Model Flexibility Term. 11.1.1 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:
Model Flexibility Term. All enterprise agreements must include a flexibility term providing for employees and the employer to agree to flexible arrangements for work. The clause in the template is the model clause which is laid down in the federal industrial laws. If the agreement does not include this term Fair Work Commission will make a note on the agreement when it approves it that the model clause is included
Model Flexibility Term.
(a) Drakes and a Team Member covered by this agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(i) the Agreement deals with one or more of the following matters: arrangements about when work is performed; overtime rates; penalty rates; allowances; leave loading; and
(ii) the arrangement meets the genuine needs of Drakes and the Team Member in relation to one or more of the matters mentioned in paragraph (a); and
(iii) the arrangement is genuinely agreed to by Drakes and the Team Member.
(b) Drakes must ensure that the terms of the individual flexibility arrangement:
(i) are about permitted matters under section 172 of the Fair Work Xxx 0000; and
(ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and
(iii) result in the Team Member being better off overall than the Team Member would be if no arrangement was made.
(c) Drakes must ensure that the individual flexibility arrangement:
(i) is in writing; and
(ii) includes the Drakes business name and the Team Member's name; and
(iii) is signed by Drakes and the Team Member and if the Team Member is under 18 years of age, signed by a parent or guardian of the Team Member; and
(iv) includes details of: the terms of the Agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and how the Team Member will be better off overall in relation to the terms and conditions of employment as a result of the arrangement; and states the day on which the arrangement commences.
(d) Drakes must give the Team Member a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(e) Drakes or the Team Member 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 Drakes and the Team Member agree in writing — at any time. Part 3 - Wages and allowances
Model Flexibility Term. 10.1 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 Agreement deals with 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; and
(b) The arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in clause 10.1(a); and
(c) The arrangement is genuinely agreed to by the Employer and Employee.
10.2 The Employer must ensure that the terms of the Individual Flexibility Arrangement:
(a) are 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.
10.3 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 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 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
(iv) the day on which the arrangement commences.
10.4 The Employer must give the Employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to.
10.5 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; and
(b) if the Employer and Employee agree in writing at any time.
11. Types of employment (ongoing, fixed-term, casual relieving, emergency teachers and casual)
Model Flexibility Term. 19.4.1 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:
19.4.1. a The agreement deals with one or more of the following matters:
i. arrangements about when work is performed (Clause 19);
ii. overtime rates (Clause 35);
iii. penalty rates (Clause 37);
iv. allowances (Clause 38); v. leave loading (Clause 23); and
19.4.1. b the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph 19.4.1.a; and
Model Flexibility Term. 4.3.1 The City of Kwinana and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
4.3.1.1 The agreement deals with one (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
4.3.1.2 The arrangement meets the genuine needs of the City and the Employee in relation to one (1) or more of the matters mentioned in paragraph 4.3.1.1; and
4.3.1.3 The arrangement is genuinely agreed to by the City and the Employee.
4.3.2 The City must ensure that the terms of the individual flexibility arrangement:
4.3.2.1 Are about permitted matters under section 172 of the
4.3.2.2 Are not unlawful terms under section 194 of the Fair Work Act 2009; and
4.3.2.3 Result in the Employee being better off overall than the Employee would be if no arrangement was made.
4.3.3 The City must ensure that the individual flexibility arrangement:
4.3.3.1 Is in writing; and
4.3.3.2 Includes the name of the Employer (the City of Kwinana) and the Employee; and
4.3.3.3 Is signed by the City of Kwinana and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
4.3.3.4 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
4.3.3.5 States the day on which the arrangement commences.
4.3.4 The City must give the Employee a copy of the individual flexibility arrangement within14 days after it is agreed to.
4.3.5 The City or Employee may terminate the individual flexibility arrangement:
4.3.5.1 By giving no less than 28 days written notice to the other party to the arrangement; or
4.3.5.2 If the City and Employee agree in writing - at any time.
Model Flexibility Term. Individual employees and the company can agree to enter into written arrangements for more flexible working conditions. If that happens, the Fair Work Act contains a “model flexibility term”, and that, as amended from time to time, forms part of this agreement. The 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 agreement deals with 1 or more of the following matters:
i. arrangements about when work is performed ii. overtime rates
Model Flexibility Term. The model flexibility term as set out in Schedule 2.2 of the Fair Work Regulations 2009 will apply to this Agreement.
Model Flexibility Term.
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 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.
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
Model Flexibility Term
