Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. 16.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction duty; (iv) overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine needs of the employer and the employee; and (c) is genuinely agreed to by the CEO and the employee. 16.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about matters that would be permitted matters if the arrangement were an enterprise agreement; (b) do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (c) results in the employee being better off overall than the employee would have been if no flexibility arrangement were agreed to. 16.3 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes details of: (i) the terms of the 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 (d) the period of operation of the arrangement. 16.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination or other appropriate instrument and the CEO must give the employee a copy of the determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days to the other party to the arrangement; or (b) if the CEO and the employee agree in writing – at any time. 16.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangement.

Individual Flexibility Arrangements. 16.1 17.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction duty; (iv) overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine needs of the employer and the employee; and (c) is genuinely agreed to by the CEO and the employee. 16.2 17.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about matters that would be permitted matters if the arrangement were an enterprise agreement; (b) do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (c) results in the employee being better off overall than the employee would have been if no flexibility arrangement were agreed to. 16.3 17.3 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes details of: (i) the terms of the 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 (d) the period of operation of the arrangement. 16.4 17.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination or other appropriate instrument and the CEO must give the employee a copy of the determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 17.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days to the other party to the arrangement; or (b) if the CEO and the employee agree in writing – writing, at any time. 16.6 17.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangement.

Individual Flexibility Arrangements. 16.1 6.1 The CEO Chief Executive Officer and an employee covered by this Agreement may agree to make an individual flexibility arrangement (an Individual Flexibility Arrangement) to vary the effect of terms of this Agreement if the arrangementif: (a) the arrangement deals with one or more of the following matters of this Agreementmatters: (i) arrangements about when work is performed; (ii) meal breaksremuneration; (iii) restriction duty; (iv) overtime rates; (viv) recreation leave loadingallowances, including the annualisation and incorporation of any relevant allowance into salary, where it is provided for under this Agreement; (viv) penaltiesleave; or (vii) allowances.and (b) the arrangement meets the genuine needs of the employer IBA and the employee; and (c) is genuinely agreed employee in relation to by one or more of the CEO and the employeematters set out in subclause 6.1(a). 16.2 6.2 The employer Chief Executive Officer must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement: (a) are about matters that would be permitted matters if under section 172 of the arrangement were an enterprise agreement;Fair Work Act 2009; and (b) do are not include a term that would be an unlawful term if terms under section 194 of the arrangement were an enterprise agreementFair Work Act 2009; and (c) results result in the employee being better off overall than the employee would have been be if no flexibility arrangement were agreed towas made. 16.3 6.3 The CEO Chief Executive Officer must ensure that the individual flexibility arrangementIndividual Flexibility Arrangement: (a) is in writing;; and (b) includes the name of the employer and employee; and (c) is signed by the CEO IBA and the employee (and if the employee is under 18 years of age, signed by a parent or guardian of the employee;); and (cd) includes details of: (i) the terms of the 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 will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (div) states the period of operation of day on which the arrangementarrangement commences and, where applicable, when the arrangement xxxxxx. 16.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination or other appropriate instrument and the CEO 6.4 The Chief Executive Officer must give the employee a copy of the determination or other appropriate instrument Individual Flexibility Arrangement within 14 days of the Commissioner’s approvalafter it is agreed to. 16.5 6.5 The CEO Chief Executive Officer or employee may terminate the individual flexibility arrangementIndividual Flexibility Arrangement: (a) by giving written notice of not no more than 28 days written notice to the other party to the arrangement; or (b) if the CEO Chief Executive Officer and the employee agree in writing – at any time. 16.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangement.

Individual Flexibility Arrangements. 16.1 69.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction duty; (iv) payment for overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) allowancestaken as pay or time off in lieu of payment. (b) meets the genuine needs of the employer employee and the employee; andemployer; (c) is genuinely agreed to by the CEO and the employee. 16.2 The employer must ensure that the terms of the individual flexibility arrangement:; (ad) are is about matters that would be permitted matters if the arrangement were an enterprise agreement; (be) do does not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (cf) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 16.3 69.2 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes details of: (i) the terms of the 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 employment as a result of the arrangement; and (d) states the period of operation of the arrangement. 16.4 69.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination Determination or other appropriate instrument and the CEO must give the employee a copy of the determination Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 69.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice to the other party to the arrangement; or (b) if the CEO and the employee agree in writing – - at any time. 16.6 69.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangementarrangements under this clause.

Individual Flexibility Arrangements. 16.1 13.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performedperformed within the span of hours; (ii) meal breaks;payment for overtime taken as pay or time off in lieu of payment (iii) restriction duty; (iv) overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) commuted salaries or allowances. (b) meets the genuine operational needs of the employer and the employee; andagency; (c) is genuinely agreed to by the CEO and the employee. 16.2 The employer must ensure that the terms of the individual flexibility arrangement:; (ad) are is about matters that would be permitted matters if the arrangement were an enterprise agreement; (be) do must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (cf) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 16.3 The CEO must ensure that the individual flexibility arrangement13.2 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (cb) includes details of: (i) the terms of the 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 (dc) states the period of operation of the arrangement. 16.4 13.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination Determination or other appropriate instrument and the CEO must give the employee a copy of the determination Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 13.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 13.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and the employee agree in writing – at any time. 16.6 13.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangementarrangements.

