Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items: 37.1 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basis: a) 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) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j); b) the arrangement meets the genuine needs of the University and staff member in relation to the matters mentioned in subclause 37.1 a); and c) the arrangement is genuinely agreed to by the University and staff member. 37.2 The University 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 staff member being better off overall than the staff member would be if no arrangement was made. 37.3 The University must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of the University and staff member; and c) is signed by the University and staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; and d) includes details of: i) the terms of the enterprise agreement that will be varied by the arrangement; and ii) how the arrangement will vary the effect of the terms; and iii) how the staff member will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; e) states the day on which the arrangement commences; and f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 The University must give the staff member a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed. 37.5 The University or staff member may terminate the individual flexibility arrangement: a) by giving no more than twenty eight (28) days written notice to the other party to the arrangement; or b) if the University and the staff member agree in writing — at any time. 38.1 Staff development is an essential and necessary part of the performance management program.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Individual Flexibility Arrangements. This clause constitutes 28.1 Full time and part-time employees who have worked with the flexibility term required by section 202 of the Act. In addition to the Employer for at least 12 months, and some casual employees, can request flexible work working arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria NES.
28.2 An Employer and items:
37.1 The University and a staff member Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif:
(a) the arrangement 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) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);loading; and
(b) the arrangement meets the genuine needs of the University Employer and staff member employee in relation to one
(1) or more of the matters mentioned in subclause 37.1 paragraph (a); and
(c) the arrangement is genuinely agreed to by the University Employer and staff memberEmployee.
37.2 28.3 The University Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the ActFair Work Act 2009 ; and
(b) are not unlawful terms under section 194 of the ActFair Work Act 2009 ; and
(c) result in the staff member Employee being better off overall than the staff member Employee would be if no arrangement was made.
37.3 28.4 The University Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the University Employer and staff memberEmployee; and
(c) is signed by the University Employer and staff member Employee and if the staff member Employee is under 18 years of age, signed by a parent or guardian of the staff memberEmployee; and
(d) includes details of:
(i) the terms of the enterprise agreement Enterprise Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the staff member 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
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 28.5 The University Employer must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreedagreed to.
37.5 28.6 The University Employer or staff member Employee may terminate the individual flexibility arrangement:
(a) by giving no more than twenty twenty-eight (28) days written notice to the other party to the arrangement; or
(b) if the University Employer and the staff member Employee agree in writing — at any time. 38.1 Staff development is an essential and necessary part of the performance management program.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. 23.1 This clause constitutes the flexibility term required by referred to in section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items:Fair Work Act 2009 (Cth).
37.1 23.2 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif:
(a) the arrangement deals with one (1) or more of permits the following matters:
i) arrangements about when work is performed;
ii) overtime rates;
iii) penalty rates;
iv) allowances;
v) staff member to convert the taking of additional recreation leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements loading provided for in sub-clause 45.2 j);50.6 to three (3) days Additional Recreation Leave (“ARL”) in accordance with the relevant policy and procedure; and
(b) the arrangement meets the genuine needs of the University and the staff member in relation to one (1) or more of the matters mentioned in subclause 37.1 paragraph (a); and
(c) the arrangement is genuinely agreed to by the University and the staff member;
(d) the arrangement does not require that anyone else approve it other than the staff member and the University.
37.2 23.3 The University must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the ActFair Work Act 2009; and
(b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and
(c) result in the staff member being better off overall than the staff member would be if no arrangement was made.
37.3 23.4 The University must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the University Head of Organisational Unit and the staff member; and
(c) is signed by the University Head of Organisational Unit and the staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; 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 staff member 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
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 23.5 The University employer must give the staff member a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to.
37.5 23.6 The University employer or staff member may terminate the individual flexibility arrangement:
(a) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or
(b) if the University employer and the staff member agree in writing — at any time. 38.1 Staff development is .
