Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope and an individual 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 (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; or (iii) penalty rates; or (iv) allowances; or (v) annual leave loading; and (b) the arrangement meets the genuine needs of Healthscope and the relevant employee in relation to one (1) or more of the matters mentioned in this clause 9.1(a); and (c) the arrangement is genuinely agreed to by Healthscope and the relevant employee, without coercion or duress. 9.2 Healthscope must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under s 172 of the Act, as amended or replaced from time to time; (b) are not unlawful terms under s 194 of the Act, as amended or replaced from time to time; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 9.3 Healthscope must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the employer and employee (c) is signed by Healthscope and the employee and if the employee is under eighteen (18) years of age, signed by a parent or guardian of the employee; (d) 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 his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences.
Appears in 2 contracts
Samples: Healthscope Queensland Clerical Services Employee Agreement, Healthscope Queensland Clerical Services Employee Agreement 2019 2023
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope (1) The Secretary and an individual employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if:
(a) the agreement deals with one (1) 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or;
(iii) penalty rates; or;
(iv) allowances; or;
(v) annual leave loadingremuneration; and/or
(vi) leave; and
(b) the arrangement meets the genuine needs of Healthscope the Department and the relevant employee in relation to one (1) 1 or more of the matters mentioned in this clause 9.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by Healthscope the Secretary and the relevant employee, without coercion or duress.
9.2 Healthscope (2) The Secretary must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s section 172 of the Act, as amended or replaced from time to time;Fair Work Act 2009; and
(b) are not unlawful terms under s section 194 of the Act, as amended or replaced from time to timeFair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope (3) The Secretary must ensure that the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of the employer and employee; and
(c) is signed by Healthscope the employer and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(d) includes details of:
(i) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commencescommences and, where applicable, when the arrangement ceases.
(4) The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(5) The Secretary 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 Secretary and employee agree in writing — at any time.
(6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope (1) The Secretary and an individual 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 arrangement deals with one (1) 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or;
(iii) penalty rates; or;
(iv) allowances; or;
(v) annual leave loadingemployer superannuation contributions
(vi) remuneration; and/or
(vii) leave; and
(b) the arrangement meets the genuine needs of Healthscope the Department and the relevant employee in relation to one (1) 1 or more of the matters mentioned in this clause 9.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by Healthscope the Secretary and the relevant employee, without coercion or duress.
9.2 Healthscope (2) The Secretary must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s section 172 of the FW Act, as amended or replaced from time to time;; and
(b) are not unlawful terms under s section 194 of the FW Act, as amended or replaced from time to time; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope (3) The Secretary must ensure that the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of the employer and employee; and
(c) is signed by Healthscope the employer and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(d) includes details of:
(i) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(e) states the day on which the arrangement commencescommences and, where applicable, when the arrangement ceases.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope ASIC and an individual employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if:
(a) the agreement arrangement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or;
(iii) penalty rates; or;
(iv) allowances; or;
(v) annual leave loadingremuneration; and/or
(vi) leave; and
(b) the arrangement meets the genuine needs of Healthscope ASIC and the relevant employee in relation to one (1) 1 or more of the matters mentioned in this clause 9.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by Healthscope ASIC and the relevant employee, without coercion or duress.
9.2 Healthscope ASIC must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s section 172 of the Act, as amended or replaced from time to time;Fair Work Act 2009; and
(b) are not unlawful terms under s section 194 of the Act, as amended or replaced from time to timeFair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope ASIC must ensure that the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of the employer and employee; and
(c) is signed by Healthscope ASIC and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(d) includes details of:
(i) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences, and where applicable, when the arrangement xxxxxx.
9.4 ASIC must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
9.5 ASIC or the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if ASIC and employee agree in writing at any time.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope 10.1.1 Boral and an individual 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 this Agreement deals with one (1) 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or;
(iii) penalty rates; or;
(iv) allowances; or;
(v) annual leave loading; and
(b) the arrangement meets the genuine needs of Healthscope Boral and the relevant employee in relation to one (1) 1 or more of the matters mentioned in this clause 9.1(a10.1.1 (a); and
(c) the arrangement is genuinely agreed to by Healthscope Boral and the relevant employee, without coercion or duress.
9.2 Healthscope 10.1.2 Boral must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s section 172 of the Act, as amended or replaced from time to time;; and
(b) are not unlawful terms under s section 194 of the Act, as amended or replaced from time to time; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope 10.1.3 Boral must ensure that the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of Boral and the employer and employee; and
(c) is signed by Healthscope Boral and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(d) includes details of:
(i) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
10.1.4 Boral must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
10.1.5 Boral or the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if Boral and the employee agree in writing — at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope
1. ACON and an individual 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 arrangement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or;
(iii) penalty rates; or;
(iv) allowances; or;
(v) annual leave loading;
(vi) remuneration; and
(b) the arrangement meets the genuine needs of Healthscope XXXX and the relevant employee in relation to one (1) or more of the matters mentioned in this clause 9.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by Healthscope XXXX and the relevant employee, without coercion or duress.
9.2 Healthscope 2. ACON must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s section 172 of the Act, as amended or replaced from time to time;Fair Work Xxx 0000; and
(b) are not unlawful terms under s section 194 of the Act, as amended or replaced from time to timeFair Work Xxx 0000; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope 3. ACON must ensure that the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of the employer and employee; and
(c) is signed by Healthscope the employer and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(d) includes details of:
(i) the terms of the 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 his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
4. XXXX must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
5. ACON or the employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if ACON and the employee agree in writing - at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope 3.4.1 The employer and an individual employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if:
(a) the agreement deals with one (1) 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or;
(iii) penalty rates; or;
(iv) allowances; or;
(v) annual leave loading; and
(b) the arrangement meets the genuine needs of Healthscope the employer and the relevant employee in relation to one (1) 1 or more of the matters mentioned in this clause 9.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by Healthscope the employer and the relevant employee, without coercion or duress.