Individual Flexibility Arrangements. 16.1 21.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction duty; (iv) overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine needs of the employer employee and the employee; andemployer; (c) is genuinely agreed to by the CEO and the employee. 16.2 The employer must ensure that the terms of the individual flexibility arrangement:; (ad) are is about matters that would be permitted matters if the arrangement were an enterprise agreement; (be) do does not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (cf) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 16.3 The CEO must ensure that the individual flexibility arrangement21.2 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 eighteen years of age, signed by a parent or guardian of the employee; (cb) includes include details of: (i) the terms of the 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 employment as a result of the arrangement; and (dc) state the period of operation of the arrangement. 16.4 21.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination Determination or other appropriate instrument and the CEO must give the employee a copy of the determination Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 21.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 21.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and the employee agree in writing – - at any time. 16.6 21.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangementflexibility arrangements.

Individual Flexibility Arrangements. 16.1 31.1 This clause applies where an employee’s request for an individual flexibility arrangement is not otherwise permitted under any other clause of this Agreement (eg work outside span of hours to assist with family responsibilities; convert overtime or shift penalties to a commuted allowance). 31.2 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement (including Schedules) if the arrangement: (a) deals with one or more of the following matters of this Agreement (other than permitted by the Agreement:): (i) arrangements about when work is performed; (ii) meal breakspayment for overtime taken as pay or time off in lieu of payment; (iii) restriction duty; (iv) overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) commuted salaries or allowances. (b) meets the genuine operational needs of the employer and the employee; andagency; (c) is genuinely agreed to by the CEO and the employee. 16.2 The employer must ensure that the terms of the individual flexibility arrangement:; (ad) are is about matters that would be permitted matters if the arrangement were an enterprise agreement; (be) do must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (cf) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 16.3 The CEO must ensure that the individual flexibility arrangement31.3 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (cb) includes include the details of: (i) the terms of the 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 employment as a result of the arrangement; and (dc) states the period of operation of the arrangement. 16.4 31.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination Determination or other appropriate instrument and the CEO must give the employee a copy of the determination Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 31.5 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 31.6 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and the employee agree in writing – at any time. 16.6 31.7 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangementflexibility arrangements.

Individual Flexibility Arrangements. 16.1 The CEO employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreementmatters: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction restrictive duty; (iv) overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine needs of the employer and the employee; and (c) is genuinely agreed to by the CEO employer and the employee. 16.2 . The employer must ensure that the terms of the individual flexibility arrangement: (a) are about matters that would be permitted matters if the arrangement were an enterprise agreement; (b) do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (c) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 16.3 . The CEO employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO employer and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes include details of: (i) the terms of the 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 employment as a result of the arrangement; and (d) the period of operation of the arrangement. 16.4 . To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination Determination or other appropriate instrument and the CEO must give the employee a copy of the determination Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 . The CEO employer or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days to the other party to the arrangement; or (b) if the CEO employer and the employee agree in writing – - at any time. 16.6 . An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible flexibility arrangement.

Individual Flexibility Arrangements. 16.1 ‌ 22.1 This clause applies where an employee’s request for an individual flexibility arrangement is not otherwise permitted under any other clause of this Agreement (eg work outside span of hours to assist with family responsibilities; convert overtime or shift penalties to a commuted allowance). 22.2 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement (other than permitted by the Agreement:): (i) arrangements about when work is performed; (ii) meal breakspayment for overtime taken as pay or time off in lieu of payment; (iii) restriction duty; (iv) overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) commuted salaries or allowances. (b) meets the genuine needs of the employer employee and the employee; andemployer; (c) is genuinely agreed to by the CEO and the employee. 16.2 The employer must ensure that the terms of the individual flexibility arrangement:; (ad) are is about matters that would be permitted matters if the arrangement were an enterprise agreement; (be) do must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (cf) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 16.3 The CEO must ensure that the individual flexibility arrangement22.3 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (cb) includes include the details of: (i) the terms of the 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 employment as a result of the arrangement; and (dc) states the period of operation of the arrangement. 16.4 22.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination Determination or other appropriate instrument and the CEO must give the employee a copy of the determination Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 22.5 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 22.6 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and the employee agree in writing – at any time. 16.6 22.7 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangementflexibility arrangements.

Individual Flexibility Arrangements. 16.1 21.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction duty; (iv) overtime rates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine operational needs of the employer and the employee; andDOH; (c) is genuinely agreed to by the CEO and the employee. 16.2 The employer must ensure that the terms of the individual flexibility arrangement:; (ad) are is about matters that would be permitted matters if the arrangement were an enterprise agreement; (be) do must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (cf) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 16.3 The CEO must ensure that the individual flexibility arrangement21.2 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 eighteen years of age, signed by a parent or guardian of the employee; (cb) includes include details of: (i) the terms of the 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 employment as a result of the arrangement; and (dc) state the period of operation of the arrangement. 16.4 21.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination Determination or other appropriate instrument and the CEO must give the employee a copy of the determination Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 16.5 21.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 21.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and the employee agree in writing – - at any time. 16.6 21.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangementflexibility arrangements.