INDIVIDUAL FLEXIBILITY TERM Sample Clauses
INDIVIDUAL FLEXIBILITY TERM. The Company and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if;
INDIVIDUAL FLEXIBILITY TERM. Note: prior to entering an IFA, the relevant supervisor/manager must check that the proposed IFA arrangements meet payroll requirements.
(a) Subject to operational requirements, the Company and any Employee may agree to make an individual flexibility arrangement to vary the effect of a term of this Agreement provided that the arrangement is genuinely agreed to by the Company and the Employee. Such arrangements may include and are limited to:
(1) Cashing out of annual leave, provided that:
(A) The request is approved by the relevant General Manager on the basis of genuine hardship; and
(B) The Employee must be paid at least the full amount that would have been payable to the Employee had he or she taken the leave that he or she has foregone;
(2) External study assistance;
(3) Parental leave arrangements;
(4) Flexible arrangements that facilitate workforce diversity (eg hours of work, rosters, start and finish times and places);
(5) Job sharing arrangements;
(6) Taking annual leave over longer periods than an Employee’s accrued entitlement utilising a combination of annual leave and leave without pay;
(7) OCE’s or ERZ Controller’s terms and conditions of employment.
(b) The individual flexibility arrangement must:
(1) be in writing;
(2) include the name of the Company and the Employee;
(3) meet payroll requirements;
(4) be signed by the Company and the Employee and, if the Employee is under 18 years of age, by a parent or guardian of the Employee;
(5) include details of the terms of this Agreement that will be varied by the arrangement and how they will be varied.
(c) The Company must ensure that the terms of any individual flexibility arrangement:
(1) are about permitted matters under section 172 of the Act;
(2) are not unlawful terms under section 194 of the Act;
(3) result in the Employee being better off overall than he or she would be if no arrangement was made;
(4) do not result in the Employee being provided with any payment or benefit that is inconsistent with the National Employment Standards under the Act.
(d) The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it has been agreed.
(e) The Company or the Employee may terminate the individual flexibility arrangement:
(1) by giving 28 days written notice to the other party to the individual flexibility agreement; or
(2) if the Company and the Employee agree in writing – at any time.
INDIVIDUAL FLEXIBILITY TERM. 27.1 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:
27.1.1 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
27.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph 27.1.1; and
27.1.3 the arrangement is genuinely agreed to by the Employer and Employee.
27.2 The Employer must ensure that the terms of the individual flexibility arrangement:
27.2.1 are about permitted matters under section 172 of the Act; and
27.2.2 are not unlawful terms under section 194 of the Act; and
27.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made.
27.3 The Employer must ensure that the individual flexibility arrangement:
27.3.1 is in writing; and
27.3.2 includes the name of the Employer and Employee; and
27.3.3 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
27.3.4 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
27.3.5 states the day on which the arrangement commences.
27.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
27.5 The Employer or Employee may terminate the individual flexibility arrangement:
27.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or
27.5.2 if the Employer and Employee agree in writing at any time.
INDIVIDUAL FLEXIBILITY TERM. (1) The 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; and
(ii) rostered days off.
(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matter mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee
(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.
(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.
(f) the employer must ensure that the flexibility term does not require that any individual flexibility arrangement agreed to by the employer and an employee under the term be approved, or consented to, by another person.
(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.
INDIVIDUAL FLEXIBILITY TERM. 12.1 Ausgrid and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if:
12.1.1 the arrangement deals with one or more of the following matters:
(a) taking accumulated RDOs;
(b) salary sacrifice; and
12.1.2 the arrangement meets the genuine needs of Ausgrid and the employee in relation to one or more of the matters mentioned in 12.1.1; and
12.1.3 the arrangement is genuinely agreed to by Ausgrid and the employee.
12.2 Ausgrid 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 employee being better off overall than the employee would be if no arrangement was made.
12.3 Ausgrid must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of Ausgrid and employee; and
(c) is signed by Ausgrid 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 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 their employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
12.4 Ausgrid must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
12.5 Ausgrid or the employee may terminate the individual flexibility arrangement:
(a) by giving no less than 28 days written notice to the other party to the arrangement; or
(b) at any time, if Ausgrid and the employee agree in writing.
