Common use of Individual Flexibility Arrangements Clause in Contracts

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. 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 7.1 An Employer and an Employee covered by this the Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) it the agreement deals with one 1 or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsovertime rates; (iii) Reduction in ordinary hourspenalty rates; (iv) Increase in annual leave accrual each yearallowances; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);loading; and (b) The IFA the arrangement meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one 1 or more of the matters mentioned in paragraph (a) aboveclause 7.1(a); and (c) The IFA the arrangement is genuinely agreed to by the Employer and the Employee. 38.3 7.2 The Employer must ensure that the terms of the IFAindividual 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 IFA arrangement was made. 38.4 7.3 The Employer must also ensure that any such IFA isthe individual flexibility arrangement: (a) is in writing writing; and (including details b) includes the name of the Employer and Employee; and (c) 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 (d) includes details of: (i) the terms of the Agreement that will be varied, varied by the arrangement; and (ii) how the IFA arrangement will vary the effect of the Enterprise Agreement 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 IFA, and arrangement; and (e) states the day on which the IFA arrangement commences);. (b) includes 7.4 The Employer must give the name Employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 7.5 The Employer or Employee may terminate the IFA individual flexibility arrangement: (a) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing—at any time by both parties agreeing in writingtime. 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. 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 mattersmatters : (i) Time between which ordinary hours are worked; (ii) Salary sacrifice Agreementsagreements; (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.; and 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. 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 24.1 The Employer Company and an Employee employee covered by this Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) it The agreement deals with one or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsthe arrangement of ordinary hours; (iii) Reduction in ordinary hoursovertime rates; (iv) Increase in annual leave accrual each yearpenalty rates; (v) Increase in rate of accrual of Rostered days offallowances; (vi) Increase in wages;leave loading; and (viiii) Increase in training leave (Union or otherwise); (b) The IFA the arrangement meets the genuine needs of the Employer Company and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a) above; and (ciii) The IFA the arrangement is genuinely agreed to by the Employer Company and the Employee. 38.3 24.2 The Employer Company must ensure that the terms of the IFAindividual flexibility arrangement: (ai) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (ciii) result in the Employee being better off overall than the Employee would be if no IFA arrangement was made. 38.4 24.3 The Employer Company must also ensure that any such IFA isthe individual flexibility arrangement: (ai) is in writing writing; and (including details ii) includes the name of the Company and Employee; and (iii) 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 (iv) includes details of: (i) the terms of the Agreement that will be varied, varied by the arrangement; and (ii) how the IFA arrangement will vary the effect of the Enterprise Agreement 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 IFA, and arrangement; and (iv) states the day on which the IFA arrangement commences);. (b) includes 24.4 The Company must give the name Employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 24.5 The Employer Company or Employee may terminate the IFA individual flexibility arrangement: (i) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the arrangement; or (ii) if the Company and Employee agree in writing – at any time by both parties agreeing in writingtime. 38.6 Where any (i) An employee may request a review of their classification. (ii) The review will be conducted by a panel consisting of two representatives of management, the employee, and a support person or representative of the requirements of ss 202 and 203 of employee’s choice. (iii) Where the FW Act are panel cannot metagree on a decision, the IFA is of no effectmatter can be addressed through the dispute resolution procedure in this Agreement.

Individual Flexibility Arrangements. 38.1 Where 46.1 Despite anything else in this Agreement, the Employer wants employer and an individual employee may agree to enter into a vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer: (a) arrangements for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 46.2 An agreement must be one that is genuinely made by the employer and the individual flexibility arrangement employee without coercion or duress. 46.3 An agreement may only be made after the individual employee has commenced employment with the employer. 46.4 An employer who wishes to initiate the making of an agreement must: (IFAa) it must provide give the employee a written proposal to proposal; and (b) if the Employee. Where employer is aware that the Employee’s employee has, or reasonably should be aware that the employee may have, limited understanding of written English is limitedEnglish, the Employer must take measures, reasonable steps (including providing a translation into in an appropriate language, ) to ensure that the Employee employee understands the proposal. 38.2 The Employer and an Employee covered by this Agreement may agree to make an IFA to vary 46.5 An agreement must result in the effect of terms employee being better off overall at the time the agreement is made than if the agreement had not been made. 46.6 An agreement must do all of the Agreement iffollowing: (a) it deals with one or more state the names 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);employer and the employee; and (b) The IFA meets identify the genuine needs Agreement term, or Agreement terms, the application of the Employer and the Employee covered by this Agreement in relation which is to one or more of the matters mentioned in paragraph (a) abovebe varied; and (c) The IFA set out how the application of the Agreement term, or each Agreement term, is genuinely agreed varied; and (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and (e) state the date the agreement is to by the Employer and the Employeestart. 38.3 The Employer 46.7 An agreement must ensure that the terms of the IFAbe: (a) are about permitted matters under section 172 of the FW Actin writing; and (b) are signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. 46.8 Except as provided in clause 46.7(b), an agreement must not unlawful terms under section 194 require the approval or consent of the FW Act; and (c) result in the Employee being better off overall a person other than the Employee would be if no IFA was madeemployer and the employee. 38.4 46.9 The Employer employer must also ensure that keep the agreement as a time and wages record and give a copy to the employee. 46.10 The employer and the employee must genuinely agree, without duress or coercion to any such IFA isvariation of an award provided for by an agreement. 46.11 An agreement may be terminated: (a) in writing (including details of at any time, by written agreement between 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, employer and the day on which the IFA commences);employee; or (b) includes the name of the Employer and Employee; (c) signed by the Employer employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013). Note: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this Agreement and the Employee, and if arrangement does not meet a requirement set out in s.144 then the Employee is under 18, by a parent employee 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 employer may terminate the IFA arrangement by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writingdays (see s.145 of the Act). 38.6 Where any 46.12 An agreement terminated as mentioned in clause 46.11(b) ceases to have effect at the end of the requirements period of ss 202 notice required under that clause. 46.13 The right to make an agreement under clause 46 is additional to, and 203 does not affect, any other term of the FW Act are not met, the IFA is of no effectthis award that provides for an agreement between an employer and an individual employee.

Individual Flexibility Arrangements. 38.1 Where the Employer wants 8.1 An Employee covered by this Agreement may request Trident to enter into a agree to make an 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 certain terms of the this Agreement if: (a) it the IFA deals with one or more of the following matters: (i) Time between which ordinary Part-time employees working less than 50 hours are workedper fortnight in accordance with Clause 12.4(d); (ii) Salary Voluntary contributions or salary sacrifice Agreementsinto superannuation fund in accordance with Clause 22; (iii) Reduction Shift duration in ordinary hoursaccordance with Clause 24.2; (iv) Increase Minimum ten hour break in annual leave accrual each yearaccordance with Clause 24.3; (v) Increase Broken shifts in rate of accrual of Rostered days offaccordance with Clause 24.7; (vi) Increase Less than seven days advance notice of roster in wagesaccordance with Clause 24.1 O; (vii) Increase Alternative aggregated rates in training leave (Union or otherwise);accordance with SCHEDULE C. (b) The the IFA meets the genuine needs of the Employer Trident and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a). 8.2 Trident and the Employee must have genuinely made the IFA without coercion or duress. 8.3 The IFA between Trident and the Employee must: (a) abovebe confined to a variation in the effect of one or more of the terms listed in Clause 8.1; and (cb) The IFA is genuinely agreed to by the Employer and the Employeenot be made a condition of engagement. 38.3 The Employer 8.4 Trident must ensure that the terms of the IFA: (a) are is about matters that would be permitted matters under section 172 of the FW Act; and, if the IFA were an enterprise agreement. (b) are does not include a term that would be an unlawful terms term under section 194 of the FW Act; and, if the IFA were an enterprise agreement. (c) result results in the Employee being better off overall than the Employee would be have been if no IFA was madewere agreed to. 38.4 The Employer (d) must also ensure that be able to be terminated by either the Employee or Trident giving not more than 28 days written notice, or at any such IFA is:time by written agreement between Trident and Employee. (ae) is 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 Employee and the EmployeeEmployer, and if the Employee is under 18, by a parent or guardian of the Employee; and. (df) provided is copied and given to the Employee within as soon as practicable, but no later than 14 days after it is agreed to. 38.5 (g) is retained by Trident as part of a time and wages record. 8.5 The Employer or IFA between Trident and the Employee may terminate must also: (a) state each term of this Agreement that Trident and the Employee have agreed to vary the effect of; (b) detail how the application of each term has been varied; (c) detail how the IFA by either results in the Employer or Employee giving written notice being better off overall in relation to the Employee's terms and conditions of not more than 28 days, or at any time by both parties agreeing in writing.employment; 38.6 Where any of (d) state the requirements of ss 202 and 203 of the FW Act are not met, date the IFA is of no effectcommences to operate; and (e) be recorded on the standard template provided as Appendix 1 to this Agreement.

Individual Flexibility Arrangements. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) variation agreement 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 must ensure that any variation agreement is genuinely agreed to by the Employer and an the Employee covered by this Agreement may agree to make an IFA to vary and that the effect of terms of the Agreement ifvariation agreement: (a) it deals with one or more are about permitted matters under section 172 of the following mattersFW Act; and (b) Relates only to: (i) Time between which ordinary hours are worked; (ii) Salary sacrifice Agreementsagreements; (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 (cd) result in the Employee being better off overall than the Employee would be if no IFA arrangement (variation agreement) was made. 38.4 . The Employer must also ensure that any such IFA variation agreement is: (a) in writing (including details of the terms that will be varied, how the IFA variation agreement 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 IFAarrangement, and the day on which the IFA arrangement 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.; and 38.5 The Employer or Employee may terminate the IFA (e) able to be terminated 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 this clause 37 are not met, the IFA variation agreement is of no effect.

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 9.1 UGL and an Employee covered by this Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) it the Agreement deals with one or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsovertime rates; (iii) Reduction in ordinary hourspenalty rates; (iv) Increase in annual leave accrual each yearallowances; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise)loading; (b) The IFA the arrangement meets the genuine needs of the Employer UGL and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a) abovesubclause 9.1(a); and (c) The IFA the arrangement is genuinely agreed to by the Employer employer and the Employee. 38.3 The Employer 9.2 UGL must ensure that the terms of the IFAindividual flexibility arrangement: (a) are about permitted matters under section s 172 of the FW Act; and (b) are not unlawful terms under section s 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no IFA arrangement was made. 38.4 The Employer 9.3 UGL must also ensure that any such IFA isthe individual flexibility arrangement: (a) is in writing writing; and (including details b) includes the name of UGL’s employing entity and the Employee; and (c) is signed by UGL 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 Agreement that will be varied, varied by the arrangement; and (ii) how the IFA arrangement will vary the effect of the Enterprise Agreement 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 IFA, and arrangement; and (iv) states the day on which the IFA arrangement commences);. (b) includes 9.4 UGL must give the name Employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 The Employer 9.5 UGL or the Employee may terminate the IFA individual flexibility arrangement: (a) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the arrangement; or (b) if UGL and the Employee agree in writing – at any time by both parties agreeing in writingtime. 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. 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 7.1 An Employer and an Employee covered by this Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of the terms of the this Agreement if: (a) it the arrangement 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 : arrangements for when work is performed; overtime rates; penalty rates; allowances; 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);loading; and (b) The IFA the arrangement 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) aboveclause 7.1(a); and (c) The IFA is genuinely agreed to by the Employer and the EmployeeEmployee must genuinely agree, without duress or coercion to any variation of the Agreement provided for by an arrangement. 38.3 The 7.2 An arrangement may only be made after the individual Employee has commenced employment with the Employer. 7.3 An Employer must ensure that who wishes to initiate the terms making of the IFAan arrangement must: (a) are about permitted matters under section 172 of give the FW ActEmployee a written proposal; and (b) are not unlawful terms under section 194 if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the FW Act; andEmployee understands the proposal. (c) 7.4 An arrangement must result in the Employee being better off overall at the time the arrangement is made than if the Employee would be if no IFA was arrangement had not been made. 38.4 The 7.5 An arrangement must do all of the following: (a) state the names of the Employer and the Employee; (b) identify the Agreement term or terms, the application of which is to be varied; (c) set out how the application of the Agreement term or terms, is or are varied; (d) set out how the arrangement results in the Employee being better off overall at the time the arrangement is made than if the arrangement had not been made; and (e) state the date the arrangement is to start. 7.6 An arrangement must also ensure that any such IFA isbe: (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);writing; and (b) includes the name of the Employer and Employee; (c) signed by the Employer and the EmployeeEmployee and, and if the Employee is under 1818 years of age, by a the Employee’s parent or guardian guardian. 7.7 Except as provided in clause 7.6(b), an arrangement must not require the approval or consent of a person other than the Employer and the Employee. 7.8 The Employer must keep the arrangement as a time and wages record and give a copy to the Employee. 7.9 An arrangement may be terminated: (a) at any time, by written agreement between the Employer and the Employee; andor (db) 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 13 weeks’ written notice of not more than 28 days, or at any time by both parties agreeing in writingto the other party. 38.6 Where any 7.10 An arrangement terminated under clause 7.9(b) ceases to have effect at the end of the requirements period of ss 202 notice required under that clause. 7.11 The right to make an arrangement under clause 7 is additional to, and 203 does not affect, any other term of the FW Act are not met, the IFA is of no effectthis Agreement that provides for an arrangement between an Employer and an Employee.

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 6.1 The Employer CEO and an Employee employee covered by this the Agreement may agree to make an IFA Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if: (a) it The IFA deals with one or more of the following matters: (i) Time between which ordinary hours are workedi. Arrangements about when work is performed; (ii) Salary sacrifice Agreements. Overtime rates; (iii) Reduction in ordinary hours. Penalty rates; (iv) Increase in annual leave accrual each year. Allowances; (v) Increase in rate of accrual of Rostered days offv. Remuneration; (vi) Increase in wages;. Leave; and/or (vii) Increase in training leave (Union or otherwise);. Cashing out of annual leave; and (b) The IFA meets the genuine needs of the Employer CEO and the Employee covered by this Agreement employee 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 CEO and the Employeeemployee. 38.3 6.2 The Employer CEO must ensure that the terms of the IFA: (a) are Are about permitted matters under section 172 of the FW Act; and (b) are Are not unlawful terms under section 194 of the FW Act; and (c) result Result in the Employee employee being better off overall than the Employee employee would be if no IFA arrangement was made. 38.4 6.3 The Employer CEO must also ensure that any such IFA isthe IFA: (a) Is in writing writing; and (including details b) Includes the name of the employer and employee; and (c) Is signed by the CEO 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 Agreement that will be varied, how varied by the arrangement; and ii. How the IFA will vary the effect of the Enterprise Agreement terms, how ; 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 IFA, and ; and (e) States the day on which the IFA commences);commences and, where applicable, when the arrangement xxxxxx. (b) includes 6.4 The CEO must give the name employee a copy 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 IFA within 14 days after it is agreed to. 38.5 6.5 The Employer CEO or Employee employee may terminate the IFA by either the Employer or Employee IFA: (a) By giving written notice of not no more than 28 days, or days written notice to the other party to the IFA; or (b) If the CEO and employee agree in writing at any time by both parties agreeing in writingtime. 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. 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 Company and an Employee covered by this Agreement may agree to make an IFA individual flexibility arrangement to vary the effect effects of terms of the Agreement if: (a) it The Agreement 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 : • arrangements for when work is performed; or • overtime rates; or • penalty rates; or • allowances; or • annual leave accrual each year;loading (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 arrangement meets the genuine needs of the Employer Company and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph Paragraph (a) above; andand the arrangement is genuinely agreed by the Company and Employee. (c) The IFA is genuinely agreed to by the Employer and the Employee. 38.3 The Employer Company must ensure that the terms of the IFA: (a) are individual flexibility arrangement; • Are about permitted matters under section 172 of the FW Act; and (b) are and • Are not unlawful terms under section 194 of the FW Act; and (c) result and • Result in the Employee being better off overall Better Off Overall than the Employee would be if no IFA arrangement was made. 38.4 d) The Employer Company must also ensure that any such IFA is: (a) the individual flexibility arrangement; • Is in writing (including details writing; and • Includes the name of the Company and the Employee; and • 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 e) Includes details of; • The terms of the Enterprise Agreement that will be varied, how varied by the IFA Agreement; and • How the arrangement will vary the effect of the Enterprise Agreement terms, how ; and • How the Employee will be better off overall Better Off Overall in relation to the terms and conditions of his or her employment as a result of the IFA, arrangement; and • States the day on which the IFA arrangement commences);. (bf) includes The Company must give the name Employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 g) The Employer Company or Employee may terminate the IFA individual flexibility arrangement by either the Employer or Employee giving 28 days written notice of not more than 28 days, or to the other party to the arrangement; or h) If the Company and Employee agree in writing at any time by both parties agreeing in writingtime. 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. 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 10.1 The Employer and an Employee covered by this Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) it the agreement deals with one or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsovertime rates; (iii) Reduction in ordinary hourspenalty rates; (iv) Increase in annual leave accrual each yearallowances; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);loading; and (b) The IFA the arrangement meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one 1 or more of the matters mentioned in paragraph (a) above); and (c) The IFA the arrangement is genuinely agreed to by the Employer and the EmployeeEmployee without coercion or duress. 38.3 10.2 The Employer must ensure that the terms of the IFAindividual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Fair Work Act; and (b) are not unlawful terms under section 194 of the FW Fair Work Act; and (c) result in the Employee being better off overall than the Employee would be if no IFA arrangement was made. 38.4 10.3 The Employer must also ensure that any such IFA isthe individual flexibility arrangement: (a) is in writing writing; and (including details b) includes the name of the Employer and Employee; and (c) 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 (d) includes details of: (i) the terms of the Agreement that will be varied, varied by the arrangement; and (ii) how the IFA arrangement will vary the effect of the Enterprise Agreement 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 IFA, and arrangement; and (e) states the day on which the IFA arrangement commences);. (b) includes 10.4 The Employer must give the name Employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 10.5 The Employer or Employee may terminate the IFA individual flexibility arrangement: (a) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing—at any time by both parties agreeing in writingtime. 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. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFAi) 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 An Employer and an Employee covered by this Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) it the agreement deals with one 1 or more of the following matters: (i1) Time between which ordinary hours are workedarrangements about when work is performed; (ii2) Salary sacrifice Agreementsovertime rates; (iii3) Reduction in ordinary hourspenalty rates; (iv4) Increase in annual leave accrual each yearallowances; (v5) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);loading; and (b) The IFA the arrangement 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 the arrangement is genuinely agreed to by the Employer and the Employee. 38.3 (ii) The Employer must ensure that the terms of the IFAindividual 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 IFA arrangement was made. 38.4 (iii) The Employer must also ensure that any such IFA isthe individual flexibility arrangement: (a) is in writing writing; and (including details b) includes the name of the Employer and Employee; and (c) 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 (d) includes details of: (1) the terms of the Agreement that will be varied, varied by the arrangement; and (2) how the IFA arrangement will vary the effect of the Enterprise Agreement terms, ; and (3) 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 arrangement; and (e) states the day on which the IFA arrangement commences);. (biv) includes The Employer must give the name Employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 (v) The Employer or Employee may terminate the IFA individual flexibility arrangement: (a) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time by both parties agreeing in writingtime. 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. 38.1 Where 42.1 Notwithstanding any other provision of this Agreement, the Employer wants and an individual employee may agree to enter into a an 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 a term of this Agreement, in relation to the Agreement if: (a) it deals with one or more of employee and the following matters: (i) Time between which ordinary hours are worked; (ii) Salary sacrifice Agreements; (iii) Reduction Employer 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 order to meet the genuine individual needs of the Employer and the Employee covered by this Agreement in relation individual employee. The term the Employer and the individual employee may agree to one or more vary the effect of the matters mentioned in paragraph is (a) aboveArrangements for when work is performed 42.2 The Employer and the individual employee must have genuinely made the IFA without undue pressure, coercion or duress. 42.3 The Employer must ensure that the IFA between the Employer and the individual employee must: (a) be confined to a variation in the effect of the term listed in clause 41.1; and (cb) The IFA is genuinely agreed not disadvantage the individual employee in relation to by the Employer individual employee’s terms and the Employeeconditions of employment. 38.3 42.4 The Employer must ensure that the terms of the an IFA: (a) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be have been if no IFA was madeagreed to. 38.4 42.5 An IFA cannot be made so as to affect the provisions of Attachment A, (Schedule F - Outwork and Related Provisions). 42.6 The Employer must also ensure that any such the IFA isbetween the Employer and the individual employee: (a) is in writing writing, name the parties to the IFA, 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; (including b) include details of the terms that term of the Agreement, the effect of which will be varied, varied by the IFA; (c) include details of how the IFA will vary the effect of the Enterprise Agreement terms, term; (d) include details of how the Employee employee will be better off overall in relation to (e) state the date the IFA commences to the terms and conditions of his or her employment as operate. 42.7 The Employer must ensure a result copy 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 agreed to under this term is under 18, by a parent or guardian of the Employee; and (d) provided given to the Employee within 14 days after it is agreed to, and the Employer must keep the IFA as a time and wages record. 38.5 42.8 The Employer or Employee may terminate seeking to enter into an IFA 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. 42.9 The written proposal will outline the following matters: (a) the reasons why the Employer is seeking the IFA with the employee; (b) whether the Employer intends to seek the same or similar IFA with other individual employees on the same shift and/.or at the same enterprise; (c) the nature and terms of the proposed IFA, including the period of time for which the arrangement is sought; (d) how the proposed IFA effects the operation of the term of the Agreement to be subjected to the IFA, including any impact on the individual employee’s remuneration (including wages, overtime, penalty rates, allowances, annual leave and other conditions). 42.10 The written proposal will also include: (a) a copy of the proposed IFA; (b) a copy of the relevant provisions of the Agreement, and where applicable award provisions whose effect would be varied by either the operation of the proposed IFA; (c) a statement that the employee is entitled to seek advice, assistance and representation from the CFMEU – Manufacturing Division in paid time to discuss the proposal (including with an interpreter if requested by the employee)’ (d) a statement that the employee is under no obligation to agree to the Employer’s proposal and that it is an offence for the Employer to induce, coerce or apply duress to an employee to agree to the proposal. 42.11 The Employer must give the employee up to seven working days to enable the employee to elect to seek advice, where appropriate, from the employee’s union. 42.12 The Employer must ensure that the IFA may be terminated: (a) by the Employer or Employee the individual employee giving written 28 days’ notice of not more than 28 daystermination, or in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time time, by both parties agreeing in writingwritten agreement between the Employer and the individual employee. 38.6 Where any (c) Upon termination of the requirements of ss 202 and 203 IFA the employee shall been entitled to return to the work arrangements which applied to them immediately preceding the making of the FW Act are IFA. 42.13 The right to make an IFA pursuant to this clause is in addition to, and is not metintended to otherwise affect, any provision for an agreement between the IFA is employer and an individual employee contained in any other term of no effectthis agreement.

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 29.1 The Employer and an Employee covered by this Agreement may agree to make an IFA Individual Flexibility Arrangement (IFA) to vary the effect of terms of this Agreement (in relation to the Agreement if: (a) it deals with one or more of Employer and the following matters: (i) Time between which ordinary hours are worked; (ii) Salary sacrifice Agreements; (iii) Reduction Employee), 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 order to meet 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; andEmployee. (c) 29.2 The IFA is must be genuinely agreed to by the Employer and the Employee. 38.3 29.3 The Employer must ensure that the terms of this Agreement the IFAeffect of which may be varied by an IFA are the following: (a) are about permitted matters under section 172 Clause 8 – Additional Allowances; (b) Clause 9 – Distant Work and Meal and Accommodation Allowances; (c) Clause 10 – Hours of the FW Actwork; (d) Clause 11 – Overtime (and penalty rates); (e) Clause 12 – Meal and crib breaks; and (bf) 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 madeClause 14 – Shiftwork. 38.4 29.4 The Employer must also ensure that any such IFA isthat: (a) the IFA is in writing writing; (including details b) the IFA includes the name of the Employer and the Employee; (c) the IFA includes details of: (i) the terms of the Agreement that will be varied, varied by the IFA; (ii) how the IFA will vary the effect of the Enterprise Agreement terms, terms of the Agreement; 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 IFA, and ; (d) the IFA states the day on which the IFA commences); (be) includes the name IFA is about matters that would be permitted matters under section 172 of the Employer and EmployeeFW Act; (cf) the IFA does not include a term that would be an unlawful term under section 194 of the FW Act; (g) the IFA is signed in all cases by the Employer and the Employee, Employee (and if the Employee is under eighteen (18, ) years of age by a parent or guardian of the Employee); and (dh) provided a copy of the IFA is given to the Employee within 14 fourteen (14) days after it is agreed to. 38.5 29.5 If the Employer wishes to initiate the making of an IFA it will: (a) give the Employee a written proposal; and (b) if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposal. 29.6 The Employer or the Employee may terminate the IFA IFA: (a) by either the Employer or the Employee giving twenty-eight (28) days written notice of not more than 28 days, or notice; or (b) if the Employer and Employee agree in writing — at any time by both parties agreeing in writingtime. 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. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal 26.1 Subject to the Employee. Where FW Act 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 Individual Flexibility Arrangement (IFA) to vary the effect of terms of the this Agreement if: (a) it the agreement deals with one 1 or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsovertime rates; (iii) Reduction in ordinary hourspenalty rates; (iv) Increase in annual leave accrual each yearallowances; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);loading; nad (b) The the IFA meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one 1 or more of the matters mentioned in paragraph (a) above; and). (c) The the IFA is must be genuinely agreed to by the Employer and the Employee. 38.3 26.2 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 term under section 194 of the FW Act; and (c) result results in the Employee being better off overall than the Employee would be if no IFA was were made.; 38.4 26.3 The Employer must also ensure that any such IFA isthe IFA: (a) is in writing writing; and (including details b) includes the name of the Employer and the Employee; and (c) is signed by the Employer and the Employee (and if the Employee is under 18 years of age by a parent or guardian of the Employee); and (d) includes details of: (i) The terms of the Agreement that will be varied, how varied by the IFA; (ii) How the IFA will vary the effect of the Enterprise Agreement terms terms, how ; (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 ; and (iv) State the day date on which the IFA commences);. (b) includes 26.4 The Employer must give the name Employee a copy 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 IFA within 14 days after it is agreed toagreed. 38.5 26.5 The Employer or the Employee may terminate the IFA IFA: (a) by either the Employer or the Employee giving written notice of not no more than 28 days, or days written notice to the other party to the IFA; or (b) if the Employer and Employee agree in writing — at any time by both parties agreeing in writingtime. 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. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal 30.1 Subject to the Employee. Where FW Act 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 Individual Flexibility Arrangement (IFA) to vary modify the effect application of terms of the this Agreement that relate to terms and conditions of employment 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; andEmployee. (cb) The the IFA is must be genuinely agreed to by the Employer and the Employee. 38.3 30.2 The Employer must ensure that the terms of the IFA: (a) are about permitted matters under section 172 one hundred and seventy-two (172) of the FW Act; and; (b) are not unlawful terms term under section 194 one hundred and ninety-four (194) of the FW Act; and (c) result results in the Employee being better off overall than the Employee would be if no IFA was were made.; 38.4 30.3 The Employer Company must also ensure that any such IFA isthe IFA: (a) is in writing writing; and (including b) includes the name of the Employer and the Employee; and (c) is signed by the Employer and the Employee (and if the Employee is under 18 years of age by a parent or guardian of the Employee); and (d) includes details of: (i) Application of the terms of the Agreement that will be varied, how modified by the IFA; (ii) How the IFA will vary modify the effect application of the Enterprise Agreement terms, how ; (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 ; and (iv) State the day date on which the IFA commences);. (b) includes 30.4 The Employer must give the name Employee a copy of the Employer and Employee; IFA within fourteen (c14) 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 toagreed. 38.5 30.5 The Employer or the Employee may terminate the IFA IFA: (a) by either the Employer or the Employee giving written notice of not no 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.twenty-eight

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 9.1 Team Global Express and an Employee covered by this Agreement may agree to make an IFA Individual Flexibility Arrangement (IFA) to vary the effect of terms of the this Agreement if: (a) it The Agreement deals with one 1 or more of the following matters: (i) Time between which ordinary hours are workedArrangements about when work is performed; (ii) Salary sacrifice AgreementsOvertime rates; (iii) Reduction in ordinary hoursPenalty rates; (iv) Increase in annual leave accrual each yearAllowances; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);Leave loading; and (b) The IFA arrangement meets the genuine needs of the Employer Team Global Express and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a) aboveclause 9.1(a); and (c) The IFA arrangement is genuinely agreed to by the Employer Team Global Express and the Employee. 38.3 The Employer 9.2 Team Global Express must ensure that the terms of the IFA: (a) are Are about permitted matters under section 172 of the FW Act; and (b) are Are not unlawful terms under section 194 of the FW Act; and (c) result Result in the Employee being better off overall than the Employee would be if no IFA arrangement was made. 38.4 The Employer 9.3 Team Global Express must also ensure that any such IFA isthe IFA: (a) Is in writing writing; and (including details b) Includes the names of Team Global Express and the Employee; and (c) Is signed by Team Global Express 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 Agreement that will be varied, how varied by the IFA; and (ii) How the IFA will vary the effect of the Enterprise Agreement terms, how ; and (iii) 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 IFA, and ; and (e) States the day on which the IFA arrangement commences);. (b) includes 9.4 Team Global Express must give the name Employee a copy 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 IFA within 14 days after it is agreed to. 38.5 The Employer 9.5 Team Global Express or the Employee may terminate the IFA IFA: (a) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the arrangement; or (b) if Team Global Express and the Employee agree in writing - at any time by both parties agreeing in writingtime. 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. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA1) 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 Enterprise Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) it the agreement deals with one or more of the following matters: (i) Time between which ordinary hours are worked;arrangements about when work is performed. (ii) Salary sacrifice Agreements;overtime rates. (iii) Reduction in ordinary hours;penalty rates. (iv) Increase in annual leave accrual each year;allowances. (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);loading; and (b) The IFA the arrangement 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 the arrangement is genuinely agreed to by the Employer and the Employee. 38.3 (2) The Employer must ensure that the terms of the IFAindividual flexibility arrangement: (a) are Are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are Are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) result Result in the Employee being better off overall than the Employee would be if no IFA agreement was made. 38.4 (3) The Employer must also ensure that any such IFA isthis individual flexibility arrangement: (a) Is in writing writing; and (including details b) Includes the name of the Employer and Employee; and (c) 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 (d) Includes details of: (i) The terms of the enterprise agreement that will be varied, how varied by the IFA arrangement; and (ii) How the arrangement will vary the effect of the Enterprise Agreement terms, how ; and (iii) How the Employee will be better off overall in relation to the terms and conditions of to his or her employment as a result of the IFA, and arrangement; and (e) States the day on which the IFA arrangement commences);. (b4) includes The Employer must give the name Employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 (5) The Employer or Employee may terminate the IFA by either 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 Employer or and Employee giving written notice of not more than 28 days, or agree in writing – at any time by both parties agreeing in writingtime. 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. 38.1 20.1 Where the an Employee of an Employer wants to enter into a individual flexibility arrangement requests (IFA) it must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limitedincluding after discussions with an Employer), the Employee and 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 individual flexibility arrangement (Arrangement) to vary the effect of terms of the this Agreement if: (a) it the Arrangement deals with one or more any of the following mattersfollowing: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsovertime; (iii) Reduction in ordinary hourspenalties; (iv) Increase in annual leave accrual each yearallowances; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);loading; and (b) The IFA the Arrangement meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one or more any of the matters mentioned in paragraph subclause (a) above); and (c) The IFA the Arrangement is genuinely agreed to by the Employer and the Employee. 38.3 The 20.2 An Employer must ensure that the terms of the IFAArrangement: (a) are confined to a variation of the effect of terms of the Agreement concerning the matters in clause 20.1(a); (b) are about permitted matters under section 172 of the FW Act; and (bc) are not unlawful terms under section 194 of the FW Act; and (cd) result in the Employee being better off overall than the Employee would be if no IFA Arrangement was made. 38.4 The 20.3 An Employer must also ensure that any such IFA isthe Arrangement: (a) is in writing writing; and (including details b) includes the name of the Employer and the Employee; and (c) is signed by an authorised People Leader 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 Agreement that will be varied, varied by the Arrangement; and (ii) how the IFA Arrangement will vary the effect of the Enterprise Agreement terms, terms of this Agreement; 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 IFA, and Arrangement; and (e) states the day on which the IFA Arrangement commences);. (b) includes 20.4 The Employer must give the name Employee a copy 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 Arrangement within 14 days after it is agreed to. 38.5 The 20.5 An Employer or the Employee may terminate the IFA Arrangement: (a) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the Arrangement; or (b) if an Employer and the Employee agree in writing — at any time by both parties agreeing in writingtime. 38.6 Where any 20.6 Upon request by the Union each 6 months, the Employer will advise the Union of the requirements number of ss 202 and 203 Arrangements made during the 6 month period under this clause 20, providing a breakdown of: (a) the number of Arrangements which deal with each of the FW Act are not met, matters in clause 20.1(a); (b) the IFA is business units which the Arrangements relate to; (c) the grade of no effectthe Employees who have made the Arrangements; and (d) the gender of the Employees who have made the Arrangements. This information would be provided to the Union on a strictly confidential basis.

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 Employee5.1. 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 individual flexibility arrangement ("IFA") to vary the effect of terms of the this Agreement if:if:‌ (a) it The IFA deals with one 1 or more of the following matters:matters:‌ (i) Time between which ordinary hours are workedClause 17 (Rostering provisions); (ii) Salary sacrifice AgreementsClause 18 (Meal and Rest Breaks); (iii) Reduction in ordinary hoursClause 19 (Overtime); (iv) Increase in annual leave accrual each year;Clauses 23 and 24 (Allowances); and (v) Increase in rate of accrual of Rostered days off; Clause 25 (vi) Increase in wages; (vii) Increase in training leave (Union or otherwiseHigher Duties);. (b) The IFA meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one 1 or more of the matters mentioned in paragraph (a) above; andClause 5.1(a); (c) The IFA is genuinely agreed to by the Employer and the EmployeeEmployee without coercion or duress; and (d) The IFA 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; 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 IFA. 38.3 5.2. The Employer must ensure that the terms of the IFA: (a) are Are about permitted matters under section 172 of the FW Act; and; (b) are Are not unlawful terms under section 194 of the FW Act; and (c) result Result in the Employee being better off overall than the Employee would be if no IFA was made. 38.4 The 5.3. If the Employer must also ensure that any such IFA iswishes to initiate the making of an IFA, it must: (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 give 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);written proposal; and (b) includes the name of if the Employer and Employee;is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal. 5.4. The Employer must ensure that the IFA: (ca) Is in writing; and (b) Is signed by the Employer and the EmployeeEmployee and, and if the Employee is under 1818 years of age, signed by a parent or guardian of the Employee; and. (d) provided to 5.5. The Employer must give the Employee a copy of the IFA within 14 days after it is agreed to. 38.5 5.6. The Employer or the Employee may terminate the IFA by either IFA: (a) By giving 28 days written notice to the other party to the IFA; or (b) If the Employer or and the Employee giving written notice of not more than 28 days, or agree in writing — at any time by both parties agreeing in writingtime. 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. 38.1 Where 7.1 An Employee and 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 Individual Flexibility Arrangement (“IFA”) to vary the effect of any terms of the this Agreement if: (a) it the IFA deals with one or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsovertime rates; (iii) Reduction in ordinary hourspenalty rates; (iv) Increase in annual leave accrual each yearallowances; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise)loading; (b) The 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) aboveEmployee; and (c) The the IFA is genuinely agreed to by the Employer Employee and the EmployeeEmployer. 38.3 7.2 The Employer must ensure that that: (a) the terms of the IFA: (ai) are about permitted matters under section 172 of the FW Act; and; (bii) are not unlawful terms under section 194 of the FW Act; and (ciii) 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:; and (ab) the IFA:‌ (i) is in writing writing; (including details ii) states the names of the Employer and Employee; (iii) is signed by the Employer and Employee (and, if the Employee is under 18 years of age, signed by the Employee’s parent or guardian); and (iv) includes details which confirm: • the terms of this Agreement that will be varied, varied by the IFA; • 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 ; and (v) states the day on which the IFA commences);. 7.3 The Employer must provide the Employee with a copy of the IFA at the time the IFA is agreed and made. 7.4 The Employer or an Employee may terminate an IFA: (a) by giving no more than 28 days' written notice to the other party; or (b) includes the name of the Employer and Employee; (c) signed by the Employer and the Employeeimmediately, 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 writingagree. 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. 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 55.1 Kmart and an Employee covered by this Agreement may agree to make an IFA individual flexibility arrangement (IFA) to vary the effect of terms of the Agreement if: (a) it the IFA deals with one (1) or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsovertime rates; (iii) Reduction in ordinary hourspenalty rates; (iv) Increase in annual leave accrual each yearallowances; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);loading; and (b) The the IFA meets the genuine needs of the Employer Kmart and the Employee covered by this Agreement in relation to one (1) or more of the matters mentioned in paragraph (a) above); and (c) The IFA the arrangement is genuinely agreed to by the Employer Kmart and the Employee. 38.3 The Employer 55.2 Kmart 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 arrangement was made. 38.4 The Employer 55.3 Kmart must also ensure that any such IFA isthe IFA: (a) is in writing writing; and (including details b) includes the name of the Company (Kmart) and the Employee; and (c) is signed by Kmart and the Employee, and if the Employee is under eighteen (18) years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the Agreement that will be varied, varied by the IFA; and (ii) how the IFA will vary the effect of the Enterprise Agreement terms, ; and (iii) 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 IFA, and ; and (e) states the day on which the IFA arrangement commences);. (b) includes 55.4 Kmart must give the name Employee a copy of the Employer and Employee; IFA within fourteen (c14) 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 55.5 Kmart or the Employee may terminate the IFA IFA: (a) by either the Employer or Employee giving no more than twenty-eight (28) days written notice of not more than 28 days, or to the other party to the arrangement; or (b) if Kmart and the Employee agree in writing – at any time by both parties agreeing in writingtime. 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. 38.1 Where Despite anything else in the Agreement, the Employer wants and an individual employee may agree to enter into a vary the application of the terms of the Agreement relating to any of the following in order to meet the genuine needs of both the employee and the Employer: (a) arrangements for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances. 38.2 An individual flexibility arrangement agreement (IFA) it must provide be one that is genuinely made by the Employer and the individual employee without coercion or duress. 38.3 An IFA may only be made after the individual employee has commenced employment with the Employer. 38.4 To initiate the making of an IFA, the Employer must: (a) give the employee a written proposal to proposal; and (b) if the Employee. Where Employer is aware that the Employee’s employee has, or reasonably should be aware that the employee may have, limited understanding of written English is limitedEnglish, the Employer must take measures, reasonable steps (including providing a translation into in an appropriate language, ) to ensure that the Employee employee understands the proposal. 38.2 The Employer and an Employee covered by this Agreement may agree to make an 38.5 An IFA to vary must result in the effect of terms employee being better off overall at the time the IFA is made than if the IFA had not been made. 38.6 An IFA must do all of the Agreement iffollowing: (a) it deals with one or more of state 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 names of the Employer and the Employee covered by this employee; and (b) identify the Agreement in relation term, or Agreement terms, the application of which is to one or more of the matters mentioned in paragraph (a) abovebe varied; and (c) The IFA is genuinely agreed to by set out how the Employer and the Employee. 38.3 The Employer must ensure that the terms application of the IFA: (a) are about permitted matters under section 172 of the FW ActAgreement term, or each Agreement term, is varied; and (bd) are set out how the IFA results in the employee being better off overall at the time the IFA is made than if the IFA had not unlawful terms under section 194 of the FW Actbeen made; and (ce) result in state the Employee being better off overall than date the Employee would be if no IFA was madeis to start. 38.4 The Employer 38.7 An IFA must also ensure that any such IFA isbe: (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);writing; and (b) includes the name of the Employer and Employee; (c) signed by the Employer and the Employeeemployee and, and if the Employee employee is under 1818 years of age, by a the employee’s parent or guardian guardian. 38.8 Except as provided in clause 38.7(b), an IFA must not require the approval or consent of a person other than the Employer and the employee. 38.9 The Employer must keep the IFA as a time and wages record and give a copy to the employee. 38.10 The Employer and the employee must genuinely agree, without duress or coercion to any variation of the Employee; andAgreement provided for by an IFA. 38.11 An IFA may be terminated: (da) provided to at any time, by written agreement between the Employee within 14 days after it is agreed to.Employer and the employee; or 38.5 The Employer or Employee may terminate the IFA (b) by either the Employer or Employee employee giving 28 days written notice of not more than 28 days, or at any time by both parties agreeing in writingto the other party. 38.6 Where any 38.12 An IFA terminated as mentioned in clause 38.11(b) ceases to have effect at the end of the requirements period of ss 202 notice required under that clause. 38.13 The right to make an IFA under clause 38 is additional to, and 203 does not affect, any other term of the FW Act are not met, Agreement that provides for an agreement between the IFA is of no effectEmployer and an individual employee.

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 10.1 An Employee understands the proposal. 38.2 The Employer and an Employee covered by this Agreement Employer may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) it the arrangement deals with one or more of the following matters: (i) Time between which ordinary hours are workedwhen work is performed; (ii) Salary sacrifice Agreementsovertime rates; (iii) Reduction in ordinary hourspenalty rates; (iv) Increase in annual leave accrual each year;allowances; and/or (v) Increase leave loading. 10.2 An Employee may appoint a representative for the purposes of the procedure in rate this clause 10, including the Union. Except as provided in subclause 10.5(c), the arrangement must not require the approval or consent 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 a person other than 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 individual Employee. 38.3 10.3 The Employer must ensure that the terms of the IFAindividual 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 have been if no IFA arrangement was made. 38.4 The 10.4 An Employer must also ensure that any such IFA iswho wishes to initiate the making of an individual flexibility arrangement must: (a) in writing give the Employee a written proposal; and (b) if the Employer is aware, or reasonably should be aware, that the Employee has limited understanding of written English, must take reasonable steps (including details of the terms that will be varied, how the IFA will vary the effect of the Enterprise Agreement terms, how providing a translation in an appropriate language) to ensure the Employee will be better off overall understands the proposal. 10.5 The Employer must ensure that the individual flexibility arrangement: (a) is 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)writing; (b) includes the name of the Employer and Employee; (c) is signed by the Employer Employee and the EmployeeEmployer and, and if the Employee is under 1818 years of age, by a the Employee’s parent or guardian guardian; (d) includes details of: (i) the terms of the EmployeeAgreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; (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 (de) provided to states the day the arrangement commences. 10.6 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 38.5 10.7 The Employer or Employee may terminate the IFA individual flexibility arrangement: (a) by either the Employer or Employee giving written notice of not no more than 28 days, or ’ written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing – at any time by both parties agreeing in writingtime. 38.6 Where any 10.8 An individual flexibility arrangement may be expressed to operate for a specified term or while the Employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the requirements of ss 202 and 203 of specified term or when the FW Act are not met, Employee ceases to perform the IFA is of no effectspecified role unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFAa) 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 An Employer and an Employee covered by this Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) it the arrangement deals with one or more of the following matters: (iA) Time between which ordinary hours are workedarrangements about when work is performed; (B) overtime rates; (C) penalty rates; (D) allowances; (E) leave loading; and (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 the arrangement 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 sub-paragraph 6.1 (a) above(i); and (ciii) The IFA the arrangement is genuinely agreed to by the Employer and the Employee. 38.3 (b) The Employer must ensure that the terms of the IFAindividual flexibility arrangement: (ai) are about permitted matters under section 172 s.172 of the FW Act; and (bii) are not unlawful terms under section 194 s.194 of the FW Act; and (ciii) result in the Employee being better off overall than the Employee would be if no IFA arrangement was made. 38.4 (c) The Employer must also ensure that any such IFA isthe individual flexibility arrangement: (ai) is in writing writing; and (including details ii) includes the name of the Employer and the Employee; and (iii) is signed by the Employer and the 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 this Agreement that will be varied, varied by the arrangement; and (B) how the IFA arrangement will vary the effect of the Enterprise Agreement 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 IFAarrangement; and Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2023 (D) states the day on which the IFA arrangement 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 Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 38.5 (e) The Employer or the Employee may terminate the IFA individual flexibility arrangement: (i) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the arrangement; or (ii) if the Employer and Employee agree in writing at any time by both parties agreeing in writingtime. 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. 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 29.1 The Employer and an Employee covered by this Agreement may agree to make an IFA Individual Flexibility Arrangement (IFA) to vary the effect of terms of this Agreement (in relation to the Agreement if: (a) it deals with one or more of Employer and the following matters: (i) Time between which ordinary hours are worked; (ii) Salary sacrifice Agreements; (iii) Reduction Employee), 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 order to meet 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; andEmployee. (c) 29.2 The IFA is must be genuinely agreed to by the Employer and the Employee. 38.3 29.3 The Employer must ensure that the terms of this Agreement the IFAeffect of which may be varied by an IFA are the following: (a) are about permitted matters under section 172 Clause 8 – Additional Allowances; (b) Clause 9 – Distant Work and Meals and Accommodation Allowances; (c) Clause 10 – Hours of the FW Actwork; (d) Clause 11 – Overtime (and penalty rates); (e) Clause 12 – Meal and crib breaks; and (bf) 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 madeClause 14 – Shiftwork. 38.4 29.4 The Employer must also ensure that any such IFA isthat: (a) the IFA is in writing writing; (including details b) the IFA includes the name of the Employer and the Employee; (c) the IFA includes details of: (i) the terms of the Agreement that will be varied, varied by the IFA; (ii) how the IFA will vary the effect of the Enterprise Agreement terms, terms of the Agreement; 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 IFA, and ; (d) the IFA states the day on which the IFA commences); (be) includes the name IFA is about matters that would be permitted matters under section 172 of the Employer and EmployeeFW Act; (cf) the IFA does not include a term that would be an unlawful term under section 194 of the FW Act; (g) the IFA is signed in all cases by the Employer and the Employee, Employee (and if the Employee is under eighteen (18, ) years of age by a parent or guardian of the Employee); and (dh) provided a copy of the IFA is given to the Employee within 14 fourteen (14) days after it is agreed to. 38.5 29.5 If the Employer wishes to initiate the making of an IFA it will: (a) give the Employee a written proposal; and (b) if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposal. 29.6 The Employer or the Employee may terminate the IFA IFA: (a) by either the Employer or the Employee giving twenty-eight (28) days written notice of not more than 28 days, or notice; or (b) if the Employer and Employee agree in writing — at any time by both parties agreeing in writingtime. 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. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal to the Employee68.1. 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 Rain Bird and an Employee covered by this Agreement may agree to make an IFA individual flexibility arrangement ("IFA") to vary the effect of terms of the this Agreement if: (a) it The IFA deals with one 1 or more of the following matters: (i) Time between which ordinary hours are workedArrangements for when work is performed; (ii) Salary sacrifice AgreementsClause 19 (Spread of Ordinary Hours); (iii) Reduction in ordinary hoursClause 20 (Meal and rest breaks); (iv) Increase in annual leave accrual each yearClauses 21 and 22 (Overtime); (v) Increase in rate of accrual of Rostered days off;Clause 23 (Penalty rates); or (vi) Increase in wages; Clause 31 (vii) Increase in training leave (Union or otherwiseAllowances);. (b) The IFA meets the genuine needs of the Employer Rain Bird and the Employee covered by this Agreement in relation to one 1 or more of the matters mentioned in paragraph (a) above; andClause 68.1(a); (c) The IFA is genuinely agreed to by the Employer Rain Bird and the EmployeeEmployee without coercion or duress; and (d) The IFA 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; 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 IFA. 38.3 The Employer 68.2. Rain Bird must ensure that the terms of the IFA: (a) are Are about permitted matters under section 172 of the FW Act; (i) Are not unlawful terms under the Act; and (bii) are not unlawful terms under section 194 of the FW Act; and (c) result 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 is68.3. If Rain Bird wishes to initiate the making of an IFA, it must: (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 give 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);written proposal; and (b) includes if Rain Bird is aware that the name Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employer and Employee;employee understands the proposal. 68.4. Rain Bird must ensure that the IFA: (ca) Is in writing; and (a) Is signed by the Employer Xxxx Xxxx and the EmployeeEmployee and, and if the Employee is under 1818 years of age, signed by a parent or guardian of the Employee; and. (d) provided to 68.5. Rain Bird must give the Employee a copy of the IFA within 14 days after it is agreed to. 38.5 The Employer 68.6. Rain Bird or the Employee may terminate the IFA by either the Employer or Employee IFA: (a) By giving 28 days written notice of not more than 28 days, or to the other party to the IFA; or (a) If Rain Bird and the Employee agree in writing — at any time by both parties agreeing in writingtime. 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. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal to the Employee46.1. 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 individual flexibility arrangement ("IFA") to vary the effect of terms of the this Agreement if: (a) it The IFA deals with one 1 or more of the following matters: (i) Time between which ordinary hours are workedClause 13— Spread of Ordinary Hours; (ii) Salary sacrifice AgreementsClause 14 — Meal and rest breaks; (iii) Reduction in ordinary hoursClause 15 — Shiftwork; (iv) Increase in annual leave accrual each year;Clause 16 — Overtime; and (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);Clause 22 — Allowances. (b) The IFA meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one 1 or more of the matters mentioned in paragraph (a) above; andClause 46.1(a); (c) The IFA is genuinely agreed to by the Employer and the EmployeeEmployee without coercion or duress; and (d) The IFA 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; 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 IFA. 38.3 46.2. The Employer must ensure that the terms of the IFA: (a) are Are about permitted matters under section 172 of the FW Act; and; (b) are Are not unlawful terms under section 194 of the FW Act; and (c) result Result in the Employee being better off overall than the Employee would be if no IFA was made. 38.4 The 46.3. If the Employer must also ensure that any such IFA iswishes to initiate the making of an IFA, it must: (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 give 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);written proposal; and (b) includes the name of if the Employer and Employee;is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal. 46.4. The Employer must ensure that the IFA: (ca) Is in writing; and (b) Is signed by the Employer and the EmployeeEmployee and, and if the Employee is under 1818 years of age, signed by a parent or guardian of the Employee; and. (d) provided to 46.5. The Employer must give the Employee a copy of the IFA within 14 days after it is agreed to. 38.5 46.6. The Employer or the Employee may terminate the IFA by either IFA: (a) By giving 28 days written notice to the other party to the IFA; or (b) If the Employer or and the Employee giving written notice of not more than 28 days, or agree in writing — at any time by both parties agreeing in writingtime. 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. 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal ‌ 29.1 Subject to the Employee. Where FW Act 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 Individual Flexibility Arrangement (IFA) to vary modify the effect application of terms of the this Agreement that relate to terms and conditions of employment 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; andEmployee. (cb) The IFA is must be genuinely agreed to by the Employer and the Employee. 38.3 29.2 The Employer must ensure that the terms of the IFA: (a) are Are about permitted matters under section 172 of the FW Act; and; (b) are Are not unlawful terms term under section 194 of the FW Act; and (c) result Results in the Employee being better off overall than the Employee would be if no IFA was made.; 38.4 29.3 The Employer Company must also ensure that any such IFA isthe IFA: (a) Is in writing writing; (including b) Includes the name of the Employer and the Employee; (c) Is signed by the Employer and the Employee (and if the Employee is under 18 years of age by a parent or guardian of the Employee); and (d) Includes details of: (i) Application of the terms of the Agreement that will be varied, how modified by the IFA; (ii) How the IFA will vary modify the effect application of the Enterprise Agreement terms, how ; (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 ; and (iv) State the day date on which the IFA commences);. (b) includes 29.4 The Employer must give the name Employee a copy 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 IFA within 14 days after it is agreed toagreed. 38.5 29.5 The Employer or the Employee may terminate the IFA by IFA: (a) By either the Employer or the Employee giving written notice of not no more than 28 days, or days written notice to the other party to the IFA; or (b) If the Employer and Employee agree in writing — 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.time

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 3.4.1 After commencement of written English is limitedemployment, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 38.2 The Employer employer and an Employee employee covered by this Agreement enterprise agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) it the agreement deals with one 1 or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsovertime rates; (iii) Reduction in ordinary hourspenalty rates; (iv) Increase in annual leave accrual each year;allowances; and (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise);loading. (b) The IFA the arrangement meets the genuine needs of the Employer employer and the Employee covered by this Agreement employee in relation to one 1 or more of the matters mentioned in paragraph (a) above); and (c) The IFA the arrangement is genuinely agreed to by the Employer employer and the Employeeemployee. 38.3 3.4.2 The Employer employer must ensure that the terms of the IFAindividual flexibility arrangement: (a) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; (c) results in the employee being better off overall than the employee would be if no arrangement was made; and (d) the agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress. 3.4.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) result in is signed by the Employee being better off overall than employer and employee and if the Employee would be if no IFA was made.employee is under 18 years of age, signed by a parent or guardian of the employee; and 38.4 The Employer must also ensure that any such IFA is(d) includes details of: (ai) in writing (including details the terms of the terms enterprise agreement that will be varied, varied by the arrangement; and (ii) how the IFA arrangement will vary the effect of the Enterprise Agreement 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 IFA, and arrangement; and (e) states the day on which the IFA arrangement commences);. (bf) includes Except for sub-clause 3.4.3(c), the name agreement does not require the consent or approval of another party. 3.4.4 If the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal. 3.4.5 The employer must give the employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 3.4.6 The Employer employer or Employee employee may terminate the IFA individual flexibility arrangement: (a) by either the Employer or Employee giving no less than 28 days written notice of not more than 28 days, or to the other party to the arrangement; or (b) if the employer and employee agree in writing – at any time by both parties agreeing in writingtime. 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. 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 24.1 The Employer Company and an Employee employee covered by this Agreement may agree to make an IFA individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) it The agreement deals with one or more of the following matters: (i) Time between which ordinary hours are workedarrangements about when work is performed; (ii) Salary sacrifice Agreementsthe arrangement of ordinary hours; (iii) Reduction in ordinary hoursovertime rates; (iv) Increase in annual leave accrual each yearpenalty rates; (v) Increase in rate of accrual of Rostered days offallowances; (vi) Increase in wages;leave loading; and (viiii) Increase in training leave (Union or otherwise); (b) The IFA the arrangement meets the genuine needs of the Employer Company and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a) above; and (ciii) The IFA the arrangement is genuinely agreed to by the Employer Company and the Employee. 38.3 24.2 The Employer Company must ensure that the terms of the IFAindividual flexibility arrangement: (ai) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (ciii) result in the Employee being better off overall than the Employee would be if no IFA arrangement was made. 38.4 24.3 The Employer Company must also ensure that any such IFA isthe individual flexibility arrangement: (ai) is in writing writing; and (including details ii) includes the name of the Company and Employee; and (iii) is signed by the Company and Employee and if the Employee is under 18 (iv) includes details of: (i) the terms of the Agreement that will be varied, varied by the arrangement; and (ii) how the IFA arrangement will vary the effect of the Enterprise Agreement 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 IFA, and arrangement; and (iv) states the day on which the IFA arrangement commences);. (b) includes 24.4 The Company must give the name Employee a copy 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 individual flexibility arrangement within 14 days after it is agreed to. 38.5 24.5 The Employer Company or Employee may terminate the IFA individual flexibility arrangement: (i) by either the Employer or Employee giving written notice of not no more than 28 days, or days written notice to the other party to the arrangement; or (ii) if the Company and Employee agree in writing – at any time by both parties agreeing in writingtime. 38.6 Where any (i) An employee may request a review of their classification. (ii) The review will be conducted by a panel consisting of two representatives of management, the employee, and a support person or representative of the requirements of ss 202 and 203 of employee’s choice. (iii) Where the FW Act are panel cannot metagree on a decision, the IFA is of no effectmatter can be addressed through the dispute resolution procedure in this Agreement.