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 The Company 30.1 An employer and an Employee 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 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 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 the Company employer and Employeeemployee. 45.2 30.2 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 30.3 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 his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 45.4 30.4 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 30.5 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, —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 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 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 The Company (a) An 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: (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 Employer and Employee employee in relation to one (1) or more of the matters mentioned in 43.1 subclause 46(a)(i); and (a)iii) the Employer and the individual employee must have genuinely made the agreement without coercion or duress. (cb) 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: (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 employee would be if no arrangement was made. 45.3 (c) The Company Employer must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of the Company Employer and Employeeemployee; and (ciii) 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 (div) includes details of: (i1) the terms of the enterprise agreement that will be varied by the arrangement;; and (ii2) how the arrangement will vary the effect of the terms; and (iii3) 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 (ev) states the day on which the arrangement commences. 45.4 (d) 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 (e) The Company Employer or Employee 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 (b) if the Company and Employee agree in writing, at any time.

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 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 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 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 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 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 Agreement if: (a) The agreement the Individual Flexibility Arrangement deals with one 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 the arrangement meets the genuine needs of the employer Employer and 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 Employer and an Employee. 45.2 8.2. The Company Employer must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement: (a) are about permitted matters under section 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 an Employee; and (c) 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 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 employment as a result of the arrangement; and (e) states 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 Individual Flexibility Arrangement within 14 days after it is agreed to. 45.5 8.5. 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 If the Company Employer and an 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 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 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 ‌ 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 The Company 9.1.1 An employer and an Employee 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 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 and Employee 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 employer and Employeeemployee, without coercion or duress. 45.2 9.1.2 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 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 9.1.3 The Company employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company employer and 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 date on which the arrangement commences. 45.4 9.1.4 Except as provided in clause 9.1.3(c), an arrangement must not require the approval or consent of a person other than the employer and the employee. 9.1.5 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 9.1.6 The Company employer must retain a copy of the arrangement as time and wages record. 9.1.7 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. 9.1.8 The employer or Employee 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 employer and Employee employee agree in writing, writing – at any time.

Individual Flexibility Arrangements. 45.1 The Company ‌ 13.1 SSA 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 13.1.1 the agreement deals with one 1 or more of the following matters:matters:‌ (ia) arrangements about when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances; (ve) leave loading; and (b) The 13.1.2 the arrangement meets the genuine needs of SSA and the employer and Employee in relation to one 1 or more of the matters mentioned in 43.1 (a).Clause 13.1.1; and (c) The 13.1.3 the arrangement is genuinely agreed to by SSA and the Company and Employee. 45.2 The Company 13.2 SSA must ensure that the terms of the individual flexibility arrangement: (a) 13.2.1 are about permitted matters under section 172 of the FW Act;; and (b) 13.2.2 are not unlawful terms under section 194 of the FW Act; and (c) 13.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 45.3 The Company 13.3 Except as provided in clause 13.4.3, an agreement must not require the approval or consent of a person other than the employer and the Employee. 13.4 SSA must ensure that the individual flexibility arrangement: (a) 13.4.1 is in writing;; and (b) 13.4.2 includes the name of SSA and the Company and Employee; and (c) 13.4.3 is signed by SSA 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, and‌ (d) 13.4.4 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 (e) 13.4.5 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 The Company 3.4.1. An Employer and an Employee 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: (ai) The 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 i. the arrangement meets the genuine needs of the employer Employer and Employee employee in relation to one (1) or more of the matters mentioned in 43.1 paragraph (a).i) above; and (c) The ii. the arrangement is genuinely agreed to by the Company Employer and Employeeemployee. 45.2 3.4.2. The Company Employer 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 employee would be if no arrangement was made. 45.3 3.4.3. The Company Employer must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of the Company Employer and Employeeemployee; and (ciii) 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 (div) 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 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 (ev) states the day on which the arrangement commences. 45.4 3.4.4. 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 3.4.5. The Company Employer or Employee 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 Employer and Employee employee agree in writing, writing — at any time.

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.