INDIVIDUAL FLEXIBILITY TERM. 24.1. 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 above; and
c. the arrangement is genuinely agreed to by the employer and employee.
24.2. The employer must ensure that the terms of the individual flexibility arrangement:
a. are about permitted matters under section 172 of the Fair Work Xxx 0000; and
b. are not unlawful terms under section 194 of the Fair Work Xxx 0000; and
c. result in the employee being better off overall than the employee would be if no arrangement was made.
24.3. 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 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.
24.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
24.5. The employer or employee may terminate the individual flexibility arrangement:
a. by giving no more than 13 weeks’ written notice to the other party to the arrangement; or
b. if the employer and employee agree in writing — at any time.
INDIVIDUAL FLEXIBILITY TERM. 11.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
11.1.1 The Agreement deals with 1 or more of the following matters:
(a) arrangements about when work is performed,
(b) overtime rates,
(c) penalty rates,
(d) allowances, or
INDIVIDUAL FLEXIBILITY TERM. 54.1 An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) part-time employment;
(ii) qualification-based career path;
(iii) annual leave loading;
(iv) hours of work;
(v) public holidays;
(vi) annual leave;
(vii) long service leave;
(viii) parental leave; 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.
54.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(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 arrangement was made.
54.3 The Employer must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the Employer and employee;
(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;
(d) includes details of:
(i) the terms of this 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
(iv) states the day on which the arrangement commences.
(e) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(f) 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 TERM. 35.1.1 Kmart and a team member covered by this agreement may agree to make an individual flexibility arrangement to vary the effect of one or more of the following matters:
(a) Arrangements about when work is performed;
(b) Overtime rates;
(c) Penalty rates;
(d) Allowances;
(e) Leave loading; to meet the genuine needs of Kmart and the team member.
35.1.2 The arrangement must be genuinely agreed to by the Kmart and employee.
35.1.3 Kmart must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under s.172 of the Fair Work Xxx 0000 ; and
(b) are not unlawful terms under s.194 of the Fair Work Xxx 0000; and
(c) result in the employee being better off overall than the employee would be if no arrangement was made.
35.1.4 Kmart must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) includes Kmart’s company name and the name of the team member; and
(c) is signed by an authorised representative of Kmart and the team member and if the employee is under 18 years of age, a parent or guardian of the team member must also sign the agreement.
35.1.5 The individual flexibility arrangement must include details of:
(a) the terms of the enterprise agreement that will be varied by the arrangement;
(b) how the arrangement will vary the effect of the terms;
(c) how the 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
(d) state the day on which the arrangement commences.
35.1.6 The Company must give the team member a copy of the individual flexibility agreement within 14 days after it is agreed to.
35.1.7 Kmart or the team member may terminate the individual flexibility arrangement by giving no more than 28 days written notice to the other party to the arrangement or if Kmart and team member agree, in writing at any time.
INDIVIDUAL FLEXIBILITY TERM. An Employer and Employee covered by this enterprise agreement may agree to make an Individual Flexibility Arrangement (“Arrangement”) to vary the effect of terms of the agreement if: the agreement deals with one (1) or more of the following matters: arrangements about when work is performed; overtime rates; penalty rates; allowances; leave loading; remuneration; or, the Arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in paragraph (a); and the arrangement is genuinely agreed to by the employer and employee. The employer must ensure that the terms of the Arrangement: are about permitted matters under section 172 of the Act; and are not unlawful terms under section 194 of the Act; and result in the Employee being better off overall than the Employee would be if no arrangement was made. The Employer must ensure that the Arrangement: is in writing; and includes the name of the Employer and 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; and includes details of: the terms of the enterprise agreement that will be varied by the Arrangement; and how the Arrangement will vary the effect of the terms; and 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 states the day on which the Arrangement commences. The Employer must give the Employee a copy of the Arrangement within 14 days after it is agreed to. Cooling off period The employer and the Employee will observe a 7-day cooling off period from the date that the IFA is signed by both parties. During the cooling off period either the Employer or the Employee may cancel the IFA by giving 48 hours written notice to the other. If the IFA is cancelled during the cooling off period the Employee’s pay and entitlements will apply as if no IFA had been signed. The Employer or Employee may terminate the Arrangement: by giving no more than 28 days written notice to the other party to the Arrangement; or if the Employer and Employee agree in writing - at any time.