Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. 45.1 The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) The agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The arrangement meets the genuine needs of the employer and Employee in relation to one or more of the matters mentioned in 43.1 (a). (c) The arrangement is genuinely agreed to by the Company and Employee. 45.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Company and Employee; and (c) is signed by the Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 The Company or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ written notice to the other party to the arrangement; or (b) if the Company and Employee agree in writing, at any time.

Individual Flexibility Arrangements. 45.1 34.1 The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms a term of this Agreement if the agreement ifindividual flexibility arrangement: (a) The agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The arrangement meets the genuine needs of the employer Company and the Employee in relation to one or more of the matters mentioned in 43.1 paragraph (a).; and (c) The arrangement is genuinely agreed to by the Company and the Employee. 45.2 34.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009 (Cth); (b) are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (c) result in the Employee being better off overall than the Employee would be if no individual flexibility arrangement was made. 45.3 34.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Company and the Employee; and; (c) is signed by the Company and the Employee and 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 term(s) of the enterprise agreement this Agreement that will be varied by the individual flexibility arrangement; (ii) how the individual flexibility arrangement will vary the effect of the terms; andAgreement term(s); (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the individual flexibility arrangement; and (e) states the day on which the individual flexibility arrangement commences. 45.4 34.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 34.5 The Company or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ ' written notice to the other party to the arrangementparty; or (b) if the Company and the Employee agree in writing, at any time.

Individual Flexibility Arrangements. 45.1 The Company 9.1 UGL and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The agreement the Agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and; (b) The the arrangement meets the genuine needs of UGL and the employer and Employee in relation to one or more of the matters mentioned in 43.1 (asubclause 9.1(a).; and (c) The the arrangement is genuinely agreed to by the Company and Employee. 45.2 The Company 9.2 UGL must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section s 172 of the Act;; and (b) are not unlawful terms under section s 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 The Company 9.3 UGL must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of UGL’s employing entity and the Company and Employee; and (c) is signed by UGL and the Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the enterprise agreement Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 45.4 The Company 9.4 UGL must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 The Company 9.5 UGL or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if UGL and the Company and Employee agree in writing, writing – at any time.

Individual Flexibility Arrangements. 45.1 The Company 10.1. An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the agreement Agreement if: (a) The agreement the Agreement deals with one 1 or more of the following matters: (i) i. arrangements about when work is performed; (ii) . overtime rates; (iii) . penalty rates; (iv) . allowances; (v) v. leave loading; and (b) The the arrangement meets the genuine needs of the employer Employer and Employee in relation to one 1 or more of the matters mentioned in 43.1 paragraph (a).; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 10.2. The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 10.3. The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company Employer and Employee; and (c) is signed by the Company 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) i. the terms of the enterprise agreement Agreement that will be varied by the arrangement;; and (ii) . how the arrangement will vary the effect of the terms; and (iii) . how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 10.4. The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 10.5. The Company Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company Employer and Employee agree in writing, writing — at any time.

Individual Flexibility Arrangements. 45.1 28.1 The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if: (a) The the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances;; and (v) leave loading; and; (b) The the arrangement meets the genuine needs of the employer Company and Employee in relation to one or more of the matters mentioned in 43.1 paragraph (a).; and (c) The the arrangement is genuinely agreed to by the Company and Employee. 45.2 28.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 28.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Company and Employee; and; (c) is signed by the Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the EmployeeEmployee (but otherwise, the arrangement must not require the approval or consent of any other person); and (d) includes details of: (i) the terms of the enterprise agreement this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and; (iii) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 45.4 28.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 fourteen (14) calendar days after it is agreed to. 45.5 28.5 The Company or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ written notice to the other party to the arrangement; or (b) if the Company and Employee agree in writing, at any time.

Individual Flexibility Arrangements. 45.1 24.1 The Company employer and an Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the agreement ifarrangement: (a) The agreement deals with one or more of the following mattersmatters of:: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction duty; (iv) overtime rates; (iiiv) penalty ratesrecreation leave loading; (ivvi) penalties; or (vii) allowances; (v) leave loading; and. (b) The arrangement meets the genuine needs of the employer employee and Employee in relation to one or more of the matters mentioned in 43.1 (a).employer; and (c) The arrangement is genuinely agreed to by the Company employer and Employeethe employee. 45.2 24.2 The Company employer must ensure that the terms of the individual flexibility arrangement: (a) are about matters that would be permitted matters under section 172 of if the Actarrangement were an enterprise agreement; (b) are do not include a term that would be an unlawful terms under section 194 of term if the Actarrangement were an enterprise agreement; and (c) result in the Employee employee being better off overall than the Employee employee would be have been if no individual flexibility arrangement was madewere agreed to. 45.3 24.3 The Company employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Company and Employee; and (c) is signed by the Company employer and Employee the employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employee; andemployee; (dc) includes include the details of: (i) the terms of the enterprise agreement this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (ed) states the day on which period of operation of the arrangement commencesarrangement. 45.4 The Company 24.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the Employee employee a copy of the individual flexibility arrangement Determination or other appropriate instrument within 14 days after it is agreed toof the Commissioner’s approval. 45.5 24.5 The Company employer or Employee employee may terminate the individual flexibility arrangement: (a) by giving no written notice of not more than 28 days’ written notice days to the other party to the arrangement; or (b) if the Company employer and Employee employee agree in writing, writing – at any time. 24.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexibility arrangement.

