Common use of INDIVIDUAL FLEXIBILITY CLAUSE Clause in Contracts

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.

INDIVIDUAL FLEXIBILITY CLAUSE. (a) The Company employer 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(i) the agreement deals with 1 one or more of the following matters: i. : • arrangements about when work is performed; • the timing and minimum periods of annual leave • overtime rates; • penalty rates; • allowances; • leave loading; and • authorized deductions from the employee’s pay • time off in lieu of overtime on a time for time basis (ii) Individual Flexibility Arrangements must be initiated by the Employee and will only be considered in exceptional circumstances to accommodate family and/or personal circumstances. ii. allowances. b(iii) the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and c(iv) the arrangement is genuinely agreed to by the employer and employee. . (v) The Employer must ensure that any individual flexibility arrangements do not bestow greater benefits to any one or more individual Employees. (b) The employer must ensure that the terms of the individual flexibility arrangement: a(i) are about permitted matters under section 172 of the Fair Work Act 2009; and b(ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and c(iii) result in the employee being better off overall than the employee would be if no arrangement was made. . (c) The employer must ensure that the individual flexibility arrangement: a(i) is in writing; and b(ii) includes the name of the employer and employee; and c(iii) 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 and (iv) includes details of: : a. the terms of the enterprise agreement that will be varied by the arrangement; and a) b. how the arrangement will vary the effect of the terms; and b) 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 c(v) 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. a(e) The employer or employee may terminate the individual flexibility arrangement: i. (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, writing — at any time. (f) The Employer is responsible for ensuring that all of the requirements of subclause (c) of this Clause are met. (g) The Employer must provide copies of all flexibility arrangements made under this Clause to the Union, upon request.

INDIVIDUAL FLEXIBILITY CLAUSE. The Company An employer 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(i) the agreement deals with 1 or more of the following matters: i. (a) arrangements about when work is performed.; ii. (b) allowances.; b(c) leave loading; (d) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a-c); and c(ii) 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. . (iii) 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 and (d) includes details of: - the terms of the enterprise agreement that will be varied by the arrangement; and a) and - how the arrangement will vary the effect of the terms; and b) and - 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) and - states the day on which the arrangement commences. . (iv) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. a(v) The employer or employee may terminate the individual flexibility arrangement: i. (a) by giving no more than 28 days written notice to the other party to the arrangement; or ii. (b) if the employer and employee agree in writing, writing — at any time.

INDIVIDUAL FLEXIBILITY CLAUSE. The Company terms of this clause are the “Flexibility Term” applicable to the employees covered by this Agreement for the purpose of section 202 of the Fair Work Act 2009. 10.2.1 An employer and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement listed in sub-clause 10.2.6 or 10.2.7 (as applicable) 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 sub-clause 10.2.6 or 10.2.7 (aas applicable); and c(b) the arrangement is genuinely agreed to by the employer and employee. . 10.2.2 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. . 10.2.3 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 and (d) includes details of: : (i) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and a(ii) how the arrangement will vary the effect of the terms; and b(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 c(e) states the day on which the arrangement commences. . 10.2.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. a) 10.2.5 The employer or employee may terminate the individual flexibility arrangement: i. (a) by giving no more than 28 days written notice to the other party to the arrangement; or ii. (b) if the employer and employee agree in writing, writing — at any time. 10.2.6 Terms in this Agreement that may be subject to an individual flexibility arrangement are: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; and (e) leave loading. 10.2.7 Terms in this Agreement that may be subject to an individual flexibility arrangement are: (a) annual leave taken as single days; (b) or arrangements to take alternative RDOs. Signed for and on behalf of Bundaberg Sugar Ltd (ABN 24 077 102 526) Signature Title: Chief Executive Officer Name: XXXXXXX XXXXXX