Common use of Individual Flexibility Arrangement Clause in Contracts

Individual Flexibility Arrangement. 14.1 Notwithstanding any other provision of this enterprise agreement, the employer and an individual employee may agree to vary the application of certain terms of this enterprise agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: 14.1.1 When leave loading is payable. 14.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 14.3 The agreement between the employer and the individual employee must: 14.3.1 Be confined to a variation in the application of one or more of the terms listed in clause 14.1.1; and 14.3.2 Result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 14.4 The agreement between the employer and the individual employee must also: 14.4.1 Be in writing in a form agreed between the employer and the union, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; 14.4.2 State each term of this enterprise agreement that the employer and the individual employee have agreed to vary; 14.4.3 Detail how the application of each term has been varied by agreement between the employer and the individual employee; 14.4.4 Detail the monetary value of each term that has been varied by agreement between the employer and the individual employee;