Individual Flexibility Provision. 1.10.1 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 one (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.
1.10.2 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.
1.10.3 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.
1.10.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
1.10.5 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.
Individual Flexibility Provision. 26.1 For the purpose of assisting in the growth and development of the Company, the Company and an individual Employee may agree to enter into an individual flexibility agreement (“IFA”) for the purpose of varying the application of certain terms of this Agreement to meet the needs of the Company and the individual Employee.
26.2 The Company and an individual Employee may agree in writing to vary the application of this Agreement about permitted matters under section 172 of the FW Act.
26.3 An IFA entered into in accordance with this clause will override any terms and conditions of this Agreement which are inconsistent with the terms and conditions contained in the IFA.
26.4 The Company and an individual Employee must have genuinely agreed to make the IFA without coercion or duress.
26.5 Any IFA between the Company and an individual Employee must result in the employee being better off overall than the employee would be if no arrangement was made.
26.6 An Employee may be represented by a person of their choice in discussions with the Company in relation to an IFA.
26.7 The Company must give the Employee a copy of the IFA within 14 days after it is agreed.
26.8 The Company or the Employee may terminate an IFA:
(a) by giving no more than 28 days written notice to the other party to the IFA; or
(b) if the Company and Employee agree in writing — at any time.
