Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. 8.1 An Employee and the Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 An individual flexibility arrangement may vary the effect of clause 34 (Hours of Work) and clause 35 (Shift Work). 8.3 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 8.5 The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18, the arrangement must also be signed by a parent or guardian of the Employee. 8.6 The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 The Employer must ensure that any individual flexibility arrangement sets out: (a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect the terms of this Agreement; (c) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement; (d) the day on which the individual flexibility arrangement commences; and (e) provides for the individual flexibility arrangement to be terminated: (i) by either the Employee or Employer giving a specific period of written notice, with the specified period being not more than 28 days; and (ii) at any time by written agreement between the Employee and Employer.

Individual Flexibility Arrangements. 8.1 10.1 An Employee employee and the Employer employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee employee and the Employeremployer. An individual flexibility arrangement must be genuinely agreed to by the Employee employee and Employeremployer. 8.2 10.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: 10.2.1 arrangements about when work is performed (clause 34 (Hours of Work) 37 and clause 35 38); and 10.2.2 salary sacrifice arrangements (Shift Workclause 27).; 8.3 10.3 An Employee employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 10.4 The Employer employer must ensure that the terms of the any 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) arrangement will 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. 8.5 10.5 The Employer employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee employee and Employeremployer. If the Employee employee is under 18, 18 the arrangement must also be signed by a parent or guardian of the Employeeemployee. 8.6 10.6 The Employer employer must give a copy of the individual flexibility arrangement to the Employee employee within 14 days after it is agreed to. 8.7 10.7 The Employer employer must ensure that any individual flexibility arrangement sets out: (a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect 10.7.1 the terms of this Agreemententerprise agreement that will be varied by the arrangement; (c) 10.7.2 how the Employee arrangement will vary the effect of the terms; 10.7.3 how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (d) 10.7.4 the day on which the arrangement commences. 10.8 The employer must ensure that any individual flexibility arrangement: 10.8.1 is about matters that would be permitted matters under section 172 of the Fair Work Xxx 0000 if the arrangement commences; andwere an enterprise agreement; (e) 10.8.2 does not include any term that would be an unlawful term under section 194 of the 10.8.3 provides for the individual flexibility arrangement to be terminated: (ia) by either the Employee employee or Employer employer giving a specific specified period of written notice, with the specified period being not more than 28 days; and (iib) at any time by written agreement between the Employee employee and Employeremployer. 10.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 8.1 An Employee and the Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 . An individual flexibility arrangement may vary the effect of clause 34 (Hours of Work) and clause 35 (Shift Work). 8.3 . An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 . The Employer must ensure that the terms of the individual flexibility arrangement: (a) : are about permitted matters under section 172 of the FW Act; and (b) 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. 8.5 . The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18, the arrangement must also be signed by a parent or guardian of the Employee. 8.6 . The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 . The Employer must ensure that any individual flexibility arrangement sets out: (a) : which terms of this Agreement will be affected or varied by the individual flexibility arrangement; (b) ; how the individual flexibility arrangement will vary or affect the terms of this Agreement; (c) ; how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement; (d) ; the day on which the individual flexibility arrangement commences; and (e) and provides for the individual flexibility arrangement to be terminated: (i) : by either the Employee or Employer giving a specific period of written notice, with the specified period being not more than 28 days; and (ii) and at any time by written agreement between the Employee and Employer.

