Individual Flexibility Arrangements. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal.
38.2 The Employer and an Employee covered by this Agreement may agree to make an IFA to vary the effect of terms of the Agreement if:
(a) it deals with one or more of the following matters:
(i) Time between which ordinary hours are worked;
(ii) Salary sacrifice Agreements;
(iii) Reduction in ordinary hours;
(iv) Increase in annual leave accrual each year;
(v) Increase in rate of accrual of Rostered days off;
(vi) Increase in wages;
(vii) Increase in training leave (Union or otherwise);
(b) The IFA meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a) above; and
(c) The IFA is genuinely agreed to by the Employer and the Employee.
38.3 The Employer must ensure that the terms of the IFA:
(a) are about permitted matters under section 172 of the FW Act; and
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no IFA was made.
38.4 The Employer must also ensure that any such IFA is:
(a) in writing (including details of the terms that will be varied, how the IFA will vary the effect of the Enterprise Agreement terms, 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 IFA, and the day on which the IFA commences);
(b) includes the name of the Employer and Employee;
(c) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee; and
(d) provided to the Employee within 14 days after it is agreed to.
38.5 The Employer or Employee may terminate the IFA by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing.
38.6 Where any of the requirements of ss 202 and 203 of the FW Act are not met, the IFA is of no effect.
Individual Flexibility Arrangements. 45.1 The Company and 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 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 employer and Employee in relation to one or more of the matters mentioned in 43.1 (a).
(c) The arrangement is genuinely agreed to by the Company and Employee.
45.2 The Company must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act;
(b) are not unlawful terms under section 194 of the Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
45.3 The Company must ensure that the individual flexibility arrangement:
(a) is in writing;
(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;
(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 their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
45.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
45.5 The Company or 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 Company and Employee agree in writing, at any time.
Individual Flexibility Arrangements. The employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement:
Individual Flexibility Arrangements. 8.1 An Employee and the Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer.
8.2 An individual flexibility arrangement may vary the effect of clause 34 (Hours of Work) and clause 35 (Shift Work).
8.3 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement.
8.4 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
8.5 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.
8.6 The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to.
8.7 The Employer must ensure that any individual flexibility arrangement sets out:
(a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement;
(b) how the individual flexibility arrangement will vary or affect the terms of this Agreement;
(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 individual flexibility arrangement;
(d) the day on which the individual flexibility arrangement commences; and
(e) provides for the individual flexibility arrangement to be terminated:
(i) by either the Employee or Employer giving a specific period of written notice, with the specified period being not more than 28 days; and
(ii) at any time by written agreement between the Employee and Employer.
Individual Flexibility Arrangements. 19.1 The Secretary and 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 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) remuneration; and/or
(vi) leave; and
(b) the arrangement meets the genuine needs of the department 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 Secretary and employee.
19.2 The Secretary 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.
19.3 The Secretary must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the Secretary and employee and, if the employee is under 18 years of age, a parent or guardian of the employee; and
(d) includes details of:
(i) 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 and, where applicable, when the arrangement ceases.
19.4 The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
19.5 The Secretary or 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 Secretary and employee agree in writing, at any time.
Individual Flexibility Arrangements. 16.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement:
(a) deals with one or more of the following matters of this Agreement:
(i) arrangements about when work is performed;
(ii) meal breaks;
(iii) restriction duty;
(iv) overtime rates;
(v) recreation leave loading;
(vi) penalties; or
(vii) allowances.
(b) meets the genuine needs of the employer and the employee; and
(c) is genuinely agreed to by the CEO and the employee.
16.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about matters that would be permitted matters if the arrangement were an enterprise agreement;
(b) do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and
(c) results in the employee being better off overall than the employee would have been if no flexibility arrangement were agreed to.
16.3 The CEO must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee;
(c) includes details of:
(i) the terms of the agreement that will be varied by the arrangement;
(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 their employment as a result of the arrangement; and
(d) the period of operation of the arrangement.
16.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination or other appropriate instrument and the CEO must give the employee a copy of the determination or other appropriate instrument within 14 days of the Commissioner’s approval.
