a copy of the agreement and keep the agreement as a time and wages record. 17.6 Except as provided in sub-clause 17.4(a), the agreement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.2 17.7 Where the Employer seeks to enter into an agreement, it 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. 17.8 The agreement may be terminated: (a) by the Employer or the individual Employee giving four (4) weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between the Employer and the individual Employee. 17.9 The right to make an agreement pursuant to this clause 17 is in addition to, and is not intended to otherwise affect, any provision for an agreement between the Employer and an individual Employee contained in any other term of this Agreement. 17.10 The Employee may appoint a representative for the purposes of the procedure in this clause 1217, including the Union. Except as provided in subclause 12.5(c), sub-clause 17.6 the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 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; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Employer and Employee; (c) is signed by the Employer and the Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;‌ (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; and (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 date the arrangement commences 12.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 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 if the Employer and Employee agree in writing – at any time.

Appears in 1 contract

Samples: Victorian Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017 2021

Individual Flexibility Arrangement. 12.1 20.1 An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement (also known as ‘IFA’) to vary the effect of terms of the Agreement if:‌if: (a) the arrangement Agreement deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (bvi) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1(a); and (cvii) the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 20.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act;; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 20.3 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 the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; 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 their his or her employment as a result of the arrangement; and (eiv) states the date day on which the arrangement commences. 12.6 20.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 20.5 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 or (b) if the Employer and Employee agree in writing – at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An (a) The Employer and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌agreement if: (ai) the arrangement agreement deals with one (1) 1 or more of the following matters: (i1) arrangements for about when work is performed; (ii2) overtime rates; (iii3) penalty rates; (iv4) allowances; (v5) leave loading; and (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1paragraph (i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of the Employer and Employee;; and (ciii) is signed by the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (div) includes details of: (i1) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and (ii2) how the arrangement will vary the effect of the terms; and (iii3) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (ev) states the date day on which the arrangement commences. 12.6 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 (e) The Employer or Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or or (ii) if the Employer and Employee agree in writing at any timeanytime.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer a) The Company and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌if: (a) i. the arrangement Agreement deals with one (1) or more of the following matters: (i) :  arrangements for about when work is performed; (ii) ;  hours of work;  overtime rates; (iii) ;  penalty rates; (iv) ;  allowances; (v) ;  leave loading; , and (b) ii. the arrangement meets the genuine needs of the Employer Company and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1clause 9(a)(i); and (c) iii. the arrangement is genuinely agreed to by the Employer Company and Employee. 12.2 b) The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) :  are about permitted matters under section 172 of the Act; (b) ; and  are not unlawful terms under section 194 of the Act; and (c) and  result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 c) The Employer Company must ensure that the individual flexibility arrangement: (a) :  is in writing; (b) ; and  includes the name of the Employer Company and Employee; (c) ; and  is signed by the Employer Company and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌ (d) ; and  includes details of: (i) :  the terms of the Agreement that will be varied by the arrangement; (ii) ; and  how the arrangement will vary the effect of the terms; and (iii) and  how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) and  states the date day on which the arrangement commences. 