Common use of INDIVIDUAL FLEXIBILITY TERM Clause in Contracts

INDIVIDUAL FLEXIBILITY TERM. (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; (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. (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. (1) An employer 47.1. The Company 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 if: (a) The the agreement deals with 1 one or more of the following matters: (i) Arrangements about i. arrangements for when work is performed;; or (ii) Overtime . overtime rates;; or (iii) Penalty . penalty rates;; or (iv) Allowances. allowances; and/or (v) Leave v. annual leave loading; and. (b) The the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (asub-clause 47.1(a); and (c) The the arrangement is genuinely agreed to by the employer Company and employee;. (2) 47.2. The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 47.3. The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company 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) 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 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) States states the day on which the arrangement commences. (4) 47.4. The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 47.5. The employer Company or employee may terminate the individual flexibility arrangement: (a) By by giving no more than 28 days written notice to the other party to the arrangement; or (b) If if the employer Company and employee agree in writing – at any time.

INDIVIDUAL FLEXIBILITY TERM. (1) 7.1 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 the agreement deals with 1 or more of the following matters: (i) Arrangements arrangements about when work is performed; (ii) Overtime overtime rates; (iii) Penalty penalty rates; (iv) Allowancesallowances; (v) Leave leave loading; and (b) The 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 the arrangement is genuinely agreed to by the employer and employee;. (2) 7.2 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) 7.3 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 states the day on which the arrangement commences. (4) 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 7.5 The employer or employee may terminate the individual flexibility arrangement: (a) By by giving no more than 28 days written notice to the other party to the arrangement; or (b) If if the employer and employee agree in writing – — at any time.

INDIVIDUAL FLEXIBILITY TERM. (1) An 1.9.1 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 the agreement deals with 1 or more of the following matters: (i) Arrangements arrangements about when work is performed; (ii) Overtime overtime rates; (iiii) Penalty penalty rates; (ivii) Allowances (v) Leave loadingallowances; and (iii) leave loading. (b) The 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 the arrangement is genuinely agreed to by the employer and employee;. (2) 1.9.2 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 2009Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 1.9.3 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 states the day on which the arrangement commences. (4f) If the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal. (g) The employer and the employee must genuinely agree, without duress or coercion to any variation of any provisions in this arrangement. 1.9.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 1.9.5 The employer or employee may terminate the individual flexibility arrangement: (a) By by giving no more than 28 days 8 weeks written notice to the other party to the arrangement; or (b) If if the employer and employee agree in writing – at any time.

INDIVIDUAL FLEXIBILITY TERM. (1) An employer 7.1 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 the agreement deals with 1 or more of the following matters: (i) : • Arrangements about for when work is performed; (ii) Overtime rates; (iii) Penalty rates; (iv) Allowances (v) Leave loading; • Hours of work and roster arrangements; and • Single day annual leave, and (b) The 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 the arrangement is genuinely agreed to by the employer and employee;. (2) 7.2 The employer Company 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 mademade (for an example of this, refer to Attachment B - Additional Matters Paragraph 1. (3) 7.3 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 arrangementarrangement (for an example of this, refer to Additional Matters Paragraph 1.1); and (e) States states the day on which the arrangement commences. (4) 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 7.5 The employer or employee may terminate the individual flexibility arrangement: (a) By by giving no more than 28 days written notice to the other party to the arrangement; or (b) If if the employer and employee agree in writing – at any time.

INDIVIDUAL FLEXIBILITY TERM. (1a) An employer Employer and employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if: (ai) The the agreement deals with 1 or more of the following matters: (iA) Arrangements about when work is performedpart-time employment; (B) skill-based career path; (C) annual leave loading; (D) hours of work; (E) public holidays; (F) annual leave; (G) long service leave; (H) parental leave; and (ii) Overtime rates; (iii) Penalty rates; (iv) Allowances (v) Leave loading; and (b) The the arrangement meets the genuine needs of the employer Employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (ciii) The the arrangement is genuinely agreed to by the employer Employer and employee;. (2b) The employer Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009FW Act; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. (3c) The employer Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and; (bii) includes the name of the employer Employer and employee; and; (ciii) is signed by the employer Employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and; (div) includes details of: (iA) the terms of the enterprise agreement this Agreement that will be varied by the arrangement; and; (iiB) how the arrangement will vary the effect of the terms; and; (iiiC) 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 (ev) States states the day on which the arrangement commences. (4d) The employer Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5e) The employer Employer or employee may terminate the individual flexibility arrangement: (ai) By by giving no more than 28 days written notice to the other party to the arrangement; or (bii) If if the employer Employer and employee agree in writing – at any time.