16.5 The CEO or employee may terminate the individual flexibility arrangement:
(a) by giving written notice of not more than 28 days to the other party to the arrangement; or
(b) if the CEO and the employee agree in writing – at any time.
16.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangement.
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope and an individual 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 agreement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or
(iii) penalty rates; or
(iv) allowances; or
(v) annual leave loading; and
(b) the arrangement meets the genuine needs of Healthscope and the relevant employee in relation to one (1) or more of the matters mentioned in this clause 9.1(a); and
(c) the arrangement is genuinely agreed to by Healthscope and the relevant employee, without coercion or duress.
9.2 Healthscope must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s 172 of the Act, as amended or replaced from time to time;
(b) are not unlawful terms under s 194 of the Act, as amended or replaced from time to time; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the employer and employee
(c) is signed by Healthscope and the employee and if the employee is under eighteen (18) years of age, signed by a parent or guardian of the employee;
(d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement;
(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.
Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters:
a) arrangements about when work is performed;
b) overtime rates;
c) penalty rates;
d) allowances; and
e) leave loading.
11.2 The Company must ensure that the terms of the IFA:
a) are about permitted matters under s.172 of the FW Act;
b) are not unlawful terms under s.194 of the FW Act; and
c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3 The Company must ensure that the IFA:
a) is in writing;
b) includes the name of the Company and the Employee;
c) is signed by the Company and the Employee; and
d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee;
e) includes details of:
i. the terms of this Agreement that will be varied by the IFA;
ii. how the IFA will vary the effect of the terms;
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 IFA; and
iv. states the day on which the IFA commences.
11.4 The Company must give the Employee a copy of the IFA within 14 days after it is agreed to.
11.5 The Company or Employee may terminate the IFA:
a) by giving no more than 28 days written notice to the other party to the IFA; or
b) at any time if the Company and Employee agree in writing.
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items:
37.1 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basis:
a) the arrangement 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;
v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);
b) the arrangement meets the genuine needs of the University and staff member in relation to the matters mentioned in subclause 37.1 a); and
c) the arrangement is genuinely agreed to by the University and staff member.
37.2 The University 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 staff member being better off overall than the staff member would be if no arrangement was made.
37.3 The University must ensure that the individual flexibility arrangement:
a) is in writing; and
b) includes the name of the University and staff member; and
c) is signed by the University and staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; 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 staff member will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement;
e) states the day on which the arrangement commences; and
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 The University must give the staff member a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed.
37.5 The University or staff member may terminate the individual flexibility arrangement:
a) by giving no more than twenty eight (28) days written notice to the other party to the arrangement; or
b) if the Un...
Individual Flexibility Arrangements. 15.1 A Doctor and the Health Service may enter into an individual flexibility arrangement under this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor and the Health Service. An individual flexibility arrangement must:
(a) be genuinely agreed to by the Doctor and Health Service; and
(b) not contravene any law.
15.2 An individual flexibility arrangement must be about arrangements for when hours are worked.
15.3 A Doctor may nominate a representative to assist in negotiations for an individual flexibility arrangement.
15.4 The Health Service must ensure that any individual flexibility arrangement will result in the Doctor being better off overall than the Doctor would have been if no individual flexibility arrangement was made.
15.5 The Health Service must ensure that an individual flexibility arrangement is in writing and signed by the Doctor and Health Service (and, if the Doctor is under 18 years of age, by the Doctor’s parent or guardian), and that it is not required to be approved or consented to by any other person.
15.6 The Health Service must give a copy of the individual flexibility arrangement to the Doctor within 14 days after it is agreed.
15.7 The Health Service must ensure that any individual flexibility arrangement sets out:
(a) the terms of this Agreement that will be varied by the arrangement;
(b) how the arrangement will vary the effect of the terms;
(c) how the Doctor 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.
15.8 The Health Service 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 Doctor or Health Service 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 Doctor and Health Service.
15.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor is performing a specified role (such as acting in a specified higher