12.6 d) The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 e) The Employer Company 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 if the Employer Company and Employee agree in writing – at any time. f) Where an individual flexibility arrangement between an Employee and the employer is reached under this Agreement, the employer commits to informing any union(s) covered by this Agreement with the following information:  details of the term(s) of the arrangement and/or incorporated award(s), and  which classification of Employees are proposed to be subject to such an arrangement. When informing the union(s) under this subclause, the employer will not disclose the name of any Employee who the employer enters into an arrangement with. g) For the avoidance of doubt, informing union under this subclause does not mean that the union must approve or consent to the individual flexibility arrangement.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer 50.1 The Company 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:‌if: (a) the arrangement agreement deals with one (1) 1 or more of the following matters: (i) arrangements for 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 Company and Employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 12.2 50.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Xxx 0000; and (b) are not unlawful terms under section 194 of the ActFair Work Xxx 0000; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 50.3 The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer Company and Employee;; and (c) is signed by the Employer Company and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) includes details of: (i) the terms of the Agreement 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 their his or her employment as a result of the arrangement; and (eiv) states the date day on which the arrangement commences. 12.6 50.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 50.5 The Employer Company 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 or (b) if the Employer Company and Employee agree in writing -- at any time. 51 Consultation about Major Change 51.1 This term applies if the Company: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 51.2 For a major change referred to in paragraph 51.1(a): (a) the Company must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 51.3 to 51.9 apply. 51.3 The Relevant Employees may appoint a representative for the purposes of the procedures in this clause. 51.4 If: (a) a Relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative. 51.5 As soon as practicable after making its decision, the Company must: (a) discuss with the Relevant Employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the Employees; and (iii) measures the Company is taking to avert or mitigate the adverse effect of the change on the Employees; and (b) for the purposes of the discussion—provide, in writing, to the Relevant Employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the Employees; and (iii) any other matters likely to affect the Employees. 51.6 However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 51.7 The Company must give prompt and genuine consideration to matters raised about the major change by the Relevant Employees. 51.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Company, the requirements set out in paragraph 51.2(a) and subclauses 51.3 and 51.5 are taken not to apply. 51.9 In this term, a major change is likely to have a significant effect on Employees if it results in: (a) the termination of the employment of Employees; or (b) major change to the composition, operation or size of the Company’s workforce or to the skills required of Employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. 51.10 For a change referred to in paragraph 51.1(b): (a) the Company must notify the Relevant Employees of the proposed change; and (b) subclauses 51.11 to 51.15 apply. 51.11 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 51.12 If: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Company of the identity of the representative; the Company must recognise the representative. 51.13 As soon as practicable after proposing to introduce the change, the Company must: (a) discuss with the Relevant Employees the introduction of the change; and (b) for the purposes of the discussion—provide to the Relevant Employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the Company reasonably believes will be the effects of the change on the Employees; and (iii) information about any other matters that the Company reasonably believes are likely to affect the Employees; and (c) invite the Relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 51.14 However, the Company is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 51.15 The Company must give prompt and genuine consideration to matters raised about the change by the Relevant Employees. 51.16 For the purposes of this clause, Relevant Employees means the employees who may be affected by a change referred to in subclause 51.1.