Individual Flexibility Arrangements. 45.1 7.1 The Company and an individual Employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of the agreement this Agreement if: (a) The agreement deals with one (1) or more of the following matters: (i) arrangements i. Arrangements about when work is performed; (ii) overtime . Overtime rates; (iii) penalty . Penalty rates; (iv) allowances; (v) leave loading. Allowances; and (b) The arrangement meets the genuine needs of the employer Company and the Employee in relation to one (1) or more of the matters mentioned in 43.1 paragraph (a).; (c) The arrangement is genuinely agreed to by the Company and the Employee. 45.2 7.2 The Company must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee they would be if no arrangement was made. 45.3 7.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the Company's name of and the Company and Employee's name; and (c) is signed by the Company and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) i. the terms of the enterprise agreement this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) ii. how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; anda (e) iii. states the day on which the arrangement commences. 45.4 7.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 7.5 The Company or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company and the Employee agree in writing, writing- at any time.

Individual Flexibility Arrangements. 45.1 The Company 2.2.1 Coles and an Employee a team member covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) The the agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of Coles and the employer and Employee team member in relation to one 1 or more of the matters mentioned in 43.1 (asubclause 2.2.1(a).; and (c) The the arrangement is genuinely agreed to by Coles and the Company and Employeeteam member. 45.2 The Company 2.2.2 Coles must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee team member being better off overall than the Employee team member would be if no arrangement was made. 45.3 The Company 2.2.3 Coles must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of Coles and the Company and Employeeteam member; and (c) is signed by an authorised representative of Coles and the Company and Employee team member and if the Employee team member is under 18 years of age, signed by a parent or guardian of the Employeeteam member; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee team member will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 The Company 2.2.4 Coles must give the Employee team member a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 The Company 2.2.5 Coles or Employee the team member may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if Coles and the Company and Employee team member agree in writing, writing -­‐ at any time.. Part 3 – CONSULTATION AND DISPUTE RESOLUTION

Individual Flexibility Arrangements. 45.1 The Company 10.1. An Employer and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) The agreement the Agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of the employer Employer and Employee in relation to one 1 or more of the matters mentioned in 43.1 paragraph (a).; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 10.2. The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 10.3. The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company Employer and Employee; and (c) is signed by the Company 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 Enterprise Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment his or her Employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 10.4. The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 10.5. The Company Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company employer and Employee employee agree in writing, writing — at any time.

Individual Flexibility Arrangements. 45.1 The Company 1.11.1. Notwithstanding any other provision of this Agreement, an Employer and an individual Employee covered by this Agreement may agree to make an vary the application of certain terms of this Agreement to meet the genuine individual flexibility arrangement needs of the Employer and the individual Employee. The terms the Employer and the individual Employee may agree to vary the effect application of terms of the agreement ifare those concerning: (a) The agreement deals with one or more of the following matters: (i) arrangements about for when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances;; and (ve) leave loading. 1.11.2. The Employer and the individual Employee must have genuinely made the Agreement without coercion or duress. 1.11.3. The agreement between the Employer and the individual Employee must: (a) be confined to a variation in the application of one or more of the terms listed in clause 1.11.1; and (b) The arrangement meets the genuine needs of the employer and Employee in relation to one or more of the matters mentioned in 43.1 (a). (c) The arrangement is genuinely agreed to by the Company and Employee. 45.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be have been if no arrangement was madeindividual flexibility agreement had been agreed to. 45.3 1.11.4. The Company must ensure that agreement between the Employer and the individual flexibility arrangementEmployee must also: (a) is be in writing; (b) includes , name the name of parties to the Company agreement and Employee; and (c) is be signed by the Company Employer and the individual Employee and and, if the Employee is under 18 years of age, signed by a the Employee’s parent or guardian guardian; (b) state each term of this Agreement that the Employer and the individual Employee have agreed to vary; (c) detail how the application of each term has been varied by agreement between the Employer and the individual Employee; and; (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; (ii) detail how the arrangement will vary agreement results in the effect of the terms; and (iii) how the individual Employee will be being better off overall in relation to the individual Employee’s terms and conditions of their employment as a result of the arrangementemployment; and (e) states state the day on which date the arrangement commencesagreement commences to operate. 45.4 1.11.5. The Company Employer must give the individual Employee a copy of the individual flexibility arrangement within 14 days after it is agreed toagreement and keep that agreement as a time and wages record. 45.5 1.11.6. Except as provided in clause1.11.4(a) the agreement must not require the approval or consent of a person other than the Employer and the individual Employee. 1.11.7. An Employer seeking to enter into an agreement 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. The Company or Employee may terminate the individual flexibility arrangementseek independent advice from an organisation or other relevant advocate. 1.11.8. The agreement may be terminated: (a) by the Employer or the individual Employee giving no more than 28 daysfour (4) weeks’ written notice of termination, in writing, to the other party and the agreement ceasing to operate at the arrangementend of the notice period; or; (b) if the Company and Employee agree in writing, at any time, by written Agreement between the Employer and the individual Employee. 1.11.9. The right to make an Agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an Agreement between an Employer and an individual Employee contained in any other term of this Agreement.