9.2 Healthscope 3.4.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s section 172 of the Act, as amended or replaced from time to time;Fair Work Xxx 0000; and
(b) are not unlawful terms under s section 194 of the Act, as amended or replaced from time to timeFair Work Xxx 0000; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope 3.4.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of the employer and employee; and
(c) is signed by Healthscope the employer and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(d) includes details of:
(i) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
3.4.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
3.4.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing – at any time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope a) An employer and an individual 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 deals with one (1) or more of the following matters:
(i) it is solely at the employees’ written request: and
(ii) is for the purpose of family or personal reasons, or in relation to requests for flexible working arrangements under section 65 of the National Employment Standards.
(iii) it deals with the following matter: a arrangements about when work is performed;
(ii) overtime rates; or
(iii) penalty rates; or
(iv) allowances; or
(v) annual leave loading; and
(b) the arrangement it meets the genuine needs of Healthscope the employer and the relevant employee in relation to one (1) or more of the matters matter mentioned in this clause 9.1(aparagraph (c); and
(cv) the arrangement it is genuinely agreed to by Healthscope the employer and the relevant employee, without coercion or duress.
9.2 Healthscope b) The employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under s section 172 of the Act, as amended or replaced from time to time;; and
(bii) are not unlawful terms under s section 194 of the Act, as amended or replaced from time to time; and
(ciii) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope . a The employer must ensure that the individual flexibility arrangement:
(aiv) is in writing;; and
(bv) includes the name of the employer and employee; and
(cvi) is signed by Healthscope the employer and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(dvii) includes details of:
(i) : a the terms of the Agreement 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 his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope 3.55 Individual flexibility arrangements
(1) The Secretary and an individual 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 arrangement deals with one (1) 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or;
(iii) penalty rates; or;
(iv) allowances; or;
(v) annual leave loadingemployer superannuation contributions
(vi) remuneration; and/or
(vii) leave; and
(b) the arrangement meets the genuine needs of Healthscope the Department and the relevant employee in relation to one (1) 1 or more of the matters mentioned in this clause 9.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by Healthscope the Secretary and the relevant employee, without coercion or duress.
9.2 Healthscope (2) The Secretary must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s section 172 of the FW Act, as amended or replaced from time to time;; and
(b) are not unlawful terms under s section 194 of the FW Act, as amended or replaced from time to time; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope (3) The Secretary must ensure that the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of the employer and employee; and
(c) is signed by Healthscope the employer and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(d) includes details of:
(i) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(e) states the day on which the arrangement commencescommences and, where applicable, when the arrangement ceases.
(4) The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(5) The Secretary 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 Secretary and employee agree in writing – at any time. Division 4.1 Working hours
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope (1) An employer and an individual employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if:
(a) the agreement deals with one (1) 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; or;
(iii) penalty rates; or;
(iv) allowances; or;
(v) annual leave loading; and
(b) the arrangement meets the genuine needs of Healthscope the employer and the relevant employee in relation to one (1) 1 or more of the matters mentioned in this clause 9.1(aparagraph (a); and
(c) the arrangement is genuinely agreed to by Healthscope the employer and the relevant employee, without coercion or duress.
9.2 Healthscope (2) The employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s section 172 of the Act, as amended or replaced from time to time;Fair Work Act 2009; and
(b) are not unlawful terms under s section 194 of the Act, as amended or replaced from time to timeFair Work Act 2009; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope (3) The employer must ensure that the individual flexibility arrangement:
(a) is in writing;; and
(b) includes the name of the employer and employee; and
(c) is signed by Healthscope the employer and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(d) includes details of:
(i) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(5) The employer or employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; or
(b) if the employer and employee agree in writing — at any time.
Appears in 1 contract
Samples: Laminex Monkland Agreement
Individual Flexibility Arrangements. 9.1 Despite anything else in this Agreement, Healthscope (a) An Employer and an individual employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(ai) the agreement deals with one (1) or more of the following matters:
(i1) arrangements about when work is performed;
(ii2) overtime rates; or;
(iii3) penalty rates; or;
(iv4) allowances; or;
(v5) annual leave loading; and
(bii) the arrangement meets the genuine needs of Healthscope the Employer and the relevant employee in relation to one (1) or more of the matters mentioned in this clause 9.1(asubclause 46(a)(i); and
(ciii) the arrangement is genuinely agreed to by Healthscope Employer and the relevant employee, individual employee must have genuinely made the agreement without coercion or duress.
9.2 Healthscope (b) The Employer must ensure that the terms of the individual flexibility arrangement:
(ai) are about permitted matters under s section 172 of the Act, as amended or replaced from time to time;; and
(bii) are not unlawful terms under s section 194 of the Act, as amended or replaced from time to time; and
(ciii) result in the employee being better off overall than the employee would be if no arrangement was made.
9.3 Healthscope (c) The Employer must ensure that the individual flexibility arrangement:
(ai) is in writing;; and
(bii) includes the name of the employer Employer and employee; and
(ciii) is signed by Healthscope the Employer and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee;; and
(div) includes details of:
(i1) the terms of the Agreement 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 will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
(ev) states the day on which the arrangement commences.
(d) The Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(e) The Employer or employee may terminate the individual flexibility arrangement:
(i) by giving no more than 28 days written notice to the other party to the arrangement; or
Appears in 1 contract
Samples: Enterprise Agreement