Appears in 1 contract

Samples: Cb&i Agreement

Individual Flexibility Arrangement. ‌ 12.1 An 9.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of the terms of the Agreement if:‌ (a) if the arrangement IFA deals with one (1) or more of the following mattersmatters and is done to meet the genuine needs of both the Employee and the Employer: (ia) arrangements for when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; andor (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1overtime rates; andor (c) the arrangement is genuinely agreed by the Employer and Employeepenalty rates; or (d) allowances; or (e) leave loading. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement 9.2 An IFA must not require the approval or consent of a person other than be genuinely made by the Employer and the individual EmployeeEmployee without coercion or duress and may only be made after the individual Employee has commenced employment with the Employer. 12.3 9.3 The Employer must ensure that the terms of the individual flexibility arrangementIFA: (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. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 9.4 The Employer must ensure that the individual flexibility arrangementIFA: (a) is in writing;; and (b) includes the name of the Employer and the Employee;; and (c) is signed by the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) includes include details of: (i) the terms term(s) of the Agreement that will be varied by the arrangement;IFA; and (ii) how the arrangement IFA will vary the effect of the termsterm(s); and (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangementIFA; and (eiv) states the date day on which the arrangement commences. 12.6 9.5 The Employer must give to the Employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 12.7 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 if the Employer and Employee agree in writing – at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer (a) dnata and Employee an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌agreement if: (ai) the arrangement The agreement deals with one (1) 1 or more of the following matters: (i) arrangements for : - Arrangements about when work is performed;; - Overtime rates; - Penalty rates; - Allowances; and (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the The arrangement meets the genuine needs of dnata and the Employer and Employee employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1paragraph (7.5(a)(i)); and (ciii) the The arrangement is genuinely agreed to by dnata and the Employer and Employeeemployee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer (b) dnata must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under section 172 of the ActFair Work Act 2009; (bii) are Are not unlawful terms under section 194 of the Act; andFair Work Act 2009; (ciii) result Result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer (c) dnata must ensure that the individual flexibility arrangement: (ai) is Is in writing; (bii) includes Includes the name of dnata and the Employer and Employeeemployee; (ciii) is Is signed by the Employer dnata and the Employee and, employee and if the Employee employee is under 18 years of age, the Employee’s signed by a parent or guardian;‌guardian of the employee; (div) includes Includes details of: (i) the : - The terms of the Enterprise Agreement that will be varied by the arrangement; (ii) how ; and - How the arrangement will vary the effect of the terms; and (iii) how and - How the Employee employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and. (ev) states States the date day on which the arrangement commences. 12.6 The Employer (d) dnata must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 The Employer (e) dnata or Employee the employee may terminate the individual flexibility arrangement: (ai) by By giving no more than 28 days written notice to the other party to the arrangement; or if or (ii) If dnata and the Employer and Employee employee agree in writing at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer 36.1. The Company 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:‌if: (a) the arrangement agreement deals with one (1) 1 or more of the following matters: (i) arrangements for 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 Company and Employee in relation to one (1) 1 or more of the matters mentioned in subclause 12.1paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 12.2 36.2. The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act;; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 36.3. The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer Company and Employee;; and (c) is signed by the Employer Company and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) includes details of: (i) the terms of the Agreement 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 their his or her employment as a result of the arrangement; and (eiv) states the date day on which the arrangement commences. 12.6 36.4. The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 36.5. The Employer Company 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 or (b) if the Employer Company and Employee agree in writing -- at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 11.1 An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (“IFA”) to vary the effect of terms of the this Agreement if:‌if: (a) the arrangement The IFA deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime Overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loadingAnnual Leave Loading; and (bvi) Annual Leave single-day absences – Upon the request of the Employee, the Employer may agree to single-day Annual Leave absences to be taken up to a maximum of ten (10) days; and: (vii) the arrangement IFA meets the genuine needs of the Employer and Employee in relation to one one (1) or more of the matters mentioned in subclause 12.1Clause 11.1(a); and (cviii) the arrangement IFA is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the individual Employee. 12.3 11.2 The Employer must ensure that the terms of the individual flexibility arrangementIFA: (a) are about permitted matters under section Section 172 of the Act;; and (b) are not unlawful terms under section 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. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 11.3 The Employer must ensure that the individual flexibility arrangementIFA: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (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’s parent or guardian;‌; and (d) includes details of: (i) the terms of the this Agreement that will be varied by the arrangement;IFA; and (ii) how the arrangement IFA 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 their employment as a result of the arrangementIFA; and (eiv) states the date day on which the arrangement IFA commences. 12.6 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 12.7 11.5 The Employer or Employee may terminate the individual flexibility arrangementIFA: (a) by giving no more than 28 days written notice to the other party to the arrangement; or or (b) if the Employer and Employee agree in writing – at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 An Employer 9.1 The Auditor-General or Deputy Auditor-General and Employee employees covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:‌if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/or (vi) leave loading; and (b) the arrangement meets the genuine needs of the Employer ANAO and Employee the employee in relation to one (1) or more of the matters mentioned in subclause 12.1paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer Auditor-General or Deputy Auditor-General and Employeeemployee. 12.2 9.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval Auditor-General or consent of a person other than the Employer and the individual Employee. 12.3 The Employer Deputy Auditor-General must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair 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. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 9.3 The Employer Auditor-General or Deputy Auditor-General must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee; (c) is signed by the Employer Auditor-General or Deputy Auditor-General and the Employee and, employee and if the Employee employee is under 18 years of age, the Employee’s signed by a parent or guardian;‌guardian of the employee; and (c) includes the name of the employer and employee; and (d) includes details of: : (i) the terms of the 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 Employee employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (eiv) states the date day which the arrangement commencescommences and, where applicable, when the arrangement xxxxxx. 12.6 9.4 The Employer Auditor-General or Deputy Auditor-General must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 9.5 The Employer Auditor-General or Employee Deputy Auditor-General or the 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 or (b) if the Employer Auditor-General or Deputy Auditor-General and Employee the employee agree in writing - at any time.