Individual Flexibility Arrangements. 8.1 (a) An Employee and the an Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 (b) An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (i) Taking of long service leave in single days (clause 34 37) (Hours ii) Taking of Workannual leave in single days (clause 32) (iii) Public Holidays (clause 38) the Employer and Employee may agree to substitute another day for any prescribed in this clause 35 (Shift Work)for recognised day/s of religious significance. 8.3 (c) An Employee may nominate a representative including HACSU to assist in negotiations for an individual flexibility arrangement. 8.4 (d) The Employer must ensure that the terms of the any 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) arrangement will result in the Employee being better off overall than the Employee would be have been if no individual flexibility arrangement was madewere agreed to. 8.5 (e) The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under the age of 18, the arrangement agreement must also be signed by a the Employee's parent or guardian of the Employeeguardian. 8.6 (f) The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 (g) The Employer must ensure that any individual flexibility arrangement sets out: (ai) which the terms of this Agreement enterprise agreement that will be affected or varied by the individual flexibility arrangement; (bii) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (ciii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (div) the day on which the arrangement commences. (h) The arrangement must be genuinely agreed to by the Employer and the individual Employee and not entered into under duress. (i) The arrangement can only be entered into after the Employee has commenced employment with the Employer. (j) The Employer must ensure that any individual flexibility arrangement: (i) is about matters that would be permitted matters under section 172 of the FW Act if the arrangement commenceswere an enterprise agreement; (ii) does not include any term that would be an unlawful term under section 194 of the FW Act if the arrangement were an enterprise agreement; and (eiii) provides for the individual flexibility arrangement to be terminated: (iA) by either the Employee or Employer giving a specific specified period of written notice, with the specified period being not more than 28 days; andor (iiB) at any time by written agreement between the Employee and Employer.

Individual Flexibility Arrangements. 8.1 An Employee and the Employer Library may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the EmployerLibrary. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 the Library. An individual flexibility arrangement may vary the effect of clause 34 40 (Ordinary Hours of Work) and clause 35 (Shift Work). 8.3 . An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 . The Employer Library must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 8.5 . The Employer Library must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employerthe Library. If the Employee is under 18, the arrangement must also be signed by a parent or guardian of the Employee. 8.6 . The Employer Library must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 . The Employer Library must ensure that any individual flexibility arrangement sets out: (a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement;; and (b) how the individual flexibility arrangement will vary or affect the terms of this Agreement;; and (c) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the individual flexibility arrangement;; and (d) the day on which the individual flexibility arrangement commences; and (e) provides for the individual flexibility arrangement to be terminated: (i) by either the Employee or Employer the Library giving a specific period of written notice, with the specified period being not more than 28 days; and (ii) at any time by written agreement between the Employee and Employerthe Library.

Individual Flexibility Arrangements. 8.1 (a) An Employee and the an Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 (b) An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (i) Taking of long service leave in single days (clause 34 36) (Hours ii) Taking of Workannual leave in single days (clause 31) (iii) Public Holidays (clause 37) the Employer and Employee may agree to substitute another day for any prescribed in this clause 35 (Shift Work)for recognised day/s of religious significance. 8.3 (c) An Employee may nominate a representative including HACSU to assist in negotiations for an individual flexibility arrangement. 8.4 (d) The Employer must ensure that the terms of the any 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) arrangement will result in the Employee being better off overall than the Employee would be have been if no individual flexibility arrangement was madewere agreed to. 8.5 (e) The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under the age of 18, the arrangement agreement must also be signed by a the Employee's parent or guardian of the Employeeguardian. 8.6 (f) The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 (g) The Employer must ensure that any individual flexibility arrangement sets out: (ai) which the terms of this Agreement enterprise agreement that will be affected or varied by the individual flexibility arrangement; (bii) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (ciii) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the individual flexibility arrangement;; and (div) the day on which the arrangement commences. (h) The arrangement must be genuinely agreed to by the Employer and the individual Employee and not entered into under duress. (i) The arrangement can only be entered into after the Employee has commenced employment with the Employer. (j) The Employer must ensure that any individual flexibility arrangement: (i) is about matters that would be permitted matters under section 172 of the FW Act if the arrangement commenceswere an enterprise agreement; (ii) does not include any term that would be an unlawful term under section 194 of the FW Act if the arrangement were an enterprise agreement; and (eiii) provides for the individual flexibility arrangement to be terminated: (iA) by either the Employee or Employer giving a specific specified period of written notice, with the specified period being not more than 28 days; andor (iiB) at any time by written agreement between the Employee and Employer.