INDIVIDUAL FLEXIBILITY TERM. (1) 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 a. the agreement deals with 1 or more of the following matters: (i) Arrangements i. arrangements about when work is performed; (ii) Overtime . overtime rates; (iii) Penalty . penalty rates; (iv) Allowances. allowances; (v) Leave v. leave loading; and (b) The 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)above; and (c) The c. the arrangement is genuinely agreed to by the employer and employee;. (2) 24.2. The employer must ensure that the terms of the individual flexibility arrangement: (a) a. are about permitted matters under section 172 of the Fair Work Act 2009▇▇▇ ▇▇▇▇; and (b) b. are not unlawful terms under section 194 of the Fair Work Act 2009▇▇▇ ▇▇▇▇; and (c) c. result in the employee being better off overall than the employee would be if no arrangement was made. (3) 24.3. The employer must ensure that the individual flexibility arrangement: (a) a. is in writing; and (b) b. includes the name of the employer and employee; and (c) 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) d. includes details of: (i) 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 e. states the day on which the arrangement commences. (4) 24.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 24.5. The employer or employee may terminate the individual flexibility arrangement: (a) By a. by giving no more than 28 days 13 weeks’ written notice to the other party to the arrangement; or (b) If b. if the employer and employee agree in writing – — at any time.

INDIVIDUAL FLEXIBILITY TERM. (1) An 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 the agreement deals with 1 or more of the following matters: (i) Arrangements arrangements about when work is performed;; and (ii) Overtime rates; (iii) Penalty rates; (iv) Allowances (v) Leave loading; androstered days off. (b) The the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters matter mentioned in paragraph (a); and (c) The 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 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 by giving no more than 28 days written notice to the other party to the arrangement; or (b) If if the employer and employee agree in writing – at any time.

INDIVIDUAL FLEXIBILITY TERM. (1) An employer The Company and employee 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 if:; (a1) The agreement the Agreement deals with 1 one or more of the following matters: (i) Arrangements about when work is performed; (ii) Overtime rates; (iii) Penalty rates; (iv) Allowances (v) Leave loading: • Annual leave; or • Sick leave; and (b2) The arrangement meets the genuine needs need of the employer Company and employee Employee in relation to 1 or more of the matters mentioned in paragraph (a1); and (c3) The arrangement is genuinely agreed to by the employer Company and employee;Employee. (24) 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 Company must ensure that the individual flexibility arrangement: (a) is : • Is about matters that would be permitted matters if the arrangement were included in an enterprise agreement; and • Does not include a term that would be an unlawful term if the arrangement were included in an enterprise agreement; and • Results in the Employee being better off overall than the Employee would have been if no individual flexibility arrangement were agreed to; and • Is in writing; and (b) includes and • Includes the name of the employer Company and employeeEmployee; and (c) is and • Is signed by the employer Company and employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and (d) includes and • Includes details of: (i) the : • The terms of the enterprise agreement this Agreement that will be varied by the arrangement; and (ii) how and • 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. (4) . The employer Company must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) . The employer Company or employee Employee may terminate the individual flexibility arrangement: (a) : • By giving no of not more than 28 days days’ written notice to the other party to the arrangement; or (b) or • If the employer Company and employee Employee agree in writing – at any time.

INDIVIDUAL FLEXIBILITY TERM. (1) An employer ‌ 11.1 The Company 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 the agreement deals with 1 or more of the following matters: (i) Arrangements arrangements about when when, where & how work is performed; (ii) Overtime overtime rates; (iii) Penalty penalty rates; (iv) Allowancesallowances; (v) Leave leave loading; and (b) The 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 the arrangement is genuinely agreed to by the employer and employee;. (2) 11.2 The employer Company 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) 11.3 The employer Company 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 states the day on which the arrangement commences. (4) 11.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 11.5 The employer Company or employee may terminate the individual flexibility arrangement: (a) By by giving no more than 28 days written notice to the other party to the arrangement; or (b) If if the employer and employee agree in writing – — at any time.