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. (IFA) 12.1 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:‌ (a) the arrangement 7.1 The IFA deals with one (1) or more of the following matters: (ia) arrangements Arrangements for when work is performed; (iib) overtime Overtime rates; (iiic) penalty Penalty rates; (ivd) allowancesAllowances; (ve) leave Leave loading; and (bf) the arrangement The IFA meets the genuine needs of LNAC and the Employer and Employee in relation to one one (1) or more of the matters mentioned in subclause 12.1above; and (cg) the arrangement The IFA is genuinely agreed to by the Employer and Employee. 12.2 The Employee may appoint a representative for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer LNAC and the individual Employee. 12.3 The Employer 7.2 LNAC must ensure that the terms of the individual flexibility arrangementIFA: (a) are Are about permitted matters under section 172 of the Act;; and (b) are Are not unlawful terms under section 194 of the Act; and (c) result Are consistent with section 65 of the Act; and (d) Result in the Employee being better off overall than the Employee would be if no arrangement IFA was made. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 The Employer 7.3 LNAC must ensure that the individual flexibility arrangementIFA: (a) is Is in writing;; and (b) includes Includes the name of LNAC and the Employer Employee; and Employee;Larrakia Nation Aboriginal Corporation Enterprise Agreement 2024 (c) is Is signed by the Employer LNAC and the Employee andEmployee, or if the Employee is under 18 years of age, signed by a parent or guardian of the Employee’s parent or guardian;‌; and (d) includes Includes details of: (i) the The terms of the Agreement that will be varied by the arrangement;IFA; and (ii) how How the arrangement IFA will vary the effect of the terms; and (iii) how How the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangementIFA; and (iv) States the day on which the IFA commences. (e) states LNAC will provide the date Employee with a written response within twenty one (21) days, stating whether the arrangement commencesEmployer grants or refuses the request. 12.6 The Employer 7.4 LNAC must give the Employee a copy of the individual flexibility arrangement IFA within 14 fourteen (14) days after it is agreed to. 12.7 7.5 Where the Employee's understanding of written English is limited, LNAC must take measures to the extent reasonably practicable, including translation into an appropriate language, to ensure the Employee understands the proposal. 7.6 The Employer or Employee IFA may terminate the individual flexibility arrangementbe terminated: (a) by By LNAC or the individual Employee giving no more than 28 days written twenty eight (28) days' notice of termination, in writing, to the other party and the IFA ceasing to operate at the arrangementend of the notice period; or if the Employer and Employee agree in writing – at or (b) At any time, by written agreement between LNAC and the individual Employee. 7.7 The right to make an IFA pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between LNAC and an individual Employee contained in any other term of this Agreement. Larrakia Nation Aboriginal Corporation Enterprise Agreement 2024

Appears in 1 contract

Samples: Enterprise Agreement

Individual Flexibility Arrangement. ‌ 12.1 5.1 An Employer Employee and the Company may, after an Employee covered by this Agreement may agree to make has commenced employment, enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of the Employee and the Company. An individual flexibility arrangement must be genuinely agreed to, without duress or coercion, by the Employee and the Company. 5.2 An individual flexibility arrangement may vary the effect of terms of the Agreement if:‌ (a) the arrangement deals with one (1) or more of the following mattersterms of this enterprise agreement: (ia) arrangements for when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances;; and (ve) leave loading. 5.3 The Company who wishes to initiate the making of an individual flexibility arrangement must: (a) give the Employee a written proposal; and (b) if the arrangement meets Company is aware that the genuine needs 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 Employer and Employee in relation to one (1) or more of employee understands the matters mentioned in subclause 12.1; and (c) the arrangement is genuinely agreed by the Employer and Employeeproposal. 12.2 The 5.4 An Employee may appoint nominate a representative to assist in negotiations for the purposes of the procedure in this clause 12, including the Union. Except as provided in subclause 12.5(c), the arrangement must not require the approval or consent of a person other than the Employer and the an individual Employeeflexibility arrangement. 12.3 5.5 The Employer Company must ensure that the terms of the any 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; and (c) arrangement will result in the Employee being better off overall than the Employee would be have been if no individual flexibility arrangement was madewere agreed to. 12.4 Where the Employee’s understanding of written English is limited, the Employer will take measures, including translation into an appropriate language, to ensure the Employee understands the proposed individual flexibility arrangement. 12.5 5.6 The Employer Company must ensure that an individual flexibility arrangement is in writing and signed by the Employee and the Company. If the Employee is under 18 the arrangement must also be signed by a parent or guardian of the Employee. 5.7 The Company must give a copy of the individual flexibility arrangementarrangement to the Employee within 14 days after it is agreed to and keep a copy as a time and wages record. 5.8 The Company must ensure that any individual flexibility arrangement sets out: (a) is in writing; (b) includes the name of the Employer and Employee; (c) is signed by the Employer and the Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;‌ (d) includes details of: (i) the terms of the Agreement this enterprise agreement that will be varied by the arrangement; (iib) how the arrangement will vary the effect of the terms; and; (iiic) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (ed) states the date day on which the arrangement commences 12.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.7 5.9 The Employer or Employee may terminate the Company must ensure that any individual flexibility arrangement: (a) by giving no more than 28 days written notice to is about matters that would be permitted matters under section 172 of the other party to the arrangement; or Act if the Employer and 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 agree in writing – or the Company giving a specified period of written notice, with the specified period being 13 weeks; and (e) at any timetime by written agreement between the Employee and the Company. 5.10 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 specified term or when the Employee ceases to perform the specified role unless terminated earlier on notice or by agreement.

Appears in 1 contract

Samples: Enterprise Agreement

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