Individual Flexibility Arrangements. 45.1 The Company 23.1 NDNS and an Employee employee covered by this Agreement may agree in writing, to make enter into an individual flexibility arrangement to vary the effect of the terms of this Agreement. 23.2 The individual flexibility arrangement must meet the agreement if: (a) The agreement deals with genuine needs of NDNS and the employee in relation to one or more of the following matters: (ia) arrangements Arrangements about when work is performed;, (iib) overtime Overtime rates; (iiic) penalty Penalty rates; (ivd) allowances;Allowances (to the extent that such allowances are covered under this Agreement); or (ve) leave loading; and Leave loading (b) The arrangement meets to the genuine needs of the employer and Employee in relation to one or more of the matters mentioned in 43.1 (aextent that such loading is covered under this Agreement). (c) 23.3 The individual flexibility arrangement is must be genuinely agreed to by NDNS and the Company and Employeeemployee. 45.2 The Company 23.4 NDNS must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 45.3 23.5 The Company must ensure that the individual flexibility arrangementarrangement must: (a) is be in writing; (b) includes include the name of NDNS and the Company and Employee; andemployee; (c) is signed by identify the Company and Employee and if the Employee is under 18 years terms of age, signed by a parent or guardian of the Employee; andthis Agreement that will be varied; (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; (ii) explain how the arrangement will vary the effect of the terms; andthis Agreement; (iiie) state how the Employee employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; (f) indicate the day of which the arrangement is to come into effect; and (eg) states be signed by the day on which employee and an authorised representative of NDNS and if the arrangement commencesemployee is under 18 years of age, signed by a parent or guardian of the employee. 45.4 The Company must 23.6 NDNS will give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 (a) The Company or Employee may terminate the individual flexibility arrangementarrangement may be terminated by NDNS or the employee: (ai) by giving the other party no more than 28 days’ twenty-eight (28) days written notice to the other party to the arrangementnotice; or (bii) at any time if both NDNS and the Company and Employee employee agree in writing, at any time.

Individual Flexibility Arrangements. 45.1 ‌ 1. The Company Integrity Commissioner and an Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The agreement the arrangement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loadingremuneration; (vi) leave; and (b) The the arrangement meets the genuine needs of the employer ACLEI and Employee an employee in relation to one or more of the matters mentioned in 43.1 paragraph (a).; and (c) The the arrangement is genuinely agreed to by the Company Integrity Commissioner and Employeean employee. 45.2 2. The Company Integrity Commissioner must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act;; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result results in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 45.3 3. The Company Integrity Commissioner must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company employer and Employeeemployee; and (c) is signed by the Company Integrity Commissioner and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: (i) the terms of the enterprise agreement this Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (eiv) states the day on which the agreement commences and, where applicable, when the arrangement commencesxxxxxx. 45.4 4. The Company Integrity Commissioner must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 5. The Company Integrity Commissioner or Employee employee may terminate the individual flexibility arrangement: (a) by giving no more less than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company Integrity Commissioner and Employee employee agree in writing, writing — at any time. 6. The procedures for the resolution of disputes detailed at Clause 9.8 of this Agreement are to be applied to any dispute arising from or related to any supplementary benefits provided to an employee under this Clause. 7. Aggregated information, including the reasons for use of Individual Flexibility Arrangements, will be reported twice per annum during the regular staff / management consultation forum.

Individual Flexibility Arrangements. 45.1 32.1 The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The agreement this Agreement deals with one 1 or more of the following matters: (i) i. arrangements about when work is performed; (ii) overtime . Overtime rates; (iii) penalty . Penalty rates; (iv) . advance payment of annual leave v. allowances; (v) vi. leave loading; and (b) The the arrangement meets the genuine needs of the employer Company and an Employee in relation to one 1 or more of the matters mentioned in 43.1 (aclause 30.1a).; and (c) The the arrangement is genuinely agreed to by the Company and the Employee. 45.2 32.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 The d) the Company must ensure that the individual flexibility arrangement: (a) i. is in writing;; and (b) ii. includes the name of the Company employer and Employee; and (c) iii. is signed by the Company employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) iv. includes details of: (ia) the terms of the enterprise agreement Agreement that will be varied by the arrangement;; and (iib) how the arrangement will vary the effect of the terms; and (iiic) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (ed) states the day on which the arrangement commences. 45.4 The e) the Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 The f) the Company or the Employee may terminate the individual flexibility arrangement: (a) i. by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) ii. if the Company and the Employee agree in writing, writing at any time.

Individual Flexibility Arrangements. 45.1 The Company 11.1. An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) The the agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of the employer Employer and Employee in relation to one 1 or more of the matters mentioned in 43.1 paragraph (a).; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 11.2. The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 11.3. The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company Employer and Employee; and (c) is signed by the Company 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 by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 45.4 11.4. The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 11.5. The Company Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company Employer and Employee agree in writing, writing — at any time.

