Common use of Individual Flexibility Arrangement Clause in Contracts

Individual Flexibility Arrangement. 13.1 An Employee and the Employer may, after an Employee has commenced employment, enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of the Employee and Employer. An individual flexibility arrangement must be genuinely agreed to, without duress or coercion, by the Employee and Employer. 13.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (a) arrangements for when work is performed; (b) breaks between successive shifts; (c) On Call, specifically to address remaining on-site overnight for the On Call period; (d) overtime rates; (e) penalty rates; (f) allowances; and (g) leave loading. 13.3 An Employer who wishes to initiate the making of an individual flexibility arrangement must: (a) give the Employee a written proposal; and (b) if the Employer is aware that the 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 employee understands the proposal. 13.4 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 13.5 The Employer must ensure that any individual flexibility arrangement will result in the Employee being better off overall than the Employee would have been if no individual flexibility arrangement were agreed to. 13.6 The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18 the arrangement must also be signed by a parent or guardian of the Employee. 13.7 The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to, and keep a copy as a time and wages record. 13.8 The Employer must ensure that any individual flexibility arrangement sets out: (a) the terms of this enterprise agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) the day on which the arrangement commences. 13.9 The Employer must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (b) does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and (c) provides for the arrangement to be terminated: (i) by either the Employee or Employer giving a specified period of written notice, with the specified period being no more than 28 days; and (ii) at any time by written agreement between the Employee and Employer. 13.10 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.

Individual Flexibility Arrangement. 13.1 5.1 An Employee and the Employer may, after an Employee has commenced employment, may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of the Employee and Employer. An individual flexibility arrangement must be genuinely agreed to, without duress or coercion, to by the Employee and Employer. 13.2 5.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (a) arrangements for when work is performed; (b) breaks between successive shifts; (c) On Call, specifically to address remaining on-site overnight for the On Call period; (d) overtime rates; (ec) penalty rates; (fd) allowances; and (ge) leave loading. 13.3 An Employer who wishes to initiate the making of an individual flexibility arrangement must: (a) give the Employee a written proposal; and (b) if the Employer is aware that the 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 employee understands the proposal. 13.4 5.3 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 13.5 5.4 The Employer must ensure that any individual flexibility arrangement will result in the Employee being better off overall than the Employee would have been if no individual flexibility arrangement were agreed to. 13.6 5.5 The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18 the arrangement must also be signed by a parent or guardian of the Employee. 13.7 5.6 The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to, and keep a copy as a time and wages record. 13.8 5.7 The Employer must ensure that any individual flexibility arrangement sets out: (a) the terms of this enterprise agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) the day on which the arrangement commences. 13.9 5.8 The Employer must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (b) does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and (c) provides for the arrangement to be terminated: (id) by either the Employee or Employer giving a specified period of written notice, with the specified period being no not more than 28 days; and (iie) at any time by written agreement between the Employee and Employer. 13.10 5.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the Employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the Employee ceases to perform the specified role unless terminated earlier on notice or by agreement.