Individual Flexibility Arrangement. 5.1 An Employer and Principal 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 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) allowances; (iv) leave loading; and (b) the arrangement meets the genuine needs of the Employer and Principal in relation to one or more of the matters mentioned in paragraph 5.1(a); and (c) the arrangement is genuinely agreed to by the Employer and Principal. 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 Principal being better off overall than the Principal would be if no arrangement was made. 5.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and Principal; and (c) is signed by the Employer and Principal and if the Principal is under 18 years of age, signed by a parent or guardian of the Principal; and (d) includes details of: (i) the terms of 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 Principal will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (iv) states the day on which the arrangement commences. 5.4 The Employer must give the Principal a copy of the individual flexibility arrangement within 14 days after it is agreed to. 5.5 The Employer or Principal may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Principal agree in writing - at any time.
Appears in 3 contracts
Samples: Enterprise Agreement, Employment Agreement, Enterprise Agreement
Individual Flexibility Arrangement. 5.1
5.1. An Employer and Principal 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 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime ratesallowances;
(iii) allowances;
(iv) leave loading; and
(b) the arrangement meets the genuine needs of the Employer and Principal in relation to one or more of the matters mentioned in paragraph 5.1(a); and
(c) the arrangement is genuinely agreed to by the Employer and Principal.
5.2 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 Principal being better off overall than the Principal would be if no arrangement was made.
5.3 5.3. The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Principal; and
(c) is signed by the Employer and Principal and if the Principal is under 18 years of age, signed by a parent or guardian of the Principal; and
(d) includes details of:
(i) the terms of 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 Principal will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
(iv) states the day on which the arrangement commences.
5.4 5.4. The Employer must give the Principal a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5.5 5.5. The Employer or Principal may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the Employer and Principal agree in writing - at any time.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Individual Flexibility Arrangement. 5.1 a) An Employer employer and Principal employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if:
(ai) the arrangement agreement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed;: start and/or finish times where requested by an employee and mutually agreed with the employee’s immediate supervisor the taking of accumulated rostered days off
(ii) overtime rates;
(iii) allowances;
(iv) leave loading; and
(b) the arrangement meets the genuine needs of the Employer employer and Principal employee in relation to one (1) or more of the matters mentioned in paragraph 5.1(a(a); and
(ciii) the arrangement is genuinely agreed to by the Employer employer and Principalemployee.
5.2 b) The Employer employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and
(bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and
(ciii) result in the Principal employee being better off overall than the Principal employee would be if no arrangement was made.
5.3 c) The Employer employer must ensure that the individual flexibility arrangement:
(ai) is in writing; and
(bii) includes the name of the Employer employer and Principalemployee; and
(ciii) is signed by the Employer employer and Principal employee and if the Principal employee is under 18 years of age, signed by a parent or guardian of the Principalemployee; and
(div) includes details of:
(i) : the terms of this 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 Principal 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
(ivv) states the day on which the arrangement commences.
5.4 d) The Employer employer must give the Principal employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5.5 e) The Employer employer or Principal 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
(bii) if the Employer employer and Principal employee agree in writing - — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangement. 5.1 An Employer a) The Company and Principal Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(ai) the arrangement Agreement deals with one (1) or more of the following matters:
(i) : • arrangements about when work is performed;
(ii) ; • hours of work; • overtime rates;
(iii) ; • penalty rates; • allowances;
(iv) ; • leave loading; , and
(bii) the arrangement meets the genuine needs of the Employer Company and Principal Employee in relation to one one
(1) or more of the matters mentioned in paragraph 5.1(a)clause 7 a; and
(ciii) the arrangement is genuinely agreed to by the Employer Company and PrincipalEmployee.
5.2 b) The Employer Company must ensure that the terms of the individual flexibility arrangement:
(a) : • are about permitted matters under section 172 of the Act; and
(b) and • are not unlawful terms under section 194 of the Act; and
(c) and • result in the Principal Employee being better off overall than the Principal Employee would be if no arrangement was made.
5.3 c) The Employer Company must ensure that the individual flexibility arrangement:
(a) : • is in writing; and
(b) and • includes the name of the Employer Company and PrincipalEmployee; and
(c) and • is signed by the Employer Company and Principal Employee and if the Principal Employee is under 18 years of age, signed by a parent or guardian of the PrincipalEmployee; and
(d) and • includes details of:
(i) : • the terms of this the 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 Principal 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
(iv) and • states the day on which the arrangement commences.
5.4 d) The Employer Company must give the Principal Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5.5 e) The Employer Company or Principal 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
(b) or • if the Employer Company and Principal 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: Employment Agreement
Individual Flexibility Arrangement. 5.1 An 2.4.1 The Employer and Principal covered by this Agreement an Employee may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) : the arrangement Agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) allowancespenalty rates;
(iv) allowances;
(v) leave loading; and
(b) and the arrangement meets the genuine needs of the Employer and Principal Employee in relation to one or more of the matters mentioned in paragraph 5.1(aclause 2.4.1 (a); and
(c) and the arrangement is genuinely agreed to by the Employer and PrincipalEmployee.
5.2 2.4.2 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) and are not unlawful terms under section 194 of the Act; and
(c) and result in the Principal Employee being better off overall than the Principal Employee would be if no arrangement was made.
5.3 2.4.3 The Employer must ensure that the individual flexibility arrangement:
(a) : is in writing; and
(b) and includes the name of the Employer and PrincipalEmployee; and
(c) and is signed by the Employer and Principal Employee and if the Principal Employee is under 18 years of age, signed by a parent or guardian of the PrincipalEmployee; and
(d) and includes details of:
(i) the terms of this 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 Principal 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
(iv) and states the day on which the arrangement commences.
5.4 2.4.4 The Employer must give the Principal Employee a copy of the individual flexibility arrangement within 14 days after it is agreed toagreed.
5.5 2.4.5 The Employer or Principal 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
(b) or if the Employer and Principal Employee agree in writing - writing, at any time.time.
Appears in 1 contract
Samples: Queensland Health Professionals Enterprise Agreement
Individual Flexibility Arrangement. 5.1 28.1 An Employer employer and Principal 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) the arrangement The Agreement deals with one or more of the following matters:
(i) arrangements about for when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(ivv) leave loading; and
(b) the arrangement meets the genuine needs of the Employer employer and Principal employee in relation to one 1 or more of the matters mentioned in paragraph 5.1(a(a); and
(c) the arrangement is genuinely agreed to by the Employer employer and Principalemployee.
5.2 28.2 The Employer employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the ActFair Work Xxx 0000; and
(b) are not unlawful terms under section 194 of the ActFair Work Xxx 0000; and
(c) result in the Principal employee being better off overall than the Principal employee would be if no arrangement was made.
5.3 28.3 The Employer employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer employer and Principalemployee; and
(c) is signed by the Employer employer and Principal employee and if the Principal employee is under 18 years of age, signed by a parent or guardian of the Principalemployee; and
(d) includes details of:
(i) the terms of this 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 Principal 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
(ive) states the day on which the arrangement commences.
5.4 28.4 The Employer employer must give the Principal employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5.5 28.5 The Employer employer or Principal 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
(b) if the Employer employer and Principal employee agree in writing - – at any time.
Appears in 1 contract
Samples: Victorian Early Childhood Teachers and Assistants Agreement 2009