Individual Flexibility Arrangements. 45.1 ‌ 8.1 The Company Employer and an Employee covered by this the Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement if the agreement if: (a) The agreement Agreement deals with one or more any of the following matters: (ia) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; andor (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) leave loading. 8.2 The arrangement meets must meet the genuine needs of the employer Employer and the Employee in relation to one or more of the matters mentioned in 43.1 (a)clause 8.1 above and must be genuinely agreed. (c) 8.3 The arrangement is genuinely agreed to by the Company and Employee. 45.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the Act;, and (b) are Are not unlawful terms under section 194 of the Act; , and (c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 8.4 The Company Employer must ensure that the individual flexibility arrangement: (a) is Is in writing;, and (b) includes Includes the name of the Company Employer and Employee; , and (c) is Is signed by the Company Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; , and (d) includes Include details of: (i) the terms of the enterprise agreement Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states state the day on which the arrangement commences. 45.4 8.5 The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to 8.6 An agreement may only be made after the individual Employee has commenced employment with the Employer. 45.5 8.7 The Company Employer must keep the agreement as a time and wages record and give a copy to the Employee. 8.8 The Employer or Employee may terminate the individual flexibility arrangement: (a) at any time, by giving no more than 28 days’ written notice to agreement between the other party to Employer and the arrangementEmployee; or (b) if by the Company and Employer or Employee agree in writing, at any timegiving 28 days written notice to the other party.

Individual Flexibility Arrangements. 45.1 10.1.1 The Company Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The agreement the arrangement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) meal breaks; (iii) the taking of annual leave; (iv) overtime rates; (iiiv) penalty rates; (ivvi) allowances;; or (vvii) leave loading; and. (b) The the arrangement meets the genuine needs of the employer Employer and Employee in relation to one or more of the matters mentioned in 43.1 paragraph (a).) above; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 10.1.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Xxx 0000; and (b) are not unlawful terms under section 194 of the ActFair Work Xxx 0000; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 10.1.3 The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company Employer and Employee; and (c) is signed by the Company Employer and Employee and and, if the Employee is under 18 years of age, is signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the enterprise agreement that the effect of which will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 10.1.4 The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 10.1.5 The Company Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ ' written notice to the other party to the arrangement. The arrangement will then cease to operate at the end of the 28-day notice period; or (b) if the Company Employer and Employee agree in writing, writing at any time.. Transurban Queensland Enterprise Agreement 202017 18

Individual Flexibility Arrangements. 45.1 8.1 The Company Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:an (a) The the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of the employer Employer and Employee in relation to one or more of the matters mentioned in 43.1 (aclause 8.1(a).; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 8.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 8.3 The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company Employer and Employee; and (c) is signed by the Company 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 Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 8.4 The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 8.5 The Company Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company Employer and Employee agree in writing, writing — at any time.

Individual Flexibility Arrangements. 45.1 The Company 48.1 Boral Recycling and an Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The the agreement deals with one 1 or more of the following matters: (i) i. arrangements about when work is performed; (ii) . overtime rates; (iii) . penalty rates; (iv) . allowances; (v) v. leave loading; and (b) The the arrangement meets the genuine needs of Boral Recycling and the employer and Employee employee in relation to one (1) or more of the matters mentioned in 43.1 paragraph (a).; and (c) The the arrangement is genuinely agreed to by Boral Recycling and the Company and Employeeemployee. 45.2 The Company 48.2 Boral Recycling must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 45.3 The Company 48.3 Boral Recycling must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of Boral Recycling and the Company and Employeeemployee; and (c) is signed by Boral Recycling and the Company and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: (i) i. the terms of the enterprise agreement this Agreement that will be varied by the arrangement;; and (ii) . how the arrangement will vary the effect of the terms; and (iii) . how the Employee employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 The Company 48.4 Boral Recycling must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 The Company 48.5 Boral Recycling or Employee the employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if Boral Recycling and the Company and Employee employee agree in writing, writing - at any time.

Individual Flexibility Arrangements. 45.1 The Company 3.4.1. An Employer and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) The i. the agreement deals with one (1) or more of the following matters: (ia) arrangements about when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances; (ve) leave loading; and (b) The ii. the arrangement meets the genuine needs of the employer Employer and Employee in relation to one (1) or more of the matters mentioned in 43.1 paragraph (a).i) above; and (c) The iii. the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 3.4.2. The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) i. are about permitted matters under section 172 of the Act;; and (b) ii. are not unlawful terms under section 194 of the Act; and (c) iii. result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 3.4.3. The Company Employer must ensure that the individual flexibility arrangement: (a) i. is in writing;; and (b) ii. includes the name of the Company Employer and Employee; and (c) iii. is signed by the Company Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) iv. includes details of: (ia) the terms of the enterprise agreement that will be varied by the arrangement;; and (iib) how the arrangement will vary the effect of the terms; and (iiic) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) v. states the day on which the arrangement commences. 45.4 3.4.4. The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 3.4.5. The Company Employer or Employee may terminate the individual flexibility arrangement: (a) i. by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) ii. if the Company Employer and Employee agree in writing, writing — at any time.

