Individual Flexibility Arrangement. 1. An employee covered by this Agreement and the Company may agree to make an individual flexibility term to vary the effect of the terms in this agreement if: a. the agreement deals with one or more of the following matters: i. arrangements about when work is performed; ii. overtime rates; iii. penalty rates; iv. allowances; v. leave loading; and b. the arrangement meets the genuine needs of the Company and employee in relation to one or more of the matters mentioned in paragraph (a); and c. the arrangement is genuinely agreed to by the Company and employee. 2. The Company must ensure that the terms of the individual flexibility arrangement: a. are about permitted matters under section 172 of the Fair Work Act 2009 ; and b. are not unlawful terms under section 194 of the Fair Work Act 2009 ; and c. result in the employee being better off overall than the employee would be if no arrangement was made. 3. The Company must ensure that the individual flexibility arrangement: a. is in writing; and b. includes the name of the Company and employee; and c. is signed by the Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and d. includes details of: i. the terms of the enterprise agreement that will be varied by the arrangement; and ii. how the arrangement will vary the effect of the terms; and iii. how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and e. states the day on which the arrangement commences. 4. The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 5. The Company or employee may terminate the individual flexibility arrangement: a. by giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; or b. if the Company and employee agree in writing at any time.
Appears in 2 contracts
Samples: Service Stream Gas Industry Agreement, Service Stream Gas Industry Agreement
Individual Flexibility Arrangement. 1. An employee covered by this Agreement and 7.1 In order to meet their genuine needs, the Company and an employee may agree to make an individual flexibility term arrangement (IFA) to vary the effect of terms of the terms Agreement in this agreement if:
a. the agreement deals with relation to one or more of the following matters:
i. (1) arrangements about when work is performed;
ii. (2) overtime rates;
iii. (3) penalty rates;
iv. (4) allowances;
v. (5) leave loading; and
b. the arrangement meets the genuine needs of the Company and employee in relation to one or more of the matters mentioned in paragraph (a); and
c. the arrangement is genuinely agreed to by the Company and employee.
2. 7.2 The Company must ensure that the terms of the individual flexibility arrangementIFA:
a. (1) are about permitted matters under section 172 of the Fair Work Act 2009 FW Act; and
b. (2) are not unlawful terms under section 194 of the Fair Work Act 2009 FW Act; and
c. (3) result in the employee being better off overall than the employee would be if no arrangement was made.
3. 7.3 The Company must ensure that the individual flexibility arrangementIFA:
a. (1) is in writing; and
b. (2) includes the name of the Company and employee; and
c. (3) is signed by the Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. (4) includes details of:
i. (a) the terms of the enterprise agreement Agreement that will be varied by the arrangementIFA; and
ii. (b) how the arrangement IFA 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 his or her employment as a result of the arrangementIFA; and
e. (5) states the day on which the arrangement IFA commences.
4. 7.4 The Company must musts give the employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to.
5. 7.5 The Company or employee may terminate the individual flexibility arrangementIFA:
a. (1) by giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; IFA or
b. (2) if the Company and employee agree in writing – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangement. 1. 13.1 An employer and employee covered by this Agreement and the Company enterprise agreement may agree to make an individual flexibility term arrangement to vary the effect of terms of the terms in this agreement if:
a. the (i) The agreement deals with one (1) or more of the following matters:
i. arrangements : • Arrangements about when work is performed;performed • Start and finish times • Break times • Overtime rates • Allowances; or • Paid time off in lieu
(ii. overtime rates;
iii. penalty rates;
iv. allowances;
v. leave loading; and
b. the ) The arrangement meets the genuine needs of the Company employer and employee in relation to one (1) or more of the matters mentioned in paragraph (ai); and
c. the (iii) The arrangement is genuinely agreed to by the Company employer and employee.
2. 13.2 The Company employer must ensure that the terms of the individual flexibility arrangement:
a. (i) are about permitted matters under section 172 of the Fair Work Act 2009 FWAct; and
b. (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 FWAct; and
c. (iii) result in the employee being better off overall than the employee would be if no arrangement was made.
3. 13.3 The Company employer must ensure that the individual flexibility arrangement:
a. (i) is in writing; and
b. (ii) includes the name of the Company employer and employee; and
c. (iii) is signed by the Company employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. (iv) includes details of:
i. : • the terms of the enterprise agreement that will be varied by the arrangement; and
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 his or her employment as a result of the arrangement; and
e. (v) states the day on which the arrangement commences.
4. 13.4 The Company employer must give the employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to.
