Common use of Individual Flexibility Arrangement Clause in Contracts

Individual Flexibility Arrangement. (a) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) (penalty rates; (iv) allowances; and (v) leave loading; (b) The arrangement must meet the genuine needs of the employer and employee in relation to one or more of the matters mentioned above. (c) The arrangement must be genuinely agreed to by the employer and employee. (d) The employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would be if no arrangement was made. (e) The employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (iv) includes details of: (f) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) The employer or employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the employer and employee agree in writing — at any time. Part 3 - Types of Employment and Termination

Individual Flexibility Arrangement. (aIFA) (1) An employer TMB and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement IFA to vary the effect of any terms of the agreement if the agreement deals with one or more of the following mattersif: (ia) arrangements about when work is performed; (ii) overtime rates; (iii) (penalty rates; (iv) allowances; the arrangement meets the genuine needs of TMB and the employee, and (v) leave loading; (b) The the arrangement must meet the genuine needs of the employer and employee in relation to one or more of the matters mentioned above. (c) The arrangement must be is genuinely agreed to by TMB and the employer and employee. (d2) The employer must TMB will ensure that the terms of the individual flexibility arrangementIFA: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; , and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; , and (iiic) result in the employee being better off overall than the employee would be if no arrangement was made. (e3) The employer must TMB will ensure that the individual flexibility arrangementIFA: (ia) is in writing; , and (iib) includes the name of the employer organisation and the employee; , and (iiic) is signed by the employer Senior Manager - HR and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; , and (ivd) includes details of: (fi) The employer must the terms of the enterprise agreement that will be varied by the arrangement, and (ii) how the arrangement will vary the effect of the terms, and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement, and (iv) states the day on which the arrangement commences. (4) TMB will give the employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. (g5) The employer TMB or the employee may terminate the individual flexibility arrangementIFA: (ia) by giving no more than 28 days written notice to the other party to the arrangement; , or (iib) if TMB and the employer and employee agree in writing — at any time. Part 3 - Types of Employment and Termination (6) An IFA made in accordance with this Agreement will end when a new Agreement comes into operation.

Individual Flexibility Arrangement. (a) An employer The Company and an individual employee covered by this enterprise agreement Agreement may agree to make an arrangement (individual flexibility arrangement arrangement) to vary the effect of terms clause 17 of this Agreement (ordinary hours of work within the agreement if the agreement deals with one normal span of hours) or more clause 2 of the following matters: Schedule 3 of this Agreement (i) arrangements about when ordinary hours of work is performed; (ii) overtime rates; (iii) (penalty rates; (iv) allowances; and (v) leave loading; (b) The arrangement must for employees engaged on a 7-day roster), in order to meet the genuine needs of the employer Company and the employee. (b) The Company and the employee in relation to one must genuinely make the individual flexibility arrangement without coercion or more of the matters mentioned aboveduress. (c) The individual flexibility arrangement must must: i) be genuinely agreed confined to by a variation in the employer and employee. (d) The employer must ensure that the terms application of the individual flexibility arrangement:term listed in sub-clause (a) above; (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would be have been if no arrangement was made. (e) The employer must ensure that the individual flexibility arrangement:arrangement had been agreed to; (iiii) is be in writing; and (ii) includes , name the name of parties to the employer agreement and employee; and (iii) is be signed by the employer Company and the employee and (and, if the employee is under 18 years of age, signed by a the employee’s parent or guardian guardian); iv) be about permitted matters under section 172 of the employeeAct; v) not contain unlawful terms under section 194 of the Act; and (ivvi) includes details of:can only be initiated by an employee. (fd) The employer Company must give provide the employee with a copy of the individual flexibility arrangement within 14 days after of it is agreed tobeing agreed. (ge) The employer or employee may terminate the individual flexibility arrangementarrangement can be terminated: (i) by either the Company or the employee giving no more than 28 days written notice to the other party to the arrangementof not more than 28 days; or (ii) if by agreement of the employer and employee agree parties in writing — at any time. Part 3 - Types . (f) This arrangement will apply to existing employees and will not be made a condition of Employment and Terminationengagement for new employees.

Individual Flexibility Arrangement. (a) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) (penalty rates; (iv) allowances; and (v) leave loading; (b) The arrangement must meet the genuine needs of the employer and employee in relation to one or more of the matters mentioned above. (c) The arrangement must be genuinely agreed to by the employer and employee. (d) The employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would be if no arrangement was made. (e) The employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (iv) includes details of: (f) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) The employer or employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the employer and employee agree in writing — at any time. Part 3 - Types of Employment and Termination.

Individual Flexibility Arrangement. (a) 4.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if if: 1. the agreement deals with one 1 or more of the following matters: (ia) arrangements about when work is performed; (iib) overtime rates; (iiic) (penalty rates; (ivd) allowances; e) leave loading; and (v) leave loading; (b) The 2. the arrangement must meet meets the genuine needs of the employer and employee in relation to one 1 or more of the matters mentioned above.in paragraph (1); and (c) The 3. the arrangement must be is genuinely agreed to by the employer and employee. (d) 4.2 The employer must ensure that the terms of the individual flexibility arrangement: (i) 1. are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) 2. are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) 3. result in the employee being better off overall than the employee would be if no arrangement was made. (e) 4.3 The employer must ensure that the individual flexibility arrangement: (i) 1. is in writing; and (ii) 2. includes the name of the employer and employee; and (iii) 3. is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (iv) 4. includes details of: (fa) the terms of the enterprise agreement that will be varied by the arrangement; and b) how the arrangement will vary the effect of the terms; and 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 5. states the day on which the arrangement commences. 4.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 4.5 The employer or employee may terminate the individual flexibility arrangement: (i) 1. by giving no more than 28 days written notice to the other party to the arrangement; or (ii) 2. if the employer and employee agree in writing — at any time. Part 3 - Types of Employment and Termination.