Individual Flexibility Arrangements. 45.1 The Company 14.1 An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; andperformed;‌ (b) The the arrangement meets the genuine needs of the employer Employer and Employee in relation to one or more of the matters matter mentioned in 43.1 (aclause 14.1(a).; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 14.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 14.3 The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company Employer and Employee; and (c) is signed by the Company 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 the effect of which will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 14.4 The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 14.5 The Company Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company Employer and Employee agree in writing, writing — at any time.

Individual Flexibility Arrangements. 45.1 24.1 The Company employer and an Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the agreement ifarrangement: (a) The agreement deals with one or more of the following mattersmatters of:: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction duty; (iv) overtime rates; (iiiv) penalty ratesrecreation leave loading; (ivvi) penalties; or (vii) allowances; (v) leave loading; and. (b) The arrangement meets the genuine needs of the employer employee and Employee in relation to one or more of the matters mentioned in 43.1 (a).employer; and (c) The arrangement is genuinely agreed to by the Company employer and Employeethe employee. 45.2 24.2 The Company employer must ensure that the terms of the individual flexibility arrangement: (a) are about matters that would be permitted matters under section 172 of if the Actarrangement were an enterprise agreement; (b) are do not include a term that would be an unlawful terms under section 194 of term if the Actarrangement were an enterprise agreement; and (c) result in the Employee employee being better off overall than the Employee employee would be have been if no individual flexibility arrangement was made.were agreed to. NTPS Aboriginal Health Practitioner 2022 - 2025 Enterprise Agreement 45.3 24.3 The Company employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Company and Employee; and (c) is signed by the Company employer and Employee the employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employee; andemployee; (dc) includes include the details of: (i) the terms of the enterprise agreement this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (ed) states the day on which period of operation of the arrangement commencesarrangement. 45.4 The Company 24.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the Employee employee a copy of the individual flexibility arrangement Determination or other appropriate instrument within 14 days after it is agreed toof the Commissioner’s approval. 45.5 24.5 The Company employer or Employee employee may terminate the individual flexibility arrangement: (a) by giving no written notice of not more than 28 days’ written notice days to the other party to the arrangement; or (b) if the Company employer and Employee employee agree in writing, writing – at any time. 24.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexibility arrangement. 25 Variation to Working Arrangements for Groups of Employees 25.1 A group of employees and the agency may agree to depart from the standard approach specified in or developed in accordance with this Agreement, including amongst other matters: (a) hours of work, including rostered days off, restricted duties, flextime or longer and/or more frequent unpaid breaks during the day; (b) commuted salaries or allowances; (c) meal breaks; and (d) leave. 25.2 Agreements to vary working arrangements will: (a) result in more efficient operations; NTPS Aboriginal Health Practitioner 2022 - 2025 Enterprise Agreement (b) be genuinely agreed to by the majority of employees involved; (c) result in employees being better off overall than the employees would have been if no variation had been made; (d) be recorded in writing and approved by the CEO; (e) include a mechanism to terminate and/or review the agreement; and (f) require approval of the Commissioner and implementation via a Determination or other appropriate instrument. 25.3 Employees may choose to be represented by their nominated representative in relation to the development and implementation of working arrangements under this clause. 25.4 Relevant unions will be consulted on proposed arrangements prior to the approval of the Commissioner.

Individual Flexibility Arrangements. 45.1 ‌ 22.1 The Company Employer and an Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rateswithin the span of hours for day workers, work may be extended outside of the ordinary hours for that day and the number of additional hours worked taken off at a later time; (iii) penalty ratesmeal break provisions; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of the employer Employer and Employee employee in relation to one or more of the matters mentioned in 43.1 (a).above; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employeeemployee. 45.2 22.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 45.3 22.3 The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing; and; (b) includes the name of the Company Employer and Employeeemployee; and (c) is signed by the Company Employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: (i) the terms of the enterprise agreement Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 22.4 The Company Employer must give the Employee employee a copy of the individual flexibility arrangement arrangements within 14 days after it is agreed to. 45.5 22.5 The Company Employer or Employee employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ thirteen (13) weeks written notice to the other party to the arrangement; or (b) if the Company Employer and Employee employee agree in writing, writing — at any time. 22.6 The employee will be advised that they may be represented by their relevant Union in relation to making or terminating an arrangement under this clause. The Employer will consult with the Union at least seven (7) days, or as otherwise agreed, prior to entering into an arrangement with the employee. The relevant Union is not required to approve or consent to any flexibility arrangement between the Employer and the employee. 22.7 The right to make an arrangement under this clause is additional to, and does not affect, any other term of this Agreement that provides for an agreement between an Employer and an individual employee. 22.8 Any dispute or difficulty relating to individual flexibility arrangements shall be dealt with as far as practicable and with expedition through the Disputes resolution procedure under clause 23.

