INDIVIDUAL FLEXIBILITY CLAUSE Sample Clauses

INDIVIDUAL FLEXIBILITY CLAUSE. The Company and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: a) the agreement deals with 1 or more of the following matters: i. arrangements about when work is performed. ii. allowances. b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and c) the arrangement is genuinely agreed to by the employer and employee. The employer must ensure that the terms of the individual flexibility arrangement: a) are about permitted matters under section 172 of the Fair Work Act 2009; and b) are not unlawful terms under section 194 of the Fair Work Act 2009; and c) result in the employee being better off overall than the employee would be if no arrangement was made. 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 the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: the terms of the enterprise agreement that will be varied by the arrangement; and a) how the arrangement will vary the effect of the terms; and b) 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 c) states the day on which the arrangement commences. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. a) 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 ii. if the employer and employee agree in writing, at any time.
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INDIVIDUAL FLEXIBILITY CLAUSE. (a) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the agreement deals with one or more of the following matters: a. arrangements about when work is performed b. overtime rates
Sample 1
INDIVIDUAL FLEXIBILITY CLAUSE. ‌ 10.1 The Company and an employee may agree to make an individual flexibility arrangement (IFA) to vary the effect of subclause 35.6 – Annual Leave single day absences if: 10.1.1 the arrangement meets the genuine needs of the Company and employee in relation to it; and 10.1.2 the arrangement is genuinely agreed to by the Company and employee. 10.2 The Company will not make an IFA unless the following conditions are satisfied: 10.2.1 The IFA must be about matters that would be permitted matters under section 172 of the Fair Work Act 2009; 10.2.2 The IFA must not include a term that would be an unlawful term under section 194 of the Fair Work Act 2009; 10.2.3 The IFA must be genuinely agreed to by the Company and the employee; 10.2.4 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to; 10.2.5 The IFA may be able to be terminated: (a) by either the employee, or the Company, giving written notice of not more than 28 days; or (b) by the employee and the Company at any time if they agree, in writing, to the termination. 10.3 The IFA must be in writing and signed: 10.3.1 includes the name of the Company and employee: and 10.3.2 in all cases—by the employee and the Company; and 10.3.3 if the employee is under 18—by a parent or guardian of the employee; and
Sample 1
INDIVIDUAL FLEXIBILITY CLAUSE. 23.1 An employer and 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 the following matter: (i) about when work is performed; b) the arrangement meets the genuine needs of the employer and employee in relation to the matter mentioned in paragraph (a); and c) the arrangement is genuinely agreed to by the employer and employee. 23.2 The employer must ensure that the terms of the individual flexibility arrangement: a) are about permitted matters under section 172 of the Fair Work Act 2009 ; and b) are not unlawful terms under section 194 of the Fair Work Act 2009 ; and c) result in the employee being better off overall than the employee would be if no arrangement was made. 23.3 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 the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and d) includes details of: (i) the terms of the enterprise agreement 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 (iv) states the day on which the arrangement commences. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 23.4 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.
Sample 1
INDIVIDUAL FLEXIBILITY CLAUSE. 11.1 The Company and an Employee covered by this Agreement in accordance with this clause may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement: (a) Clause 15 may be varied in the following way: Rostered Days Off may be banked and taken at a mutually agreed time. The arrangement meets the genuine need of the Employer and Employee in relation to one or more of the matters mentioned above; and The arrangement is genuinely agreed to by the employer and the employee and; Is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee The individual flexibility arrangement: Will be in writing; and Will include the name of the Company and Employee; and Will be signed by the Company and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: a) the terms of this Agreement that will be varied by the arrangement; and b) how the arrangement will vary the effect of the terms; and c) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and States the day on which the arrangement commences. 11.2 The Company must ensure that the terms of the individual flexibility arrangement: b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
Sample 1
INDIVIDUAL FLEXIBILITY CLAUSE. The agreement includes the ability for employee/employer to have an individual flexibility arrangement which must be signed by both parties and kept by the employer.
Sample 1
INDIVIDUAL FLEXIBILITY CLAUSE. (a) The Company and an Employee may agree to enter into an individual flexibility arrangement (IFA) to vary the effect of terms of the Agreement if: (i) the IFA deals with one or more of the following matters: A. arrangements about when work is performed; or B. allowances; and (ii) the IFA meets the genuine needs of the Company and the Employee in relation to one or more of the above matters; and (iii) the IFA is genuinely agreed to by the Company and the Employee. (b) The Company must ensure that the terms of the IFA: (i) areabout permitted matters under section 172 of the Fair Work Act 2009 (Cth); (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and (iii) result in the Employee being better off overall than the Employee would be if no IFA was made or entered into. (c) The Company must ensure that the IFA: (i) is in writing; (ii) includes the name of the Company and the Employee; (iii) is signed by the Company and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (iv) includes details of: A. the terms of the Agreement that will be varied by the IFA; and B. how the IFA will vary the effect of the terms; and C. how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the IFA; and D. states the day on which the IFA commences. (d) The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. (e) The Company or the Employee may terminate the IFA: (i) by giving no more than 28 days written notice to the other party to the IFA; or (ii) if the Company and Employee agree in writing, at any time.
Sample 1
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INDIVIDUAL FLEXIBILITY CLAUSE. 32.1 An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement on the following terms: a. The agreement deals with one or more of the following matters: i. Arrangements about when work is performed; ii. Overtime rates; iii. Penalty rates; iv. Allowances;
Sample 1

Related to INDIVIDUAL FLEXIBILITY CLAUSE

  • Individual Flexibility Arrangement 12.1 The Employer and an Employee covered by this Agreement, may agree to make an Individual Flexibility Arrangement to vary the following terms of this Agreement if: (a) the arrangement deals with one or more of the following matters: (i) arrangements about where and when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; or (v) annual leave loading; (b) the arrangement must meet the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in subclause 14.1 (a); and (c) the arrangement is genuinely agreed to by the Employer and the Employee. 12.2 The Employer must ensure that the terms of the Individual Flexibility Arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; (c) result in the Employee being better off overall than the Employee would be if no agreement was made. 12.3 The Employer must ensure that the Individual Flexibility Arrangement: (a) is in writing; (b) includes the name of the Employer and the Employee; (c) is signed by the Employer and the Employee, and if the Employee is under 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; (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (e) states the day on which the arrangement commences; 12.4 The Employer must give the Employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to. 12.5 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 the Employee agree in writing – at any time.

  • Individual Flexibility Arrangements 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 38.2 The Employer and an Employee covered by this Agreement may agree to make an IFA to vary the effect of terms of the Agreement if: (a) it deals with one or more of the following matters: (i) Time between which ordinary hours are worked; (ii) Salary sacrifice Agreements; (iii) Reduction in ordinary hours; (iv) Increase in annual leave accrual each year; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise); (b) The IFA meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a) above; and (c) The IFA is genuinely agreed to by the Employer and the Employee. 38.3 The Employer must ensure that the terms of the IFA: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no IFA was made. 38.4 The Employer must also ensure that any such IFA is: (a) in writing (including details of the terms that will be varied, how the IFA will vary the effect of the Enterprise Agreement terms, 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 IFA, and the day on which the IFA commences); (b) includes the name of the Employer and Employee; (c) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee; and (d) provided to the Employee within 14 days after it is agreed to. 38.5 The Employer or Employee may terminate the IFA by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing. 38.6 Where any of the requirements of ss 202 and 203 of the FW Act are not met, the IFA is of no effect.

  • Flexibility 7.1 The Employer and an Employee covered by this Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of this Schedule if: 7.1.1 the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ii) Salary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in 7.1.1; and 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.3 The Employer must ensure that the individual flexibility arrangement: 7.3.1 is in writing; and 7.3.2 includes the name of the Employer and Employee; and 7.3.3 is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and 7.3.4 includes details of: (i) the terms of the Schedule 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 7.3.5 states the day on which the arrangement commences. 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.5 The Employer or Employee may terminate the individual flexibility arrangement: 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or 7.5.2 if the Employer and Employee agree in writing — at any time.

  • Agreement Flexibility 8.1 An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 8.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 8.3 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 the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement 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. 8.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 8.5 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.

  • Integration Clause Except for documents and instruments specifically referenced herein, this Agreement constitutes the entire agreement between Bank and Borrower regarding the Loan and all prior communications verbal or written between Borrower and Bank shall be of no further effect or evidentiary value.

  • WORKPLACE FLEXIBILITY The employer must ensure that any Individual Flexibility Agreement (IFA) is genuinely agreed to by the employer and the employee and result in the employee being better off overall at the time the IFA is made than the employee would have been if no IFA had been agreed to. 8.1 Notwithstanding any other provision of the Agreement, the employer and an individual employee may agree to vary the application of certain terms of the Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary are the application of those permitted under Section 172 of the FW Act, and relates only to:- 8.1.1 arrangements for when work is performed; 8.1.2 salary sacrifice arrangements; 8.1.3 reduction in ordinary hours; and 8.1.4 are not unlawful terms under Section 194 of the FW Act. 8.2 The employer and the individual employee must have genuinely made the IFA without coercion or duress. An IFA can only be entered into after the individual employee has commenced employment with the employer. 8.3 The IFA between the employer and the individual employee must: 8.3.1 be confined to a variation in the application of one or more of the terms listed in Clause 8.1; and 8.4 The IFA between the employer and the individual employee must also: 8.4.1 be in writing, name the parties to the IFA and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian; 8.4.2 state each term of the Agreement that the employer and the individual employee have agreed to vary; 8.4.3 detail how the application of each term has been varied by agreement between the employer and the individual employee;

  • Separability Clause In case any provision in this Indenture or in the Securities shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  • CFR PART 200 Contract Provisions Explanation Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members: The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds. The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does vendor agree? Yes

  • CFR PART 200 Contract Provisions Explanation Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members: The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds. The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable.

  • Presentation of Potential Target Businesses The Company shall cause each of the Initial Shareholders to agree that, in order to minimize potential conflicts of interest which may arise from multiple affiliations, the Initial Shareholders will present to the Company for its consideration, prior to presentation to any other person or company, any suitable opportunity to acquire an operating business, until the earlier of the consummation by the Company of a Business Combination or the liquidation of the Company, subject to any pre-existing fiduciary obligations the Initial Shareholders might have.

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