Common use of Individual Flexible Arrangements Clause in Contracts

Individual Flexible Arrangements. 18.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement (including Schedules) if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment; (iii) commuted salaries or allowances. (b) meets the operational needs of PWC; (c) is genuinely agreed to by the CEO and employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no flexibility arrangement were agreed to. 18.2 An employee or the CEO can initiate in writing a request for an individual flexibility arrangement. 18.3 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the employee; (c) is signed by the CEO 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 the agreement that will be varied by the arrangement; (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 period of operation of the arrangement. 18.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a determination or other appropriate instrument and the CEO must give the employee a copy of the determination or other appropriate instrument within 14 days of the Commissioner’s approval. 18.5 The Commissioner will not approve an individual flexibility arrangement unless the CEO is satisfied that the requirements of this clause have been met. 18.6 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days (or in accordance with the FW Act requirements) to the other party to the arrangement; or (b) if the CEO and employee agree in writing – at any time. 18.7 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clause.

Appears in 2 contracts

Samples: Enterprise Agreement, Power and Water Enterprise Agreement

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Individual Flexible Arrangements. 18.1 The 16.1 This CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement (including Schedules) if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performedperformed within the span of hours; (ii) payment for overtime taken as pay or time off in lieu of payment; (iii) commuted salaries or allowances. (b) meets the operational needs of PWCTerritory Generation; (c) is genuinely agreed to by the CEO and employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 18.2 16.2 An employee or the CEO can initiate in writing a request for an individual flexibility arrangement. 18.3 16.3 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the employee; (c) is signed by the CEO 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 the agreement this Agreement that will be varied by the arrangement; (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 period of operation of the arrangement. 18.4 16.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner employer and implemented via a determination or other appropriate instrument and the CEO must give the employee a copy of the determination or other appropriate instrument within 14 days of the Commissioneremployer’s approval. 18.5 16.5 The Commissioner employer will not approve an individual flexibility arrangement unless the CEO is they are satisfied that the requirements of this clause have been met. 18.6 16.6 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days (or in accordance with the FW Act requirements) to the other party to the arrangement; or (b) if the CEO and employee agree in writing – at any time. 18.7 16.7 An employee may choose to be represented by their a nominated representative in relation to the development and implementation of individual flexible arrangements under this clause.

Appears in 2 contracts

Samples: Territory Generation Enterprise Agreement, Territory Generation Enterprise Agreement

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Individual Flexible Arrangements. 18.1 19.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement (including Schedules) if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performedperformed within the span of hours; (ii) payment for overtime taken as pay or time off in lieu of payment;; or (iii) commuted salaries or allowances. (b) meets the operational needs of PWCTerritory Generation; (c) is genuinely agreed to by the CEO and employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 18.2 19.2 An employee or the CEO can initiate in writing a request for an individual flexibility arrangement. 18.3 19.3 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the employee; (c) is signed by the CEO 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 agreement this Agreement that will be varied by the arrangement; (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 (eiv) states the period of operation of the arrangement. 18.4 19.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner employer and implemented via a determination or other appropriate instrument and the CEO must give the employee a copy of the determination or other appropriate instrument within 14 days of the Commissioneremployer’s approval. 18.5 19.5 The Commissioner employer will not approve an individual flexibility arrangement unless the CEO is they are satisfied that the requirements of this clause have been met. 18.6 19.6 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days (or in accordance with the FW Act requirements) to the other party to the arrangement; or (b) if the CEO and employee agree in writing – at any time. 18.7 19.7 An employee may choose to be represented by their a nominated representative in relation to the development and implementation of individual flexible arrangements under this clause.

Appears in 1 contract

Samples: Enterprise Agreement

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