Individual Flexibility Arrangements. 45.1 The Company 2.5.1 An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The agreement : the arrangement deals with one or more of the following matters:matters:‌ (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty ratesloadings; (iv) allowances; (v) leave loading; and (b) The and the arrangement meets the genuine needs of the employer Employer and Employee in relation to one or more of the matters mentioned in 43.1 paragraph (a). (c) The ; and the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 2.5.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) : are about permitted matters under section 172 of the FW Act; (b) ; and‌ are not unlawful terms under section 194 of the FW Act; and (c) and result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 2.5.3 The Company Employer must ensure that the individual flexibility arrangement: (a) : is in writing; (b) ; and‌ includes the name of the Company Employer and Employee; and (c) and is signed by the Company Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) and includes details of: (i) the terms of the enterprise agreement Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) and states the day on which the arrangement commences. 45.4 2.5.4 The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 2.5.5 The Company Employer or Employee may terminate the individual flexibility arrangement: (a) : by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) or if the Company Employer and Employee agree in writing, writing – at any time.time.‌

Individual Flexibility Arrangements. 45.1 12.1. The Company Employer and an Employee covered by this Agreement agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) : The agreement deals with one or more of the following matters: (i) arrangements about when work is performed;annual leave, (ii) overtime rates;personal leave, (iii) penalty rates;parental leave, (iv) allowances;compassionate leave, (v) leave loadingjury service; and (b) and The arrangement meets the genuine needs of the employer Employer and Employee in relation to one or more of the matters mentioned in 43.1 paragraph (a). (c) ; and The arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 12.2. The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are : Are about permitted matters under section 172 of the Act; (b) are ; and Are not unlawful terms under section 194 of the Act; and (c) result and Result in the Employee being better off overall than the Employee would be have been if no arrangement was made. 45.3 12.3. The Company Employer must ensure that the individual flexibility arrangement: (a) is : Is in writing; (b) includes ; and Includes the name of the Company Employer and the Employee; and (c) is and Is signed by the Company Employer 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 and Includes details of: (i) the The terms of the enterprise agreement that will be varied by the arrangement;arrangement and (ii) how How the arrangement will vary the effect of the terms; and (iii) how How the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states and States the day on which the arrangement commences. 45.4 12.4. The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 12.5. The Company Employer or an Employee may terminate the individual flexibility arrangement: (a) by : By giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if , or If the Company Employer and the Employee agree in writing, writing — at any time.

Individual Flexibility Arrangements. 45.1 (a) The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (ai) The the agreement deals with one (1) or more of the following matters: (i1) arrangements about when work is performed; (ii2) overtime rates; (iii3) penalty rates; (iv4) allowances; (v5) leave loading; and (bii) The the arrangement meets the genuine needs of the employer Company and the Employee in relation to one (1) or more of the matters mentioned in 43.1 (aclause 10(a)(i).; and (ciii) The the arrangement is genuinely agreed to by the Company and Employee. 45.2 (b) The Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act;; and (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee being better off overall than the Employee they would be if no arrangement was made. 45.3 (c) The Company must ensure that the individual flexibility arrangement: (ai) is in writing; (b) includes the name of the Company and Employee; and (cii) includes the Company’s name and the Employee’s name; and (iii) is signed by the Company and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employeeguardian; and (div) includes details of: (iA) the terms term of the enterprise agreement this Agreement that will be varied by the arrangement;; and (iiB) how the arrangement will vary the effect of the terms; and (iiiC) 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 (eD) states the day on which the arrangement commences. 45.4 (d) The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 (e) The Company or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days’ days written notice to the other party to the arrangement; orOR (bii) if the Company and the Employee agree in writing, writing – at any time.

Individual Flexibility Arrangements. 45.1 (a) The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect application of certain terms of this Agreement to meet the agreement if:genuine individual needs of the Company and the individual Employee. (ab) The agreement deals with one or more terms the Company and the individual Employee may agree to vary the application of the following mattersare those concerning: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances;; and (v) leave loading; and (b) The arrangement meets the genuine needs of the employer and Employee in relation to one or more of the matters mentioned in 43.1 (a). (c) The arrangement is genuinely agreed to by the Company and Employeethe individual Employee must have genuinely made the agreement without coercion or duress. 45.2 (d) The Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act;; and (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee employee being better off overall than the Employee would be if no arrangement was made. 45.3 (e) The Company must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of the Company and Employee; and (ciii) 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 (div) includes details of: (i) : • the terms of the enterprise agreement Agreement that will be varied by the arrangement; (ii) ; and • how the arrangement will vary the effect of the terms; and (iii) and • how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (ev) states the day on which the arrangement commences. 45.4 (f) The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 (g) The Company or Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (bii) if the Company and Employee agree in writing, writing — at any time. (h) An Employee is entitled to be represented in relation to the making of an individual flexibility arrangement under this clause. Where the Company intends to reach any individual flexibility arrangement under this Agreement, and the Employee requests, the Company must inform the MEAA in writing of the Company’s intent to enter such an arrangement and the proposed terms and effects of that arrangement. For the avoidance of doubt, informing the MEAA under this clause does not require that the MEAA approve or consent to the individual flexibility arrangement. (i) Entering into an individual flexibility arrangement must not be made a condition of employment for any prospective Employee.