Individual Flexibility Arrangement. (a) An employer 2.1.1 The Trust and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if Agreement if: (a) the agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) (penalty rates; (iv) allowances; and; (v) leave loading;; and (b) The the arrangement must meet meets the genuine needs of the employer Trust and employee in relation to one 1 or more of the matters mentioned above.in paragraph (a); and (c) The the arrangement must be is genuinely agreed to by the employer Trust and employee. (d) 2.1.2 The employer Trust must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iiic) result in the employee being better off overall than the employee would be if no arrangement was made. (e) 2.1.3 The employer Trust must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the employer Trust and employee; and (iiic) is signed by the employer Trust and employee and and, if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (ivd) includes details of: (fi) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 2.1.4 The employer Trust must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 2.1.5 The employer Trust or employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the employer Trust and employee agree in writing — at any time. Part 3 - Types of Employment and Termination.

Individual Flexibility Arrangement. (a) An employer 6.3.1 The Company and employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement agreement to vary the effect of terms of the agreement if Agreement if: (a) the agreement deals with one or more of the following matters: (i) arrangements about when work is performedpayment in lieu of notice; (ii) overtime ratespayment of salary; (iii) (penalty ratesworking on designated days off; (iv) allowances; andpayment of annual leave; (v) deferring payment of annual leave loading; (vi) single day annual leave; and (vii) minimum rest provisions. (b) The the arrangement must meet meets the genuine needs of the employer Company and employee in relation to one or more of the matters mentioned above.in clause 6.3.1(a) and (c) The the arrangement must be is genuinely agreed to by the employer Company and employee. (d) 6.3.2 The employer Company must ensure that the terms of in the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (iiic) result in the employee being better off overall than the employee would be if no arrangement was made. (e) 6.3.3 The employer Company must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the employer Company and employee; and (iiic) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (ivd) includes details of: (fi) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 6.3.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 6.3.5 The employer Company or employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the employer Company and employee agree in writing — – at any time. Part 3 - Types of Employment and Termination.

Individual Flexibility Arrangement. (a) 7.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if if: (a) the agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) (penalty rates; (iv) allowances; and; (v) leave loading;; and (b) The the arrangement must meet meets the genuine needs of the employer and employee in relation to one 1 or more of the matters mentioned above.in paragraph (a); and (c) The the arrangement must be is genuinely agreed to by the employer and employee. (d) 7.2 The employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iiic) result in the employee being better off overall than the employee would be if no arrangement was made. (e) 7.3 The employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the employer and employee; and (iiic) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (ivd) includes details of: (fi) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 7.5 The employer or employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the employer and employee agree in writing — – at any time. Part 3 - Types of Employment and Termination.

Individual Flexibility Arrangement. (a) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if if: (i) the agreement deals with one 1 or more of the following matters: (i) a. arrangements about when work is performed; (ii) b. overtime rates; (iii) (c. penalty rates; (iv) d. allowances; e. leave loading; and (vii) leave loading; (b) The the arrangement must meet meets the genuine needs of the employer and employee in relation to one 1 or more of the matters mentioned above.in 8.2 (a); and (ciii) The the arrangement must be is genuinely agreed to by the employer and employee. (db) The employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would be if no arrangement was made. (ec) The employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (iv) includes details of: a. the terms of the enterprise agreement that will be varied by the arrangement; and b. how the arrangement will vary the effect of the terms; and 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 (fv) states the day on which the arrangement commences. (d) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (ge) The employer or employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the employer and employee agree in writing — at any time. Part 3 - Types of Employment and Termination.

Individual Flexibility Arrangement. (a) 11.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the agreement if if: a) the agreement deals with one 1 or more of the following matters: (i) i. arrangements about when work is performed; (ii) . overtime rates; (iii) (. penalty rates; (iv) . allowances; v. leave loading; and (v) leave loading; (b) The the arrangement must meet meets the genuine needs of the employer and employee in relation to one 1 or more of the matters mentioned above.in paragraph (a); and (c) The the arrangement must be is genuinely agreed to by the employer and employee. (d) 11.2 The employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iiic) result in the employee being better off overall than the employee would be if no arrangement was made. (e) 11.3 The employer must ensure that the individual flexibility arrangement: (ia) is in writing; and (iib) includes the name of the employer and employee; and (iiic) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (ivd) includes details of: (fi. the terms of the enterprise agreement that will be varied by the arrangement; and ii. how the arrangement will vary the effect of the terms; and iii. how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and e) states the day on which the arrangement commences. 11.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (g) 11.5 The employer or employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if the employer and employee agree in writing — at any time. Part 3 - Types of Employment and Termination.