Individual Flexibility Arrangements. 8.1 An Employee and the Employer Library may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the EmployerLibrary. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 the Library. An individual flexibility arrangement may vary the effect of clause 34 (21 Hours of Work) Work and clause 35 (Shift Work). 8.3 Related Matters. An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 . The Employer Library must ensure that the terms of the individual flexibility arrangement: (a) are : • Are about permitted matters under section 172 of the FW Fair Work Act; and (b) are and • Are not unlawful terms under section 194 of the FW Fair Work Act; and (c) result and • Result in the Employee being better off overall than the Employee would be if no arrangement was made. 8.5 . The Employer Library must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employerthe Library. If the Employee is under 18, the arrangement must also be signed by a parent or guardian of the Employee. 8.6 . The Employer Library must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 . The Employer Library must ensure that any individual flexibility arrangement sets out: (a) which Which terms of this Agreement will be affected or varied by the individual flexibility arrangement; (b) how How the individual flexibility arrangement will vary or affect the terms of this Agreement; (c) how How the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement; (d) the The day on which the individual flexibility arrangement commences; and (e) provides Provides for the individual flexibility arrangement to be terminated: (i) by : • By either the Employee or Employer the Library giving a specific period of written notice, with the specified period being not more than 28 days; and (ii) at and • At any time by written agreement between the Employee and Employerthe Library.

Individual Flexibility Arrangements. 8.1 An Employee and the Employer 6.1 The terms in clause 26 of this Agreement may enter into be varied by an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee Employer and the Employer. An individual flexibility arrangement must be employee that is genuinely agreed to by the Employee Employer and Employeremployee. 8.2 An individual flexibility arrangement may vary the effect of clause 34 (Hours of Work) and clause 35 (Shift Work). 8.3 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are is about permitted matters under section 172 of the FW Act; and (b) are does not contain a term that is an unlawful terms term 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.; and 8.5 The Employer must ensure that an individual flexibility arrangement d) is in writing writing; and e) includes the name of the Employer and the employee; and f) is signed by the Employee Employer and Employer. If employee and, if the Employee employee is under 1818 years of age, the arrangement must also be signed by a parent or guardian of the Employee.employee; and 8.6 The Employer must give a copy g) includes details of: i) the terms of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 The Employer must ensure Agreement that any individual flexibility arrangement sets out: (a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement;; and (bii) how the individual flexibility arrangement will vary or affect the terms effect of this Agreement;the terms; and (ciii) how the Employee employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (dh) states the day on which the individual flexibility arrangement commences; and. (e) provides for 6.3 A copy of the individual flexibility arrangement must be given to be terminatedthe employee within 14 days of it being agreed to. 6.4 The Employer or employee may terminate the individual flexibility arrangement: (ia) by either the Employee or Employer giving a specific period of written notice, with the specified period being not no more than 28 daysdays written notice to the other party to the arrangement; andor (iib) if the employee and the Employer agree in writing – at any time by written agreement between time; 6.5 An employee is entitled to be represented in relation to the Employee making of an individual flexibility arrangement under this clause. Where the Employer intends to reach any individual flexibility arrangement under this Agreement, and the employee requests, the Employer must inform the MEAA in writing of the Employer’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. 6.6 Entering into an individual flexibility arrangement must not be made a condition of employment for any prospective employee.

Individual Flexibility Arrangements. 8.1 7.1 An Employee and the Employer may enter into an individual flexibility arrangement pursuant to this clause 7 in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 7.2 An individual flexibility arrangement may vary the effect of clause 34 one (Hours 1) or more of Workthe following terms of this Agreement: (a) and clause 35 arrangements for transition to retirement; (Shift Work)b) arrangements for when work is performed; (c) leave so long as the arrangement does not contravene the NES; (d) higher duties; (e) overtime rates; (f) penalty rates; (g) allowances; (h) annual leave loading; and 7.3 An Employer who wishes to initiate the making of an individual flexibility 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. 8.3 7.4 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 7.5 The Employer must ensure that the terms of the any 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) arrangement will result in the Employee being better off overall than the Employee would be have been if no individual flexibility arrangement was madewere agreed to. 8.5 7.6 The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18, 18 the arrangement must also be signed by a parent or guardian of the Employee. 8.6 7.7 The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 7.8 The Employer must ensure that any individual flexibility arrangement sets out: (a) which the terms of this Agreement that will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (c) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the individual flexibility arrangement; (d) the day on which the individual flexibility arrangement commences; and (e) the length of operation (if applicable). 7.9 The Employer must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Act; (b) does not include any term that would be an unlawful term under section 194 of the Act; and (c) provides for the individual flexibility arrangement to be terminated: (i) by either the Employee or Employer giving a specific specified period of written notice, with the specified period being not more than 28 days; and (ii) at any time by written agreement between the Employee and Employer.

Individual Flexibility Arrangements. 8.1 An Employee employee and the Employer may enter into agree to make an individual flexibility arrangement pursuant to this clause to vary the effect of terms of this Agreement: a) if the arrangement deals with: i. payment options for Long Service Leave in order to meet accordance with clause 34 of this Agreement; or ii. additional leave in accordance with clause 35 (Purchased Leave) of this Agreement; or iii. payment options for Parental Leave in accordance with clause 40 of this Agreement;and b) the arrangement meets the genuine needs of both the Employee employee and Employer in relation to the Employer. An individual flexibility matters mentioned in sub clause 8.1 a); and c) the arrangement must be is genuinely agreed to by the Employee employee and Employer. 8.2 . An individual flexibility arrangement may vary the effect of clause 34 (Hours of Work) and clause 35 (Shift Work). 8.3 An Employee employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 . The Employer must ensure that the terms of the any 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) arrangement will result in the Employee employee being better off overall than the Employee employee would be have been if no individual flexibility arrangement was made. 8.5 were agreed to. The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee employee and Employer. If the Employee employee is under 18, 18 the arrangement must also be signed by a parent or guardian of the Employee. 8.6 employee. The Employer must give a copy of the individual flexibility arrangement to the Employee employee within 14 days after it is agreed to. 8.7 . The Employer must ensure that any individual flexibility arrangement sets out: (a) which the terms of this Agreement that will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (c) how the Employee employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (d) the day on which the arrangement commences. The Employer must ensure that any individual flexibility arrangement: a) is about matters that would be permitted matters under section 172 of the FW Act if the arrangement commenceswere an enterprise agreement; b) does not include any term that would be an unlawful term under section 194 of the FW Act if the arrangement were an enterprise agreement; andor (ec) provides for the individual flexibility arrangement to be terminated: (i) i. by either the Employee employee or Employer giving a specific period of written notice, with the specified notice period being not more than 28 days; andor (ii) . at any time by written agreement between the Employee employee and Employer.

Individual Flexibility Arrangements. 8.1 (a) An Employee and the an Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 (b) An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (i) Taking of long service leave in single days (clause 34 39) (Hours ii) Taking of Workannual leave in single days (clause 34) (iii) Public Holidays (clause 40) the Employer and Employee may agree to substitute another day for any prescribed in this clause 35 (Shift Work)for recognised day/s of religious significance. 8.3 (c) An Employee may nominate a representative including HACSU to assist in negotiations for an individual flexibility arrangement. 8.4 (d) The Employer must ensure that the terms of the any 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) arrangement will result in the Employee being better off overall than the Employee would be have been if no individual flexibility arrangement was madewere agreed to. 8.5 (e) The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under the age of 18, the arrangement agreement must also be signed by a the Employee's parent or guardian of the Employeeguardian. 8.6 (f) The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 (g) The Employer must ensure that any individual flexibility arrangement sets out: (ai) which the terms of this Agreement enterprise agreement that will be affected or varied by the individual flexibility arrangement; (bii) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (ciii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (div) the day on which the arrangement commences. (h) The arrangement must be genuinely agreed to by the Employer and the individual Employee and not entered into under duress. (i) The arrangement can only be entered into after the Employee has commenced employment with the Employer. (j) The Employer must ensure that any individual flexibility arrangement: (i) is about matters that would be permitted matters under section 172 of the FW Act if the arrangement commenceswere an enterprise agreement; (ii) does not include any term that would be an unlawful term under section 194 of the FW Act if the arrangement were an enterprise agreement; and (eiii) provides for the individual flexibility arrangement to be terminated: (iA) by either the Employee or Employer giving a specific specified period of written notice, with the specified period being not more than 28 days; andor (iiB) at any time by written agreement between the Employee and Employer.

Individual Flexibility Arrangements. 8.1 An 12.1.1 The Employer and an Employee and the Employer covered by this Agreement may enter into agree to make an individual flexibility arrangement pursuant to this clause in order to meet vary the genuine needs effect of both the Employee and Agreement if: a. the Employer. An individual flexibility arrangement must be varies the effect of one or more of the terms of the Agreement dealing with the following matters: i. arrangements about when work is performed (including rosters and the arrangement of free days, provided that the minimum number of free days is not less than four per fortnight); ii. overtime rates; iii. penalty rates; iv. allowances; v. leave loading; and b. the arrangement is genuinely agreed to by the Employee Employer and Employerthe Employee. 8.2 An 12.1.2 Prior to entering into an arrangement, the employee may request that the ABC provide, to the extent practicable, an estimate of the payments they would have been entitled to for the prospective year based, as far as possible, on the pattern of hours they will be expected to work. 12.1.3 The Employee will be advised of their right to representation in negotiating the arrangement. 12.1.4 The salary rate determined under an individual flexibility arrangement may vary will be regarded as salary for superannuation purposes in accordance with the effect of clause 34 (Hours of Work) and clause 35 (Shift Work)relevant legislation. 8.3 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 12.1.5 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are a. is about permitted matters under section 172 of the FW Act; and (b) are not b. has no unlawful terms under section 194 of the FW Act; and (c) result c. results in the Employee being better off overall overall, compared to this Enterprise Agreement, than the Employee would be if no arrangement was made. 8.5 12.1.6 The Employer must ensure that an the individual flexibility arrangement arrangement: a. is in writing writing; and b. includes the name of the Employer and the Employee; and c. is signed by the Employer and Employee and Employer. If and, if the Employee is under 1818 years of age, the arrangement must is also be signed by a parent or guardian of the Employee.; and 8.6 The Employer must give a copy d. includes details of: i. the terms of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 The Employer must ensure enterprise agreement that any individual flexibility arrangement sets out: (a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement;; and (b) ii. how the individual flexibility arrangement will vary or affect the terms effect of this Agreement;the terms; and (c) iii. how the Employee employee will be better off overall under this Enterprise Agreement in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (d) iv. states the day on which the individual flexibility arrangement commences; and. (e) provides for 12.1.7 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 12.1.8 The right to be terminatedmake an arrangement pursuant to this clause is in addition to, and is not intended to otherwise effect, any provision for an agreement between an employer and an individual employee contained in any other term of this Agreement. 12.1.9 The Employer or Employee may terminate the individual flexibility arrangement: (i) a. by either the Employee or Employer giving a specific period of written notice, with the specified period being not no more than 28 days’ written notice to the other party to the arrangement; andor (ii) b. if the Employer and Employee agree in writing – at any time by written agreement between the Employee and Employertime.

Individual Flexibility Arrangements. 8.1 10.1 An Employee employee and the Employer employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee employee and the Employeremployer. An individual flexibility arrangement must be genuinely agreed to by the Employee employee and Employeremployer. 8.2 10.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: 10.2.1 arrangements about when work is performed (clause 34 (Hours of Work) 37 and clause 35 38); and 10.2.2 salary sacrifice arrangements (Shift Workclause 27).; 8.3 10.3 An Employee employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 10.4 The Employer employer must ensure that the terms of the any 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) arrangement will 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. 8.5 10.5 The Employer employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee employee and Employeremployer. If the Employee employee is under 18, 18 the arrangement must also be signed by a parent or guardian of the Employeeemployee. 8.6 10.6 The Employer employer must give a copy of the individual flexibility arrangement to the Employee employee within 14 days after it is agreed to. 8.7 10.7 The Employer employer must ensure that any individual flexibility arrangement sets out: (a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect 10.7.1 the terms of this Agreemententerprise agreement that will be varied by the arrangement; (c) 10.7.2 how the Employee arrangement will vary the effect of the terms; 10.7.3 how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (d) 10.7.4 the day on which the arrangement commences. 10.8 The employer must ensure that any individual flexibility arrangement: 10.8.1 is about matters that would be permitted matters under section 172 of the Fair Work Act 2009 if the arrangement commences; andwere an enterprise agreement; (e) 10.8.2 does not include any term that would be an unlawful term under section 194 of the 10.8.3 provides for the individual flexibility arrangement to be terminated: (ia) by either the Employee employee or Employer employer giving a specific specified period of written notice, with the specified period being not more than 28 days; and (iib) at any time by written agreement between the Employee employee and Employeremployer. 10.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 8.1 33.1 An Employee and the Employer Company may enter into agree to an arrangement (individual flexibility arrangement pursuant arrangement) varying the effect of certain terms as listed below of this Agreement in relation to this clause the Employee and the Company, in order to meet the genuine needs of both the Employee and the Employer. An Company. 33.2 The Company must ensure that any individual flexibility arrangement must be entered into under this term will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement was made. 33.3 If it is genuinely agreed to by the Employee and Employer. 8.2 An the Company, the individual flexibility arrangement may vary can deal with one or more of the effect of clause 34 (Hours of Work) following matters: • arrangements for when work is performed; • overtime rates; • penalty rates; • allowances; and clause 35 (Shift Work)• leave loading. 8.3 An Employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 33.4 The Employer Company must ensure that the terms of the any individual flexibility arrangementarrangement made under this term: (a) are 33.4.1 Is about permitted matters under section 172 of the FW Act; andFair Work Act 2009; (b) are 33.4.2 Does not unlawful terms under section 194 contain a term which is a Prohibited Matter, or an Unlawful Term or a Discriminatory Term as defined within the Fair Work Act 2009; 33.4.3 Includes details of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 8.5 The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18, the arrangement must also be signed by a parent or guardian of the Employee. 8.6 The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 The Employer must ensure that any individual flexibility arrangement sets out: (a) which terms of this Agreement that will be affected or varied by the individual flexibility arrangement; (b) , how the individual flexibility arrangement will vary or affect the effect of the terms of this Agreement; (c) and how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement; (d) 33.4.4 States the day on which the individual flexibility arrangement commences; andis to commence; (e) provides for 33.4.5 Be in writing and signed by the individual flexibility arrangement to employer and employee, and if the employee is under 18, by a parent or guardian of the employee; 33.4.6 Can be terminated: (i) terminated by either the Employee or Employer party by giving a specific period written notice of written notice, with the specified period being not more than 28 days; and; (ii) 33.4.7 Can be terminated at any time by written agreement between the parties if they agree. 33.4.8 A copy of an individual flexibility arrangement agreed to by the Employee and Employerthe Company must be given to the Employee within 14 days after it is agreed. 33.5 Except for the requirement for a parent or guardian to execute the agreement on behalf of employees under the age of 18, the employer must ensure that any individual flexibility arrangement made by an employer and an employee under this term does not require the approval or consent of another person.

Individual Flexibility Arrangements. 8.1 10.1 An Employee employee and the Employer employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee employee and the Employeremployer. An individual flexibility arrangement must be genuinely agreed to by the Employee employee and Employeremployer. 8.2 10.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: 10.2.1 arrangements about when work is performed (clause 34 (Hours of Work) 37 and clause 35 38); and 10.2.2 salary sacrifice arrangements (Shift Workclause 27).; 8.3 10.3 An Employee employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 10.4 The Employer employer must ensure that the terms of the any 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) arrangement will 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. 8.5 10.5 The Employer employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee employee and Employeremployer. If the Employee employee is under 18, 18 the arrangement must also be signed by a parent or guardian of the Employeeemployee. 8.6 10.6 The Employer employer must give a copy of the individual flexibility arrangement to the Employee employee within 14 days after it is agreed to. 8.7 10.7 The Employer employer must ensure that any individual flexibility arrangement sets out: (a) which terms of this Agreement will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect 10.7.1 the terms of this Agreemententerprise agreement that will be varied by the arrangement; (c) 10.7.2 how the Employee arrangement will vary the effect of the terms; 10.7.3 how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (d) 10.7.4 the day on which the arrangement commences. 10.8 The employer must ensure that any individual flexibility arrangement: 10.8.1 is about matters that would be permitted matters under section 172 of the Fair Work Xxx 0000 if the arrangement commenceswere an enterprise agreement; 10.8.2 does not include any term that would be an unlawful term under section 194 of the Fair Work Xxx 0000 as if the arrangement were an enterprise agreement; and (e) 10.8.3 provides for the individual flexibility arrangement to be terminated: (ia) by either the Employee employee or Employer employer giving a specific specified period of written notice, with the specified period being not more than 28 days; and (iib) at any time by written agreement between the Employee employee and Employeremployer. 10.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 8.1 (a) An Employee and the an Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 (b) An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (i) Taking of long service leave in single days (clause 34 38) (Hours ii) Taking of Workannual leave in single days (clause 33) (iii) Public Holidays (clause 39) the Employer and Employee may agree to substitute another day for any prescribed in this clause 35 (Shift Work)for recognised day/s of religious significance. 8.3 (c) An Employee may nominate a representative including HACSU to assist in negotiations for an individual flexibility arrangement. 8.4 (d) The Employer must ensure that the terms of the any 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) arrangement will result in the Employee being better off overall than the Employee would be have been if no individual flexibility arrangement was madewere agreed to. 8.5 (e) The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under the age of 18, the arrangement agreement must also be signed by a the Employee's parent or guardian of the Employeeguardian. 8.6 (f) The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 (g) The Employer must ensure that any individual flexibility arrangement sets out: (ai) which the terms of this Agreement enterprise agreement that will be affected or varied by the individual flexibility arrangement; (bii) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (ciii) how the Employee will be better off overall in relation to the terms and conditions of his or her theirtheir employment as a result of the individual flexibility arrangement;; and (div) the day on which the arrangement commences. (h) The arrangement must be genuinely agreed to by the Employer and the individual Employee and not entered into under duress. (i) The arrangement can only be entered into after the Employee has commenced employment with the Employer. (j) The Employer must ensure that any individual flexibility arrangement: (i) is about matters that would be permitted matters under section 172 of the FW Act if the arrangement commenceswere an enterprise agreement; (ii) does not include any term that would be an unlawful term under section 194 of the FW Act if the arrangement were an enterprise agreement; and (eiii) provides for the individual flexibility arrangement to be terminated: (iA) by either the Employee or Employer giving a specific specified period of written notice, with the specified period being not more than 28 days; and (ii) or at any time by written agreement between the Employee and EmployerandEmployer.

Individual Flexibility Arrangements. 8.1 21.1 An Employee employee and the an Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee employee and Employer. 8.2 21.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (a) professional development leave (clause 34 70) (Hours of Workb) higher duties (clause 51) (c) arrangements for when work is performed (clauses 54.1 and clause 35 (Shift Work54.2). 8.3 21.3 An Employee employee may nominate a representative including the Union to assist in negotiations for an individual flexibility arrangement. 8.4 21.4 The Employer must ensure that the terms of the any 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) arrangement will 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. 8.5 21.5 The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee employee and Employer. If the Employee employee is under 18, 18 years the individual flexibility arrangement must also be signed by a parent or guardian of the Employeeemployee. 8.6 21.6 The Employer must give a copy of the individual flexibility arrangement to the Employee employee within 14 days after it is agreed to. 8.7 21.7 The Employer must ensure that any individual flexibility arrangement sets out: (a) which the terms of this Agreement enterprise agreement that will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (c) how the Employee employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the individual flexibility arrangement;; and (d) the day on which the arrangement commences. 21.8 The Employer 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 commenceswere 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 (ec) provides for the individual flexibility arrangement to be terminated: (i) by either the Employee employee or Employer giving a specific specified period of written notice, with the specified period being not more than 28 days; and (ii) at any time by written agreement between the Employee employee and Employer. 21.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role, unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 8.1 a. An Employee and the an Employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee and the Employer. An individual flexibility arrangement must be genuinely agreed to by the Employee and Employer. 8.2 b. An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: (i) professional development leave (clause 34 73) (Hours ii) higher duties (clause 52) (iii) ordinary hours of Work) and work (clause 35 (Shift Work55.1). 8.3 c. An Employee may nominate a representative including the Union to assist in negotiations for an individual flexibility arrangement. 8.4 d. The Employer must ensure that the terms of the any 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) arrangement will result in the Employee being better off overall than the Employee would be have been if no individual flexibility arrangement was madewere agreed to. 8.5 e. The Employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee and Employer. If the Employee is under 18, 18 years the individual flexibility arrangement must also be signed by a parent or guardian of the Employee. 8.6 f. The Employer must give a copy of the individual flexibility arrangement to the Employee within 14 days after it is agreed to. 8.7 g. The Employer must ensure that any individual flexibility arrangement sets out: (ai) which the terms of this Agreement enterprise agreement that will be affected or varied by the individual flexibility arrangement; (bii) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (ciii) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the individual flexibility arrangement;; and (div) the day on which the arrangement commences. h. The Employer must ensure that any individual flexibility arrangement: (i) is about matters that would be permitted matters under section 172 of the Act if the arrangement commenceswere an enterprise agreement; (ii) 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 (eiii) provides for the individual flexibility arrangement to be terminated: (iA) by either the Employee or Employer giving a specific specified period of written notice, with the specified period being not more than 28 days; and (iiB) at any time by written agreement between the Employee and Employer. i. An individual flexibility arrangement may be expressed to operate for a specified term or while the Employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the Employee ceases to perform the specified role, unless terminated earlier on notice or by agreement.

Individual Flexibility Arrangements. 8.1 6.1 An Employee employee and the Employer employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of both the Employee employee and the Employeremployer. An individual flexibility arrangement must be genuinely agreed to by the Employee employee and Employeremployer. 8.2 6.2 An individual flexibility arrangement may vary the effect of clause 34 one or more of the following terms of this enterprise agreement: (Hours of Worka) and clause 35 arrangements for when work is performed; (Shift Work)b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. 8.3 6.3 An Employee employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 8.4 6.4 The Employer employer must ensure that the terms of the any 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) arrangement will 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. 8.5 6.5 The Employer employer must ensure that an individual flexibility arrangement is in writing and signed by the Employee employee and Employeremployer. If the Employee employee is under 18, 18 the arrangement must also be signed by a parent or guardian of the Employeeemployee. 8.6 6.6 The Employer employer must give a copy of the individual flexibility arrangement to the Employee employee within 14 days after it is agreed to. 8.7 6.7 The Employer employer must ensure that any individual flexibility arrangement sets out: (a) which the terms of this Agreement enterprise agreement that will be affected or varied by the individual flexibility arrangement; (b) how the individual flexibility arrangement will vary or affect the terms effect of this Agreementthe terms; (c) how the Employee employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the individual flexibility arrangement;; and (d) the day on which the arrangement commences. 6.8 The employer must ensure that any individual flexibility arrangement: (a) is about matters that would be permitted matters under section 172 of the Fair Work Xxx 0000 if the arrangement commenceswere an enterprise agreement; (b) does not include any term that would be an unlawful term under section 194 of the Fair Work Xxx 0000 if the arrangement were an enterprise agreement; and (ec) provides for the individual flexibility arrangement to be terminated: (id) by either the Employee employee or Employer employer giving a specific specified period of written notice, with the specified period being not more than 28 days; and (iie) at any time by written agreement between the Employee employee and Employeremployer. (f) An individual flexibility arrangement may be expressed to operate for a specified term or while the employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role unless terminated earlier on notice or by agreement.