Individual Flexibility Arrangements. 45.1 The Company and an 8.1 An Employee covered by this Agreement may request Trident to agree to make an individual flexibility arrangement (IFA) to vary the effect of certain terms of the agreement this Agreement if: (a) The agreement the IFA deals with one or more of the following matters: (i) arrangements about when work is performedPart-time employees working less than 50 hours (56 hours for Brisbane Airport) per fortnight in accordance with Clause 12.4(d); (ii) overtime ratesVoluntary contributions or salary sacrifice into superannuation fund in accordance with Clause 22; (iii) penalty ratesShift duration in accordance with Clause 24.2; (iv) allowancesMinimum ten hour break in accordance with Clause 24.3; (v) leave loading; andBroken shifts in accordance with Clause 24.7; (vi) Less than seven days advance notice of roster in accordance with Clause 24.1 O; (vii) Alternative aggregated rates in accordance with SCHEDULE C. (b) The arrangement the IFA meets the genuine needs of the employer Trident and Employee in relation to one or more of the matters mentioned in 43.1 paragraph (a). (c) The arrangement is 8.2 Trident and the Employee must have genuinely agreed to by made the Company and EmployeeIFA without coercion or duress. 45.2 8.3 The Company must ensure that IFA between Trident and the terms of the individual flexibility arrangementEmployee must: (a) are be confined to a variation in the effect of one or more of the terms listed in Clause 8.1; and (b) not be made a condition of engagement. 8.4 Trident must ensure that the IFA: (a) is about matters that would be permitted matters under section 172 of the Act;, 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 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 arrangement was madeIFA were agreed to. 45.3 The Company (d) must ensure that be able to be terminated by either the individual flexibility arrangement:Employee or Trident giving not more than 28 days written notice, or at any time by written agreement between Trident and Employee. (ae) is in writing; (b) includes the name of the Company writing and Employee; and (c) is signed by the Company Employee and Employee Employer, and if the Employee is under 18 years of age18, signed by a parent or guardian of the Employee; and. (df) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how is copied and given to the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 The Company must give the Employee a copy of the individual flexibility arrangement within soon as practicable, but no later than 14 days after it is agreed to. 45.5 (g) is retained by Trident as part of a time and wages record. 8.5 The Company or IFA between Trident and the Employee may terminate the individual flexibility arrangementmust also: (a) by giving no more than 28 days’ written notice state each term of this Agreement that Trident and the Employee have agreed to vary the other party to the arrangement; oreffect of; (b) if detail how the Company application of each term has been varied; (c) detail how the IFA results in the Employee being better off overall in relation to the Employee's terms and Employee agree in writing, at any timeconditions of employment; (d) state the date the IFA commences to operate; and (e) be recorded on the standard template provided as Appendix 1 to this Agreement.

Individual Flexibility Arrangements. 45.1 8.1 The Company and an Employee Employee(s) covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The agreement the Agreement deals with one or more of the following matters: (i) arrangements about when work is performed;; and (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of the employer Company and Employee in relation to one or more of the matters mentioned in 43.1 (aparagraph 8.1(a).; (c) The arrangement is the employer and the employee must genuinely agreed agree, without duress or coercion to any variation of an award provided for by the Company and Employeean agreement. 45.2 (d) an agreement under this clause can only be entered into after the individual Employee has commenced employment with the Company. 8.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 s.172 of the Act;; and (b) are not unlawful terms under section 194 s.194 of the Act; and (c) result in the Employee being better off overall Better Off Overall Test at the time the agreement is made than the Employee would be if no arrangement was made. 45.3 8.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company and Employee; and (c) is signed by the Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the enterprise agreement Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall Better Off Overall Test in relation to the terms and conditions of their employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 45.4 8.4 The Company must keep the agreement as a time and wages record and give the Employee a copy of to the individual flexibility arrangement employee within 14 days after it is agreed toagreed. 45.5 8.5 The Company or Employee may terminate the individual flexibility arrangement: : (a) by giving no more than 28 days’ written notice to the other party to the arrangement; or (b) if the Company and Employee agree in writing, at any time.

Individual Flexibility Arrangements. 45.1 The Company 13.1 NCRG and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) The the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of NCRG and the employer and Employee in relation to one or more of the matters mentioned in 43.1 (asubclause 13.1(a).; and (c) The the arrangement is genuinely agreed to by NCRG and the Company and Employee. 45.2 The Company 13.2 NCRG must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 The Company 13.3 NCRG must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of NCRG and the Company and Employee; and (c) is signed by NCRG and the Company and Employee and 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 this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and; (iii) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 The Company 13.4 NCRG must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 The Company 13.5 Either NCRG or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangementparty; or (b) if the Company and Employee agree at any time by mutual agreement (in writing, at any time).

Individual Flexibility Arrangements. 45.1 6.3.1 The Company and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement to vary the effect of the terms of the agreement Agreement if: (a) The agreement the Agreement deals with one or more of the following matters: (i) arrangements about when work is performed;; and (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and. (b) The the arrangement meets the genuine needs of the employer Employer and Employee in relation to one 1 or more of the matters mentioned in 43.1 paragraph (a).; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employee. 45.2 6.3.2 The Company must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than then the Employee would be if no arrangement was made. 45.3 6.3.3 The Company must ensure that the individual flexibility arrangementIndividual Flexibility Arrangement: (a) is in writing;; and (b) includes the name of the Company and Employee; and (c) is signed by the Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the enterprise agreement Enterprise Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 6.3.4 The Company must give the Employee a copy of the individual flexibility arrangement Individual Flexibility Arrangement within 14 days after it is agreed to. 45.5 6.3.5 The Company or Employee may terminate the individual flexibility arrangementIndividual Flexibility Arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company and Employee agree in writing, writing – at any time. 6.3.6 Where the Company intends to reach any Individual Flexibility Arrangement under this Agreement, the Company must inform in writing, any Union(s) covered by this Agreement of the Company’s intent to enter such an arrangement, at least seven days prior to entering that arrangement. When informing the Union(s) under this sub-clause, the Company must: • include details of the term(s) of the Agreement and / or incorporated Award(s), and which classification of Employees are proposed to be subject to such an arrangement. • not disclose the name of any Employee who the Company proposes to be subject to the Individual Flexibility Arrangement, without the consent of that Employee. For the avoidance of doubt, informing Union(s) under this sub-clause does not mean that those Union(s) must approve or consent to the Individual Flexibility Arrangement.

Individual Flexibility Arrangements. 45.1 The Company 7.1 An Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement agreement to vary the effect of the terms of the agreement this Agreement if: (a) The agreement the Agreement deals with one or more of the following matters: (i) : arrangements about for when work is performed; (ii) ; overtime rates; (iii) ; penalty rates; (iv) ; allowances; (v) ; annual leave loading; and (b) The the arrangement meets the genuine needs of the employer Employer and the Employee in relation to one or more of the matters mentioned in 43.1 (aclause 7.1(a). (c) The arrangement is genuinely agreed to by the Company and Employee. 45.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; and (c) The Employer and the Employee must genuinely agree, without duress or coercion to any variation of the Agreement provided for by an arrangement. 7.2 An arrangement may only be made after the individual Employee has commenced employment with the Employer. 7.3 An Employer who wishes to initiate the making of an arrangement must: (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. 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 arrangement was had not been made. 45.3 The Company 7.5 An arrangement must ensure that do all of the individual flexibility arrangementfollowing: (a) is in writingstate the names of the Employer and the Employee; (b) includes identify the name Agreement term or terms, the application of which is to be varied; (c) set out how the application of the Company and EmployeeAgreement term or terms, is 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 (ce) state the date the arrangement is to start. 7.6 An arrangement must be: (a) in writing; and (b) signed by the Company Employer and the Employee and and, if the Employee is under 18 years of age, signed 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; and. (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; (ii) how 7.8 The Employer must keep the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation as a time and wages record and give a copy to the terms and conditions of their employment as a result of the arrangement; and (e) states the day on which the arrangement commencesEmployee. 45.4 The Company must give the Employee a copy of the individual flexibility 7.9 An arrangement within 14 days after it is agreed to. 45.5 The Company or Employee may terminate the individual flexibility arrangementbe terminated: (a) at any time, by written agreement between the Employer and the Employee; or (b) by the Employer or Employee giving no more than 28 days13 weeks’ written notice to the other party party. 7.10 An arrangement terminated under clause 7.9(b) ceases to have effect at the arrangement; orend of the period of notice required under that clause. (b) if the Company 7.11 The right to make an arrangement under clause 7 is additional to, and Employee agree in writingdoes not affect, at any timeother term of this Agreement that provides for an arrangement between an Employer and an Employee.

Individual Flexibility Arrangements. 45.1 8.1 The Company Employer and an Employee employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if: (a) The the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of the employer Employer and Employee employee in relation to one or more of the matters mentioned in 43.1 (a8.1(a).; and (c) The the arrangement is genuinely agreed to by the Company Employer and Employeeemployee. 45.2 8.2 The Company Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 45.3 8.3 The Company Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company Employer and Employeeemployee; and (c) is signed by the Company Employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 8.4 The Company Employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 8.5 The Company Employer or Employee employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if the Company Employer and Employee employee agree in writing, writing at any time.

Individual Flexibility Arrangements. 45.1 The Company 2.2.1 Coles and an Employee a team member covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) The the agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of Coles and the employer and Employee team member in relation to one 1 or more of the matters mentioned in 43.1 (asubclause 2.2.1(a).; and (c) The the arrangement is genuinely agreed to by Coles and the Company and Employeeteam member. 45.2 The Company 2.2.2 Coles must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee team member being better off overall than the Employee team member would be if no arrangement was made. 45.3 The Company 2.2.3 Coles must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of Coles and the Company and Employeeteam member; and (c) is signed by an authorised representative of Coles and the Company and Employee team member and if the Employee team member is under 18 years of age, signed by a parent or guardian of the Employeeteam member; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee team member will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 The Company 2.2.4 Coles must give the Employee team member a copy of the individual flexibility arrangement within 14 days after it is agreed to. 45.5 The Company 2.2.5 Coles or Employee the team member may terminate the individual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; or (b) if Coles and the Company and Employee team member agree in writing, writing ‐ at any time.. Part 3 – CONSULTATION AND DISPUTE RESOLUTION