23.7 The arrangement to convert recreation leave loading to ARL will normally be entered into on an essential annual basis and necessary part of in accordance with the performance management programrelevant policy and procedure.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the A flexible work arrangements in clause 36arrangement is an agreement that is mutually agreed to, and which meets the genuine needs of an individual flexibility arrangements may be made in accordance with employee and the following criteria Council by: • balancing home/work life commitments • ensuring that appropriate levels of customer service are maintained • ensuring that productivity and items:
37.1 The University work performance are maintained • improving work performance through Council’s acknowledgement of work and a staff member family issues • providing opportunities for career development, professional growth and multi skilling. Any parties covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basisagreement if:
(a) the arrangement The agreement deals with one (1) or more of the following matters:
i) arrangements : • Arrangements about when work is performed;performed • Overtime rates • Penalty rates • Allowances • Leave loading.
ii) overtime rates;
iii) penalty rates;
iv) allowances;
v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);
(b) the The arrangement meets the genuine needs of Council and the University and staff member employee in relation to one or more of the matters mentioned in subclause 37.1 paragraph (a); and
(c) the The arrangement is genuinely agreed to by Council and the University and staff member.
37.2 The University employee. Council must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Act; andFair Work Act 2009
(b) are Are not unlawful terms under section 194 of the Act; andFair Work Act 2009
(c) result Result in the staff member employee being better off overall than the staff member employee would be if no arrangement was made.
37.3 The University . Council must ensure that the individual flexibility arrangement:
(a) is Is in writing; and
(b) includes Includes the name of the University employer and staff member; andemployee
(c) is Is signed by the University employer and staff member employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff member; andemployee
(d) includes Includes details of:
(i) the The terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how How the arrangement will vary the effect of the terms; and
(iii) how How the staff member employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement;.
(e) states States the day on which the arrangement commences; and
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 The University . Council must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed.
37.5 The University agreed to. Council or staff member the employee may terminate the individual flexibility arrangement:
(a) by By giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; arrangement or
(b) if If the University Council and the staff member employee agree in writing — at any time. 38.1 Staff development is an essential and necessary part of the performance management program.
Appears in 1 contract
Samples: Gannawarra Shire Council Enterprise Bargaining Agreement No 10 (2022)
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria (a) Screen Australia and items:
37.1 The University and a staff member an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif:
a(i) the arrangement agreement deals with one (1) or more of the following matters:
i(A) arrangements about when work is performed;
ii(B) overtime rates;
iii(C) penalty rates;
iv(D) allowances;
v(E) the taking of additional remuneration; and
(F) leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner and leave entitlements provided for in sub-clause 45.2 j);loading; and
b(ii) the arrangement meets the genuine needs of Screen Australia and the University and staff member employee in relation to one or more of the matters mentioned in subclause 37.1 aclause 8(a)(i); and
c(iii) the arrangement is genuinely agreed to by Screen Australia and the University and staff memberemployee.
37.2 The University (b) Screen Australia must ensure that the terms of the individual flexibility arrangement:
a(i) are about permitted matters under section 172 of the FW Act; and;
b(ii) are not unlawful terms under section 194 of the FW Act; and
c(iii) result in the staff member employee being better off overall than the staff member employee would be if no arrangement was made.
37.3 The University (c) Screen Australia must ensure that the individual flexibility arrangement:
a(i) is in writing; and;
b(ii) includes the name of Screen Australia and the University and staff member; andemployee;
c(iii) is signed by Screen Australia and the University and staff member and employee and, if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff memberemployee; and
d(iv) includes details of:
i(A) the terms of the enterprise agreement that will be varied by the arrangement; and;
ii(B) how the arrangement will vary the effect of the terms; and;
iii(C) how the staff member 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(v) states the day on which the arrangement commences; and
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 The University (d) Screen Australia must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to.
37.5 The University (e) Screen Australia or staff member the employee may terminate the individual flexibility arrangement:
a(i) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or
b(ii) if the University Screen Australia and the staff member employee agree in writing — at any time. 38.1 Staff development is an essential .
