Common use of INDIVIDUAL FLEXIBILITY TERM Clause in Contracts

INDIVIDUAL FLEXIBILITY TERM. ‌ 54.1 A University 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 one 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 University 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 University and Employee. 54.2 The University 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 University must ensure that the individual flexibility arrangement: a) is in writing; b) includes the name of the University and employee; c) is signed by the University 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 University must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. f) The University 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 University and Employee agree in writing at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌ 54.1 A University 1.7.1 The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement if: (a) the agreement deals with one 1 or more of the following matters: (i) part-time employmentarrangements about when work is performed; (ii) qualification-based career pathovertime rates; (iii) annual penalty rates; (iv) allowances; (v) 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 University Company and the Employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the University Company and the Employee. 54.2 1.7.2 The University Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 54.3 1.7.3 The University Company must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the University Company and employee;the Employee; and (c) is signed by the University Company and Employee and if the employee 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 the 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 his or her employment as a result of the arrangement; and iv(e) states the day on which the arrangement commences. e) 1.7.4 The University Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. f) 1.7.5 The University Company or the 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 University Company and the Employee agree in writing — at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌ 54.1 A University 66.1 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 one or more of the following mattersmatter: (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 Defence reserve service leave; viii) parental leave; and (b) the arrangement meets the genuine needs of the University 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 University Employer and Employee. 54.2 66.2 The University 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 66.3 The University Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the University Employer and employee; (c) is signed by the University 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 University Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (f) The University 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 University Employer and Employee agree in writing at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌ 54.1 A University 27.1 An Employer and Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement if: a) 27.1.1 the agreement Agreement deals with one 1 or more of the following matters: (i) part-time employmentarrangements about when work is performed; (ii) qualification-based career pathovertime rates; (iii) annual penalty rates; (iv) allowances; (v) leave loading; iv) hours of work; v) public holidays; vi) annual leave; vii) long service leave; viii) parental leave; and b) 27.1.2 the arrangement meets the genuine needs of the University Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (a)27.1.1; and c) 27.1.3 the arrangement is genuinely agreed to by the University Employer and Employee. 54.2 27.2 The University Employer must ensure that the terms of the individual flexibility arrangement: a) 27.2.1 are about permitted matters under section 172 of the FW Act; and b) 27.2.2 are not unlawful terms under section 194 of the FW Act; and c) 27.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 54.3 27.3 The University Employer must ensure that the individual flexibility arrangement: a) 27.3.1 is in writing;; and b) 27.3.2 includes the name of the University Employer and employee;Employee; and c) 27.3.3 is signed by the University Employer and Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the Employee;; and d) 27.3.4 includes details of: (i) the terms of this Agreement 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 their his or her employment as a result of the arrangement; and iv) 27.3.5 states the day on which the arrangement commences. e) 27.4 The University Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. f) 27.5 The University Employer or Employee may terminate the individual flexibility arrangement: i) 27.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or ii) 27.5.2 if the University Employer and Employee agree in writing at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌Note: prior to entering an IFA, the relevant supervisor/manager must check that the proposed IFA arrangements meet payroll requirements. 54.1 A University (a) Subject to operational requirements, the Company and any Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms a term of this Agreement if: a) the agreement deals with one 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 University and Employee in relation to 1 or more of the matters mentioned in paragraph (a); and c) provided that the arrangement is genuinely agreed to by the University Company and the Employee. 54.2 The University must ensure that the terms of the individual flexibility arrangement. Such arrangements may include and are limited to: a(1) are about permitted matters under section 172 Cashing out of annual leave, provided that: (A) The request is approved by the FW Actrelevant 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) 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 University must ensure that the individual flexibility arrangementarrangement must: a(1) is be in writing; b(2) includes include the name of the University Company and employeethe Employee; c(3) is meet payroll requirements; (4) be signed by the University Company and the Employee and and, if the employee Employee is under 18 years of age, signed by a parent or guardian of the Employee; d(5) includes include details of: i) 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; ii(2) how the arrangement will vary the effect are not unlawful terms under section 194 of the termsAct; iii(3) how result in the Employee will be being better off overall than he or she would be if no arrangement was made; (4) do not result in relation to the terms and conditions of their employment as a result of Employee being provided with any payment or benefit that is inconsistent with the arrangement; and iv) states National Employment Standards under the day on which the arrangement commencesAct. e(d) The University Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed tohas been agreed. f(e) The University Company or the Employee may terminate the individual flexibility arrangement: i(1) by giving no more than 28 days written notice to the other party to the arrangementindividual flexibility agreement; or ii(2) if the University Company and the Employee agree in writing – at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌ 54.1 A University 27.1 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 the agreement if: a) 27.1.1 the agreement deals with one 1 or more of the following matters: (i) part-time employmentarrangements about when work is performed; (ii) qualification-based career pathLoaded Wage Rates and Overtime Rates; (iii) annual penalty rates; (iv) allowances; (v) leave loading; iv) hours of work; v) public holidays; vi) annual leave; vii) long service leave; viii) parental leave; and b) 27.1.2 the arrangement meets the genuine needs of the University Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (a)27.1.1; and c) 27.1.3 the arrangement is genuinely agreed to by the University Employer and Employee. 