5. 13.5 The Company employer or employee may terminate the individual flexibility arrangement:
a. (i) by giving no less than 7 days and no more than 28 twenty-eight (28) days written notice to the other party to the arrangement; or
b. (ii) if the Company employer and employee agree in writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangement. 1. An (a) The Company and an employee covered by this Agreement and enterprise agreement may, upon the Company may receiving a written request from the employee, agree to make an individual flexibility term to vary the effect effects of the terms in this agreement of the Agreement if:
a. (i) the agreement deals with one or more of the following matters:item listed below;
i. (ii) arrangements about when work is performed;
ii. overtime rates;
(iii. penalty rates;
iv. allowances;
v. leave loading; and
b. ) the arrangement meets the genuine needs of the Company and employee in relation to one or more of the matters mentioned in paragraph (a)employee; and
c. (iv) the arrangement is genuinely agreed to by the Company and employee.
2. (b) The Company must ensure that the terms of the individual flexibility arrangement:
a. (i) are about permitted matters under section 172 of the Fair Work Act 2009 Act; and
b. (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 Act; and
c. (iii) result in the employee being better off overall than the employee would be if no arrangement was made.
3. (c) The Company must ensure that the individual flexibility arrangement:
a. (i) is in writing; and
b. (ii) includes the name of the Company and the employee; and
c. (iii) is signed by the Company and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. (iv) includes details of:
i. (A) the terms of the enterprise agreement 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 his or her employment as a result of the arrangement; and
e. states (D) the day on which the arrangement commences.
4. (d) The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5. (e) The Company or employee may terminate the individual flexibility arrangement:
a. (i) by giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; or
b. (ii) if the Company and employee agree in writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangement. 116.1. An AMSA and an employee covered by this Agreement and the Company agreement, may agree to make an individual flexibility term arrangement, to vary the effect of terms of the terms in this agreement if:
a. the agreement deals with one or more of the following matters:
i. i) arrangements about when work is performed;
ii. ) overtime rates;
iii. ) penalty rates;
iv. ) allowances;
v. v) remuneration;
vi) leave and leave loading; and
b. the arrangement meets the genuine needs of AMSA and the Company and employee in relation to one or more of the matters mentioned in paragraph (a)clause 16.1; and
c. the arrangement is genuinely agreed to by the Company AMSA and employee.
216.2. The Company AMSA must ensure that the terms of the individual flexibility arrangement:
a. are about permitted matters under section 172 of the Fair Work Act 2009 ; andAct;
b. are not unlawful terms under section 194 of the Fair Work Act 2009 Act; and
c. result in the employee being better off overall than the employee would be if no arrangement was made.
316.3. The Company AMSA must ensure that the individual flexibility arrangement:
a. is in writing; and;
b. includes the name of the Company AMSA and employee; and;
c. is signed by the Company AMSA and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. i) includes details of:
i. a) the terms of the 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 his or her their employment as a result of the arrangement; and
e. d) states the day on which the arrangement commences.
416.4. The Company AMSA must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
516.5. The Company AMSA or the employee may terminate the individual flexibility arrangement:
a. by giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; or
b. if the Company AMSA and employee agree in writing – at any time.
16.6. AMSA and the employee are to review the individual flexibility arrangement at least every 12 months.
Appears in 1 contract
Samples: Copyright Agreement
Individual Flexibility Arrangement. 1. An 6.1 The CEO and an employee covered by this Agreement and the Company agreement may agree to make an individual flexibility term arrangement (IFA) to vary the effect of the terms in of this agreement if:
a. the agreement arrangement deals with one or more of the following matters:
i. arrangements about when work is performed;
ii. overtime rates;
iii. penalty rates;
iv. allowances;
v. leave loadingremuneration; andor
vi. leave;
b. the arrangement meets the genuine needs of GA and the Company and employee in relation to one or more of the matters mentioned in paragraph (a); and
c. the arrangement is genuinely agreed to by the Company CEO and the employee.
2. 6.2 The Company CEO must ensure that the terms of the individual flexibility arrangement:
a. are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
b. are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
c. result in the employee being better off overall than the employee would be if no arrangement was made.
3. 6.3 The Company CEO must ensure that the individual flexibility arrangement:
a. is in writing; and
b. includes the name of the Company employer and employee; and
c. is signed by the Company CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. includes details of:
i. the terms of the enterprise agreement that will be varied by the arrangement; and
ii. how the arrangement will vary the effect of the terms; and
iii. how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and.
e. states the day on which the arrangement commencescommences and, where applicable, when the arrangement xxxxxx.
4. 6.4 The Company CEO must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5. 6.5 The Company CEO or the employee may terminate the individual flexibility arrangement:
a. by giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; or
b. if the Company CEO and the employee agree in writing – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangement. 19.1. An employee covered by Notwithstanding any other provision of this Agreement and Agreement, the Company and an Employee may agree to make an vary the application of certain terms of this Agreement to meet the genuine individual flexibility term needs of the Company and the individual Employee. The terms that the Company and the individual Employee may agree to vary the effect application of the terms in this agreement ifare those concerning:
a. the agreement deals with one or more of the following matters:
i. (a) arrangements about for when work is performed;
ii. (b) overtime rates;
iii. (c) penalty rates;
iv. (d) allowances;
v. leave loading; and
b. the arrangement meets the genuine needs of the (e) leave loading.