(f) Screen Australia and necessary part of the performance management programemployee are to review the individual flexibility arrangement at least every 12 months.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria 2.3.1 An Employer and items:
37.1 The University and a staff member an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basis:if;
a) the arrangement deals with The clauses of this Agreement that are subject to flexibility are one (1) or more of the following matters:
(i) arrangements Parental leave
(ii) Compassionate leave
(iii) Single day absences for Annual Leave;
(iv) Jury service leave; and
(v) Arrangements about when work is performed;
ii) overtime rates;
iii) penalty rates;
iv) allowances;
v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);.
b) the The arrangement meets the genuine needs of the University Employer and staff member the employee in relation to one (1) or more of the matters mentioned in subclause 37.1 paragraph (a); and
c) the The arrangement is genuinely agreed to by the University Employer and staff memberthe employee.
37.2 2.3.2 The University must Employer will ensure that the terms of the individual flexibility arrangementarrangement comply with the Act, including that they:
a) are Are about permitted matters under section 172 of the Actmatters; and
b) are Are not unlawful terms under section 194 of the Actterms; and
c) result Result in the staff member employee being better off overall than the staff member employee would be if no arrangement was were made.
37.3 2.3.3 Where an employee wants to enter into an individual flexibility arrangement, he or she should notify the relevant Employer’s manager of variation sought.
2.3.4 The University Employer must also ensure that the individual flexibility arrangementarrangement is:
a) is in In writing; and
b) includes Includes the name of the University Employer and staff memberthe employee; and
c) is signed Signed by the University Employer and staff member the employee, and if the staff member employee is under 18 years of ageage eighteen (18), signed by a parent or guardian of the staff memberemployee; and
d) includes details of:
i) of the terms of the enterprise agreement this Agreement that will be varied by the arrangement; and
ii) varied, how the arrangement will vary the effect of the terms; and
iii) , how the staff member employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement;
e) states , and the day on which the arrangement commences; and
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 2.3.5 The University Employer must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreedagreed to.
37.5 The University 2.3.6 Either the Employer or staff member the employee may terminate the individual flexibility arrangement:;
a) by giving no more than twenty eight (28) days written notice to the other party to the arrangement; or
b) if the University and the staff member agree in writing — at any time. 38.1 Staff development time by both parties agreeing in writing.
2.3.7 There is no requirement that any individual flexibility arrangement agreed by the Employer and an essential and necessary part of employee be approved by or consented to by any other party whether before or after the performance management programarrangement has been agreed to.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act12.1. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria Toll Global Logistics and items:
37.1 The University and a staff member any Team Member covered by this Enterprise Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of this Agreement on the following basisagreement if:
a) the arrangement The agreement deals with one (1) or more of the following matters:
i) : i arrangements about for when work is performed;
ii) , such as working hours; ii overtime rates;
iii) ; iii penalty rates;
iv) ; iv allowances;
v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);; and
b) the leave loading;the arrangement meets the genuine needs of Toll Global Logistics and the University and staff member Team Member in relation to 1 or more of the matters mentioned in subclause 37.1 paragraph (a); and
c) the arrangement is genuinely agreed to by Toll Global Logistics and the University and staff memberTeam Member.
37.2 The University 12.2. Toll Global Logistics must ensure that the terms of the individual flexibility arrangementIFA:
a) are 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 staff member Team Member being better off overall than the staff member employee would be if no arrangement was made.
37.3 The University 12.3. Toll Global Logistics must ensure that the individual flexibility arrangementIFA:
a) is Is in writing; and
b) includes the name of Toll Global Logistics and the University and staff memberTeam Member; and
c) is signed by Toll Global Logistics and the University and staff member Team Member and if the staff member Team Member is under 18 years of age, signed by a parent or guardian of the staff memberTeam Member; and
d) includes details of:
i) the i. The terms of the enterprise agreement Enterprise Agreement that will be varied by the arrangement; and;
ii) . how the arrangement will vary the effect of the terms; and;
iii) . how the staff member Team Member 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
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 The University 12.4. Toll Global Logistics must give the staff member Team Member a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to.