54.2 27.2 The University Employer must ensure that the terms of the individual flexibility arrangement: a) 27.2.1 are about permitted matters under section 172 of the FW Act; and b) 27.2.2 are not unlawful terms under section 194 of the FW Act; and c) 27.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 54.3 27.3 The University Employer must ensure that the individual flexibility arrangement: a) 27.3.1 is in writing;; and b) 27.3.2 includes the name of the University Employer and employee;Employee; and c) 27.3.3 is signed by the University Employer and Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the Employee;; and d) 27.3.4 includes details of: (i) the terms of this Agreement 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 their his or her employment as a result of the arrangement; and iv) 27.3.5 states the day on which the arrangement commences. e) 27.4 The University Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. f) 27.5 The University Employer or Employee may terminate the individual flexibility arrangement: i) 27.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or ii) 27.5.2 if the University Employer and Employee agree in writing at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌Note: prior to entering an IFA, the relevant supervisor/manager must check that the proposed IFA arrangements meet payroll requirements. 54.1 A University (a) Subject to operational requirements, the Company and any Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms a term of this Agreement if: a) the agreement deals with one 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) provided that the arrangement meets the genuine needs of the University 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 University Company and the Employee. 54.2 The University must ensure that the terms of the individual flexibility arrangement. Such arrangements may include and are limited to: a(1) are about permitted matters under section 172 Cashing out of annual leave, provided that: (A) The request is approved by the FW Actrelevant 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) 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 University must ensure that the individual flexibility arrangementarrangement must: a(1) is be in writing; b(2) includes include the name of the University Company and employeethe Employee; c(3) is meet payroll requirements; (4) be signed by the University Company and the Employee and and, if the employee Employee is under 18 years of age, signed by a parent or guardian of the Employee; d(5) includes include details of: i) 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; ii(2) how the arrangement will vary the effect are not unlawful terms under section 194 of the termsAct; iii(3) how result in the Employee will be being better off overall than he or she would be if no arrangement was made; (4) do not result in relation to the terms and conditions of their employment as a result of Employee being provided with any payment or benefit that is inconsistent with the arrangement; and iv) states National Employment Standards under the day on which the arrangement commencesAct. e(d) The University Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed tohas been agreed. f(e) The University Company or the Employee may terminate the individual flexibility arrangement: i(1) by giving no more than 28 days written notice to the other party to the arrangementindividual flexibility agreement; or ii(2) if the University Company and the Employee agree in writing – at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌ 54.1 A University (a) An Employer and Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if: a(i) the agreement deals with one 1 or more of the following matters: i(A) part-time employment; ii(B) qualificationskill-based career path; iii(C) annual leave loading; iv(D) hours of work; v(E) public holidays; vi(F) annual leave; vii(G) long service leave; viii(H) parental leave; and b(ii) the arrangement meets the genuine needs of the University Employer and Employee employee in relation to 1 or more of the matters mentioned in paragraph (a); and c(iii) the arrangement is genuinely agreed to by the University Employer and Employeeemployee. 54.2 (b) The University Employer must ensure that the terms of the individual flexibility arrangement: a(i) are about permitted matters under section 172 of the FW Act; and b(ii) are not unlawful terms under section 194 of the FW Act; and c(iii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 54.3 (c) The University Employer must ensure that the individual flexibility arrangement: a(i) is in writing; b(ii) includes the name of the University Employer and employee; c(iii) is signed by the University Employer and Employee employee and if the employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; d(iv) includes details of: i(A) the terms of this Agreement that will be varied by the arrangement; ii(B) how the arrangement will vary the effect of the terms; iii(C) how the Employee employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and iv(v) states the day on which the arrangement commences. e(d) The University Employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. f(e) The University Employer or Employee 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 University Employer and Employee employee agree in writing at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌ 54.1 A University 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 one 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 University 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 University Employer and Employee. 54.2 The University 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 University Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the University Employer and employee; (c) is signed by the University 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 University Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (f) The University 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 University Employer and Employee agree in writing at any time.

INDIVIDUAL FLEXIBILITY TERM. ‌ 54.1 A University 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 one 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 University 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 University Employer and Employee. 54.2 The University 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 University Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the University Employer and employee; (c) is signed by the University 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 University must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. f) The University 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 University and Employee agree in writing at any time.