9.2. The Company and employee in relation to one the Employee must have genuinely made the agreement without coercion or more of the matters mentioned in paragraph (a); and
c. the arrangement is genuinely agreed to by the Company and employeeduress.
29.3. The Company must ensure that the terms of the any individual flexibility arrangementarrangement agreed to:
a. (a) are about permitted matters under section 172 of the Fair Work Act 2009 Act; and
b. (b) are not unlawful terms under section 194 of the Fair Work Act 2009 Act.
9.4. The agreement between the Company and the individual Employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 9.1; and
c. and result in the employee Employee being better off overall than the employee Employee would be have been if no arrangement was madeagreement had been entered into;
(b) not disadvantage the individual Employee in relation to the individual Employee’s terms and conditions of employment.
39.5. The Company must ensure that the individual flexibility arrangement:
a. is in writing; and
b. includes the name of agreement between the Company and employee; andthe individual Employee must also:
c. is (a) be in writing, name the parties to the agreement and be signed by the Company and employee and the individual Employee and, if the employee Employee is under 18 years of age, signed by a the Employee’s parent or guardian guardian;
(b) state each term of the employee; and
d. includes details of:
i. the terms of the enterprise this agreement that will be the Company and the individual Employee have agreed to vary;
(c) detail how the application of each agreement term has been varied by this flexibility agreement between the arrangement; andCompany and the individual Employee;
ii. (d) detail 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 his or her employment as a result of the arrangementagreement; and
e. states (e) state the day on which date the arrangement commencesagreement commences to operate.
49.6. The Company must will give the employee individual Employee a copy of the individual flexibility arrangement agreement within 14 days after it is agreed toof reaching agreement and keep the agreement as a time and wages record.
59.7. The agreement may be terminated:
(a) by the Company or employee may terminate the individual flexibility arrangement:
a. by Employee giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; or
b. if (b) at any time, by written agreement between the Company and employee agree the individual Employee.
9.8. The right to make an agreement pursuant to this clause is in writing at addition to, and is not intended to otherwise affect, any timeprovision for an agreement between the Company and an individual Employee contained in any other term of this agreement.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangement.
(1. ) An employer and employee covered by this Agreement and the Company enterprise agreement may agree to make an individual flexibility term arrangement to vary the effect of terms of the terms in this agreement if:
a. (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. ) allowances; To avoid doubt, penalty ratesrates are excluded and;
iv. allowances;
v. leave loading; and
b. (b) the arrangement meets the genuine needs of the Company employer and employee in relation to one 1 or more of the matters mentioned in paragraph (a); and
c. (c) the arrangement is genuinely agreed to by the Company employer and employee.
(2. ) The Company employer must ensure that the terms of the individual flexibility arrangement:
a. (a) are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
b. (b) are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
c. (c) result in the employee being better off overall than the employee would be if no arrangement was made.
(3. ) The Company employer must ensure that the individual flexibility arrangement:
a. (a) is in writing; and
b. (b) includes the name of the Company employer and employee; and
c. (c) is signed by the Company employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. (d) includes details of:
i. (i) the terms of the enterprise agreement that will be varied by the arrangement; and
(ii. ) how the arrangement will vary the effect of the terms; and
(iii. ) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. (e) states the day on which the arrangement commences.
(4. ) The Company employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(5. ) The Company employer or employee may terminate the individual flexibility arrangement:
a. (a) by giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; or
b. (b) if the Company employer and employee agree in writing — at any time.
(6) Where an individual flexibility arrangement is being entered into in accordance with this clause, the employee representative party to this agreement will be advised.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangement. 1. (a) An employee employer and Employee covered by this Agreement and the Company enterprise agreement may agree to make an individual flexibility term arrangement to vary the effect of the terms in of this agreement Agreement if:
a. the agreement i. this 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;
v. e. leave loading; and
b. ii. the arrangement meets the genuine needs of the Company employer and employee Employee in relation to one 1 or more of the matters mentioned in paragraph (a1); and
c. iii. the arrangement is genuinely agreed to by the Company employer and employee.
2. (b) The Company employer must ensure that the terms of the individual flexibility arrangement:
a. i. are about permitted matters under section 172 of the Fair Work Act 2009 2009; and
b. ii. are not unlawful terms under section 194 of the Fair Work Act 2009 2009; and
c. iii. result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made.
3. (c) The Company employer must ensure that the individual flexibility arrangement:
a. i. is in writing; and
b. ii. includes the name of the Company employer and employee; and
c. iii. is signed by the Company employer and employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. iv. includes details of:
i. a. the terms of the 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 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. v. states the day on which the arrangement commences.
4. (d) The Company employer must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5. (e) The Company employer or employee Employee may terminate the individual flexibility arrangement:
a. i. by giving no less than 7 days and no more than 28 days written notice to the other party to the arrangement; or
b. ii. if the Company employer and employee Employee agree in writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement