Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. 15.1 A Doctor and the Health Service may enter into an individual flexibility arrangement under this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor and the Health Service. An individual flexibility arrangement must: (a) be genuinely agreed to by the Doctor and Health Service; and (b) not contravene any law. 15.2 An individual flexibility arrangement must be about arrangements for when hours are worked. 15.3 A Doctor may nominate a representative to assist in negotiations for an individual flexibility arrangement. 15.4 The Health Service must ensure that any individual flexibility arrangement will result in the Doctor being better off overall than the Doctor would have been if no individual flexibility arrangement was made. 15.5 The Health Service must ensure that an individual flexibility arrangement is in writing and signed by the Doctor and Health Service (and, if the Doctor is under 18 years of age, by the Doctor’s parent or guardian), and that it is not required to be approved or consented to by any other person. 15.6 The Health Service must give a copy of the individual flexibility arrangement to the Doctor within 14 days after it is agreed. 15.7 The Health Service must ensure that any individual flexibility arrangement sets out: (a) the terms of this Agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the Doctor will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) the day on which the arrangement commences. 15.8 The Health Service must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (b) does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and (c) provides for the arrangement to be terminated: (i) by either the Doctor or Health Service giving a specified period of written notice, with the specified period being no more than 28 days; and (ii) at any time by written agreement between the Doctor and Health Service. 15.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor is performing a specified role (such as acting in a specified higher

Individual Flexibility Arrangements. 15.1 A Doctor and the Health Service may enter into an individual flexibility arrangement under this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor and the Health Service. An individual flexibility arrangement must: (a) be genuinely agreed to by the Doctor and Health Service; and (b) not contravene any law. 15.2 An individual flexibility arrangement must be about arrangements for when hours are worked. 15.3 A Doctor may nominate a representative to assist in negotiations for an individual flexibility arrangement. 15.4 The Health Service must ensure that any individual flexibility arrangement will result in the Doctor being better off overall than the Doctor would have been if no individual flexibility arrangement was made. 15.5 The Health Service must ensure that an individual flexibility arrangement is in writing and signed by the Doctor and Health Service (and, if the Doctor is under 18 years of age, by the Doctor’s parent or guardian), and that it is not required to be approved or consented to by any other person. 15.6 The Health Service must give a copy of the individual flexibility arrangement to the Doctor within 14 days after it is agreed. 15.7 The Health Service must ensure that any individual flexibility arrangement sets out: (a) the terms of this Agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the Doctor will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) the day on which the arrangement commences. 15.8 The Health Service must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (b) does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and (c) provides for the arrangement to be terminated: (i) by either the Doctor or Health Service giving a specified period of written notice, with the specified period being no more than 28 days; and (ii) at any time by written agreement between the Doctor and Health Service. 15.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor is performing a specified role (such as acting in a specified higherhigher position). Such an arrangement will terminate on expiry of the specified term, or when the Doctor ceases to perform the specified role, unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 15.1 16.1 A Doctor Health Service and the Health Service Doctor may enter into an individual flexibility arrangement under this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor and the Health Service. . 16.2 An individual flexibility arrangement must: (a) be genuinely agreed to by the Doctor and Health Service; and (b) not contravene any law. 15.2 16.3 An individual flexibility arrangement must be about arrangements for when hours are worked. 15.3 16.4 A Doctor may nominate a representative to assist in negotiations for an individual flexibility arrangement. 15.4 16.5 The Health Service must ensure that any individual flexibility arrangement will result in the Doctor being better off overall than the Doctor would have been if no individual flexibility arrangement was made. 15.5 16.6 The Health Service must ensure that an individual flexibility arrangement is in writing and signed by the Doctor and the Health Service (and, if the Doctor is under 18 years of age, by the Doctor’s parent or guardian), and that it is not required to be approved or consented to by any other person. 15.6 16.7 The Health Service must give a copy of the individual flexibility arrangement to the Doctor within 14 days after it is agreed. 15.7 16.8 The Health Service must ensure that any individual flexibility arrangement sets out: (a) the terms of this Agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the Doctor will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) the day on which the arrangement commences. 15.8 16.9 The Health Service must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (b) does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and (c) provides for the arrangement to be terminated: (i) by either the Doctor or Health Service giving a specified period of written notice, with the specified period being no more than 28 days; and (ii) at any time by written agreement between the Doctor and Health Service. 15.9 16.10 An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor is performing a specified role (such as acting in a specified higherhigher position). Such an arrangement will terminate on expiry of the specified term, or when the Doctor ceases to perform the specified role, unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 15.1 A Doctor 7.1 An employee and the Health Service Nature Parks may enter into an individual flexibility arrangement under pursuant to this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor employee and the Health ServiceNature Parks. An individual flexibility arrangement must: (a) must be genuinely agreed to by the Doctor employee and Health Service; andthe Nature Parks. 7.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this agreement: (a) Clause 18 (Jobs and Salary Scale Levels and Pay Increases) (b) not contravene any law.Clause 15 (Hours of Work) 15.2 (c) Clause 19 (Seven Day Roster Allowance) 7.3 An individual flexibility arrangement must be about arrangements for when hours are worked. 15.3 A Doctor employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 15.4 7.4 The Health Service Nature Parks must ensure that any individual flexibility arrangement will result in the Doctor employee being better off overall than the Doctor employee would have been if no individual flexibility arrangement was madeagreement were agreed to. 15.5 7.5 The Health Service Nature Parks must ensure that an individual flexibility arrangement is in writing and signed by the Doctor employee and Health Service (and, if the Doctor Nature Parks. If the employee is under 18 years of age18, the arrangement must also be signed by the Doctor’s a parent or guardian), and that it is not required to be approved or consented to by any other personguardian of the employee. 15.6 7.6 The Health Service Nature Parks must give a copy of the individual flexibility arrangement to the Doctor employee within 14 fourteen days after it is agreed. 15.7 7.7 The Health Service Nature Parks must ensure that any individual flexibility arrangement sets out: (a) the terms of this Agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the Doctor employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) the day on which the arrangement commences. 15.8 7.8 The Health Service Nature Parks must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of ‘the Act if the arrangement were an enterprise agreementAct’; (b) does not include any term that would be an unlawful term under section 194 of ‘the Act if the arrangement were an enterprise agreementAct’; and (c) provides for the arrangement to be terminated: (i) by either the Doctor employee or Health Service the Nature Parks giving a specified specific period of written notice, with the specified specific period being no not more than 28 days; and (twenty eight days and ii) at any time by written agreement between the Doctor employee and Health Servicethe Nature Parks. 15.9 7.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor employee is performing a specified role (such as acting in a specified higherhigher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role, unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 15.1 9.1. A Doctor and the Health Service Hospital may enter into an individual flexibility arrangement under pursuant to this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor and the Health ServiceHospital. An individual flexibility arrangement must: (a) must be genuinely agreed to by the Doctor and Health Service; and (b) not contravene any lawthe Hospital. 15.2 9.2. An individual flexibility arrangement must be about may vary the effect of one or more of the following terms of this enterprise agreement: 9.2.1 arrangements for when hours are workedwork is performed, provided that work is not arranged in a way that causes an excessive or unsafe work pattern to exist pursuant to sub-clause 25.4; 9.2.2 overtime rates; 9.2.3 penalty rates; 9.2.4 allowances; and 9.2.5 loadings. 15.3 9.3. A Doctor may nominate a representative representative, which may include the Association, to assist in negotiations for an individual flexibility arrangement. 15.4 9.4. The Health Service Hospital must ensure that any individual flexibility arrangement will result in the Doctor being better off overall than the Doctor would have been if no individual flexibility arrangement was madewere agreed to. 15.5 9.5. The Health Service Hospital must ensure that an individual flexibility arrangement is in writing and signed by the Doctor and Health Service (and, if the Doctor is under 18 years of age, by the Doctor’s parent or guardian), and that it is not required to be approved or consented to by any other personHospital. 15.6 9.6. The Health Service Hospital must give a copy of the individual flexibility arrangement to the Doctor within 14 days after it is agreedagreed to. 15.7 9.7. The Health Service Hospital must ensure that any individual flexibility arrangement sets out: (a) 9.7.1 the terms of this Agreement enterprise agreement that will be varied by the arrangement; (b) 9.7.2 how the arrangement will vary the effect of the terms; (c) 9.7.3 how the Doctor will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) 9.7.4 the day on which the arrangement commences. 15.8 9.8. The Health Service Hospital must ensure that any individual flexibility arrangement: (a) 9.8.1 is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (b) 9.8.2 does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and (c) 9.8.3 provides for the arrangement to be terminated: (ia) by either the Doctor or Health Service the Hospital giving a specified period of written notice, with the specified period being no not more than 28 days; and (iib) at any time by written agreement between the Doctor and Health Servicethe Hospital. 15.9 9.9. An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor is performing a specified role (such as acting in a specified higherhigher position). Such an arrangement will terminate on expiry of the specified term or when the Doctor ceases to perform the specified role, unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 15.1 A Doctor 6.1 An employee and the Health Service employer may enter into an individual flexibility arrangement under pursuant to this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor employee and the Health Serviceemployer. An individual flexibility arrangement must: (a) must be genuinely agreed to by the Doctor employee and Health Serviceemployer. 6.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (a) arrangements for when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; and (be) not contravene any lawleave loading. 15.2 6.3 An individual flexibility arrangement must be about arrangements for when hours are worked. 15.3 A Doctor employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 15.4 6.4 The Health Service employer must ensure that any individual flexibility arrangement will result in the Doctor employee being better off overall than the Doctor employee would have been if no individual flexibility arrangement was madewere agreed to. 15.5 6.5 The Health Service employer must ensure that an individual flexibility arrangement is in writing and signed by the Doctor employee and Health Service (and, if employer. If the Doctor employee is under 18 years of age, the arrangement must also be signed by the Doctor’s a parent or guardian), and that it is not required to be approved or consented to by any other personguardian of the employee. 15.6 6.6 The Health Service employer must give a copy of the individual flexibility arrangement to the Doctor employee within 14 days after it is agreedagreed to. 15.7 6.7 The Health Service employer must ensure that any individual flexibility arrangement sets out: (a) the terms of this Agreement enterprise agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the Doctor employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) the day on which the arrangement commences. 15.8 6.8 The Health Service employer must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Fair Work Act 2009 if the arrangement were an enterprise agreement; (b) does not include any term that would be an unlawful term under section 194 of the Fair Work Act 2009 if the arrangement were an enterprise agreement; and (c) provides for the arrangement to be terminated: (id) by either the Doctor employee or Health Service employer giving a specified period of written notice, with the specified period being no not more than 28 days; and (iie) at any time by written agreement between the Doctor employee and Health Serviceemployer. 15.9 (f) An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor employee is performing a specified role (such as acting in a specified higherhigher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 15.1 16.1 A Doctor Health Service and the Health Service Doctor may enter into an individual flexibility arrangement under this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor and the Health Service. . 16.2 An individual flexibility arrangement must: (a) be genuinely agreed to by the Doctor and Health Service; and and (b) not contravene any law. 15.2 16.3 An individual flexibility arrangement must be about arrangements for when hours are worked. 