37.5 The University 12.5. Toll Global Logistics or staff member the Team Member may terminate the individual flexibility arrangementIFA:
a) by i. By giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or
b) ii. if the University Toll Global Logistics and the staff member Team Member agree in writing — writing, at any time. 38.1 Staff development is an essential and necessary part of the performance management program.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria (a) Council and items:
37.1 The University and a staff member an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif:
a(i) 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;; • allowances; • leave loading; and
iv) allowances;
v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);
b(ii) the arrangement meets the genuine needs of Council and the University and staff member employee in relation to one or more of the matters mentioned in subclause 37.1 aclause (a)(i); and
c(iii) the arrangement is genuinely agreed to by Council and the University and staff memberemployee.
37.2 The University (b) Council must ensure that the terms of the individual flexibility arrangement:
a) : • are about permitted matters under section Section 172 of the ActFair Work Act 2009; and
b) and • are not unlawful terms under section Section 194 of the ActFair Work Act 2009; and
c) and • result in the staff member employee being better off overall than the staff member employee would be if no arrangement was were made.
37.3 The University (c) Council must ensure that the individual flexibility arrangement:
a) : • is in writing; and
b) and • includes the name of the University employer (i.e. Council) and staff memberemployee; and
c) and • is signed by the University Council and staff member employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff memberemployee; and
d) and includes details of:
i) : • specifies the terms of the enterprise agreement that will be varied by the arrangement; and
ii) and • sets out how the arrangement will vary the effect of the terms; and
iii) and • identifies how the staff member 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;
e) ; and • states the day on which the arrangement commences; and
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 The University (d) Council must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to.
37.5 The University (e) Council or staff member the employee may terminate the individual flexibility arrangement:
a) : • by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or
b) or • at any time if the University Council and the staff member employee agree in writing — at any time. 38.1 Staff development is an essential and necessary part of to the performance management programtermination.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria
6.1 The Chief Executive Officer and items:
37.1 The University and a staff member 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 on the following basisif:
(a) the arrangement deals with one (1) or more of the following matters:
(i) arrangements about when work is performed;
(ii) remuneration;
(iii) overtime rates;
iii) penalty rates;
(iv) allowances, including the annualisation and incorporation of any relevant allowance into salary, where it is provided for under this Agreement;
(v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);leave; and
(b) the arrangement meets the genuine needs of IBA and the University and staff member employee in relation to one or more of the matters mentioned set out in subclause 37.1 a6.1(a); and
c) the arrangement is genuinely agreed to by the University and staff member.
37.2 6.2 The University Chief Executive Officer must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement:
(a) are about permitted matters under section 172 of the ActFair Work Act 2009; and
(b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and
(c) result in the staff member employee being better off overall than the staff member employee would be if no arrangement was made.
37.3 6.3 The University Chief Executive Officer must ensure that the individual flexibility arrangementIndividual Flexibility Arrangement:
(a) is in writing; and
(b) includes the name of the University employer and staff memberemployee; and
(c) is signed by IBA and the University and staff member employee (and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff memberemployee); 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 staff member 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(iv) states the day on which the arrangement commences; commences and
f) does not require that anyone else approve , where applicable, when the arrangement, other than the staff member and the Universityarrangement xxxxxx.
37.4 6.4 The University Chief Executive Officer must give the staff member employee a copy of the individual flexibility arrangement Individual Flexibility Arrangement within fourteen (14) 14 days after it is agreedagreed to.
37.5 6.5 The University Chief Executive Officer or staff member employee may terminate the individual flexibility arrangementIndividual Flexibility Arrangement:
(a) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or
(b) if the University Chief Executive Officer and the staff member employee agree in writing — at any time. 38.1 Staff development is an essential and necessary part of the performance management program.time.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. 9.1 This clause constitutes the flexibility term required by referred to in section 202 of the Fair Work Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria .
9.2 An employer and items:
37.1 The University and a staff member employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basisagreement if:
(a) the arrangement agreement deals with one (1) 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; or
(v) leave loading;
v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);
(b) the arrangement meets the genuine needs of Xxxxxxx and the University and staff member employee in relation to 1 or more of the matters mentioned in subclause 37.1 aparagraph 9.2(a); and
(c) the arrangement is genuinely agreed to by Xxxxxxx and the University and staff memberemployee.
37.2 The University 9.3 Xxxxxxx 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 staff member employee being better off overall than the staff member employee would be if no arrangement was made.
37.3 The University 9.4 Menzies must ensure that the individual flexibility arrangement:
(a) is Is in writing; and
(b) includes the name of Xxxxxxx and the University and staff memberemployee; and
(c) is signed by Xxxxxxx and the University and staff member employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff memberemployee; and
(d) includes details of:
(i) the terms of the enterprise agreement that this Agreement which will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the staff member 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
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 The University 9.5 Xxxxxxx must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to.
37.5 The University 9.6 Menzies or staff member the employee may terminate the individual flexibility arrangement:
(a) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or
(b) if the University Xxxxxxx and the staff member employee agree in writing — - at any time. 38.1 Staff development is an essential and necessary part of the performance management program.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items:
37.1 (a) 6 The University and a any member of staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement on the following basisif:
(a) the arrangement permits deals with one (1) or more of the following staff member tofollowing matters:
(i) allocation of work a reduced number of weeks over a 12 month period and take additional leave, with a proportionate reduction arrangements about when work is performed;
(ii) provision of monetary benefits in their Salary and anylieu of one or more of the following:
(A) overtime rates;
iii(B) penalty rates;shift loadings to which they are entitled; (C) allowances specified in this Agreement; (D) employer superannuation contributions
iv) allowances;
v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);
(b) the arrangement meets the genuine needs of the University and staff member in relation to one or more of the matters mentioned referred to in subclause 37.1 a)paragraph (ia) of this clause; and
(c) the arrangement is genuinely agreed to by the University and the staff member.
37.2 The (d) An individual flexibility arrangement may be made in relation to superannuation only if the University must ensure that the terms of would, but for the individual flexibility arrangement:
a) are about permitted matters under section 172 , be required to make employer contributions that exceed the minimum contributions specified in the Superannuation Guarantee legislation. In these circumstances, the University and a member of staff may make an individual flexibility arrangement to provide for the University to pay superannuation contributions to a fund of the Act; and
b) are not unlawful terms under section 194 of staff member’s choice at the Act; and
c) result rate specified in the Superannuation Guarantee legislation and pay the staff member being better off overall than a loading equal to the staff member balance of the superannuation contributions that would be if no arrangement was madehave otherwise been paid.
37.3 (b) The University must ensure that the individual flexibility arrangement:
a(i) is in writing; and;
b(ii) includes the name of the University and the staff member; and;
c(iii) is signed by the University and the staff member and and, if the staff member is under 18 years of age, is signed by a parent or guardian of the staff member; and
d(iv) includes details of:
i) of the terms of the enterprise agreement this Agreement that will be varied by the arrangement and how they will be varied.
(c) The University must ensure that the terms of any individual flexibility arrangement:
(i) are about permitted matters under section 172 of the Fair Work Xxx 0000 (Cth);
(ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000 (Cth);
(iii) result in the staff member being better off overall than he or she would be if no arrangement was made; and
ii(iv) how the arrangement will vary the effect of the terms; and
iii) how do not result in the staff member will be better off overall in relation to being provided with any payment or benefit that is inconsistent with the terms and conditions of his or her employment as a result of National Employment StandardStandards under the arrangement;
e) states the day on which the arrangement commences; and
f) does not require that anyone else approve the arrangement, other than the staff member and the UniversityFair Work Xxx 0000 (Cth).
37.4 (d) The University must give the staff member a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to by them.
37.5 (e) The University or the staff member may terminate the individual flexibility arrangement:
a(i) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangementagreement; or
b(ii) if the University and the staff member agree in writing — – at any time. 38.1 Staff development 8 The University is an essential committed to employment practices that help prevent and necessary part eliminate discrimination on the basis of the performance management programrace, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, trade union membership and activity, national extraction or social origin.
Appears in 1 contract
Samples: Enterprise Agreement
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria 11.1 An employer and items:
37.1 The University and a staff member employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basisagreement if:
(a) the arrangement agreement deals with one (1) 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);loading; and
(b) the arrangement meets the genuine needs of the University employer and staff member employee in relation to 1 or more of the matters mentioned in subclause 37.1 paragraph (a); and
(c) the arrangement is genuinely agreed to by the University employer and staff memberemployee.
37.2 11.2 The University 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 staff member employee being better off overall than the staff member employee would be if no arrangement was made.
37.3 11.3 The University employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the University employer and staff memberemployee; and
(c) is signed by the University employer and staff member employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff memberemployee; 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 staff member 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
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 11.4 The University employer must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to.
37.5 11.5 The University employer or staff member employee may terminate the individual flexibility arrangement:
(a) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or
(b) if the University employer and the staff member employee agree in writing — at any time. 38.1 Staff development is an essential and necessary part of the performance management program.PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
Appears in 1 contract
Samples: Casual Crew Collective Agreement
Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the A flexible work arrangements in clause 36arrangement is an agreement that is mutually agreed to, and which meets the genuine needs of an individual flexibility arrangements may be made in accordance with employee and the following criteria Council by: balancing home/work life commitments ensuring that appropriate levels of customer service are maintained ensuring that productivity and items:
37.1 The University work performance are maintained improving work performance through Council’s acknowledgement of work and a staff member family issues providing opportunities for career development, professional growth and multi skilling. Any parties covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basisagreement if:
(a) the arrangement The agreement deals with one (1) or more of the following matters:
i) arrangements : Arrangements about when work is performed;performed Overtime rates Penalty rates Allowances Leave loading.
ii) overtime rates;
iii) penalty rates;
iv) allowances;
v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);
(b) the The arrangement meets the genuine needs of Council and the University and staff member employee in relation to one or more of the matters mentioned in subclause 37.1 paragraph (a); and
(c) the The arrangement is genuinely agreed to by Council and the University and staff member.
37.2 The University employee. Council must ensure that the terms of the individual flexibility arrangement:
(a) are Are about permitted matters under section 172 of the Act; andFair Work Act 2009
(b) are Are not unlawful terms under section 194 of the Act; andFair Work Act 2009
(c) result Result in the staff member employee being better off overall than the staff member employee would be if no arrangement was made.
37.3 The University . Council must ensure that the individual flexibility arrangement:
(a) is Is in writing; and
(b) includes Includes the name of the University employer and staff member; andemployee
(c) is Is signed by the University employer and staff member employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff member; andemployee
(d) includes Includes details of:
(i) the The terms of the enterprise agreement that will be varied by the arrangement; and
(ii) how How the arrangement will vary the effect of the terms; and
(iii) how How the staff member employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement;.
(e) states States the day on which the arrangement commences; and
f) does not require that anyone else approve the arrangement, other than the staff member and the University.
37.4 The University . Council must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed.
37.5 The University agreed to. Council or staff member the employee may terminate the individual flexibility arrangement:
(a) by By giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; arrangement or
(b) if If the University Council and the staff member employee agree in writing — at any time. 38.1 Staff development is an essential and necessary part of the performance management program.
Appears in 1 contract
Samples: Enterprise Bargaining Agreement
