Individual Flexible Working Arrangements. 18.1 The CEO (or delegate) 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; or
(ii) commuted salaries or allowances.
(b) meets the operational needs of the agency;
(c) is genuinely agreed to by the CEO and the 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 Arrangements are to be in writing and:
(a) 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;
(b) includes details of:
(i) the terms of 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;
(iv) conditions of the employee’s employment as a result of the arrangement; and
(v) the period of operation of the arrangement.
18.3 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.
18.4 Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met.
18.5 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.
18.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements.
Individual Flexible Working Arrangements. 16A.1 An Employer 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 Flexible Working Arrangements. 16A.1 An Employer and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the arrangement deals with one (1) or more of the following matters:
(i) when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and/or
(v) leave loading; and
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 16A.1(a); and
(c) the arrangement is genuinely agreed by the Employer and Employee.
Individual Flexible Working Arrangements. This is clause 16 in the current Agreement. Some changes to this clause to more closely align the language with the requirements of the Fair Work Act 2009 cth.
Individual Flexible Working Arrangements. This is clause 18 in the current agreement. The inclusion of individual flexibility clauses are a requirement under the FW Act.
Individual Flexible Working Arrangements. Equivalent to current clause 13 with the addition of a new sub-clause at 13.1 to explain the purpose of the Individual Flexible Working Arrangements clause. No change to current entitlements or provisions.
Individual Flexible Working Arrangements. This clause has been updated to provide better clarity regarding this provision where changes to employment conditions that aren’t available under the enterprise agreement may be entered into if the employee is better off overall, however these arrangements require the approval of the Commissioner for Public Employment. There was also an update to a perceived deficiency in the NTPS common clauses, this clarifies an agreement arrangement can be entered into that meets the genuine needs of the employee and employer.
Individual Flexible Working Arrangements. This is clause 22 in the current agreement. The clause in the new Agreement has been revised for consistency with the Fair Work Act 2009. There are no substantive changes to the operation or the conditions/entitlements.
Individual Flexible Working Arrangements. 39.15.1 The Branch and Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the arrangement deals with one (1) or more of the following matters:
1. when work is performed;
2. overtime rates;
3. penalty rates;
4. allowances; and/or
5. leave loading; and
(b) the arrangement meets the genuine needs of the Branch and Employee in relation to one (1) or more of the matters mentioned in subclause (a); and
(c) the arrangement is genuinely agreed by the Branch and Employee.
39.15.2 The Employee may appoint a representative for the purposes of the procedure in this clause 39.15, including the Union. Except as provided in subclause 39.15.10, the arrangement must not require the approval or consent of a person other than the Branch and the individual Employee.
39.15.3 The Branch must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Act;
(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.
Individual Flexible Working Arrangements. This is clause 24 in the Current Agreement. This clause provides for the CEO and an employee to agree to make an individual flexibility arrangement to vary the terms of the agreement for matters such as arrangements when work is performed, commuted salaries or allowances. There is no change to this clause. This is clause 25 in the Current Agreement. This clause provides for the legitimate right of the Union to represent those employee who are members, or eligible to become members. The clause has been enhanced to provide: further information regarding union communication rights such as being informed of relevant orientation and other educator events, and the union being invited to attend; and setting out that further communication rights are provided for in the Commissioner’s Guideline on Working with Unions; and that union members may authorise unions dues to be made from their wages by way of payroll deductions and that the employer supports the deduction of union dues from wages. Employment Relationship