15.3 16.4 A Doctor may nominate a representative to assist in negotiations for an individual flexibility arrangement. 15.4 16.5 The Health Service must ensure that any individual flexibility arrangement will result in the Doctor being better off overall than the Doctor would have been if no individual flexibility arrangement was made. 15.5 16.6 The Health Service must ensure that an individual flexibility arrangement is in writing and signed by the Doctor and the Health Service (and, if the Doctor is under 18 years of age, by the Doctor’s parent or guardian), and that it is not required to be approved or consented to by any other person. 15.6 16.7 The Health Service must give a copy of the individual flexibility arrangement to the Doctor within 14 days after it is agreed. 15.7 16.8 The Health Service must ensure that any individual flexibility arrangement sets out: (a) the terms of this Agreement that will be varied by the arrangement; (b) how the arrangement will vary the effect of the terms; (c) how the Doctor will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and and (d) the day on which the arrangement commences. 15.8 16.9 The Health Service must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (b) does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and and (c) provides for the arrangement to be terminated: (i) by either the Doctor or Health Service giving a specified period of written notice, with the specified period being no more than 28 days; and (ii) at any time by written agreement between the Doctor and Health Service. 15.9 16.10 An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor is performing a specified role (such as acting in a specified higherhigher position). Such an arrangement will terminate on expiry of the specified term, or when the Doctor ceases to perform the specified role, unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 15.1 AMA Note: IFA’s can not be offered as an employment contract ‘sign on’ condition. Once an employment relationship is established, DiTs may then choose to agree to an IFA subject to the clause’s requirements. 10.1 A Doctor Hospital and the Health Service Doctor may enter into an individual flexibility arrangement under this clause that varies the effect of certain terms of this Agreement in order to meet the genuine needs of the Doctor and the Health ServiceHospital. An individual flexibility arrangement must: (a) 10.1.1 be genuinely agreed to by the Doctor and Health ServiceHospital; and (b) 10.1.2 not contravene any law.; 15.2 10.1.3 not have the effect, directly or indirectly, of increasing the operating net costs of any Hospital above the net costs directly attributable to the implementation of the terms of this Agreement; 10.1.4 not have the effect, directly or indirectly, of providing a monetary benefit to the Doctor inconsistent with (greater or less than) that provided under Schedule A. 10.2 An individual flexibility arrangement must be about arrangements arrangments for when hours are worked. 15.3 10.3 A Doctor may nominate a representative to assist in negotiations for an individual flexibility arrangement. 15.4 10.4 The Health Service Hospital must ensure that any individual flexibility arrangement will result in the Doctor being better off overall than the Doctor would have been if no individual flexibility arrangement was madewere agreed to. 15.5 10.5 The Health Service Hospital must ensure that an individual flexibility arrangement is in writing and signed by the Doctor and Health Service (and, if the Doctor is under 18 years of age, by the Doctor’s parent or guardian), and that it is not required to be approved or consented to by any other personHospital. 15.6 10.6 The Health Service Hospital must give a copy of the individual flexibility arrangement to the Doctor within 14 days after it is agreed. 15.7 10.7 The Health Service Hospital must ensure that any individual flexibility arrangement sets out: (a) 10.7.1 the terms of this Agreement that will be varied by the arrangement; (b) 10.7.2 how the arrangement will vary the effect of the terms; (c) 10.7.3 how the Doctor will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (d) 10.7.4 the day on which the arrangement commences. 15.8 10.8 The Health Service Hospital must ensure that any individual flexibility arrangement: (a) 10.8.1 is about matters that would be permitted matters under section 172 of the Act if the arrangement were an enterprise agreement; (b) 10.8.2 does not include any term that would be an unlawful term under section 194 of the Act if the arrangement were an enterprise agreement; and194 (c) 10.8.3 provides for the arrangement to be terminated: (ia) by either the Doctor or Health Service Hospital giving a specified period of written notice, with the specified period being no more than 28 days; and (iib) at any time by written agreement between the Doctor and Health ServiceHospital. 15.9 10.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the Doctor is performing a specified role (such as acting in a specified higherhigher position). Such an arrangement will terminate on expiry of the specified term, or when the Doctor ceases to perform the specified role, unless terminated earlier on notice or by agreement.