WORKPLACE FLEXIBILITY. The employer must ensure that any Individual Flexibility Agreement (IFA) is genuinely agreed to by the employer and the employee and result in the employee being better off overall at the time the IFA is made than the employee would have been if no IFA had been agreed to.
8.1 Notwithstanding any other provision of the Agreement, the employer and an individual employee may agree to vary the application of certain terms of the Agreement to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary are the application of those permitted under Section 172 of the FW Act, and relates only to:-
8.1.1 arrangements for when work is performed;
8.1.2 salary sacrifice arrangements;
8.1.3 reduction in ordinary hours; and
8.1.4 are not unlawful terms under Section 194 of the FW Act.
8.2 The employer and the individual employee must have genuinely made the IFA without coercion or duress. An IFA can only be entered into after the individual employee has commenced employment with the employer.
8.3 The IFA between the employer and the individual employee must:
8.3.1 be confined to a variation in the application of one or more of the terms listed in Clause 8.1; and
8.4 The IFA between the employer and the individual employee must also:
8.4.1 be in writing, name the parties to the IFA and be signed by the employer and the individual employee and, if the employee is under eighteen (18) years of age, the employee’s parent or guardian;
8.4.2 state each term of the Agreement that the employer and the individual employee have agreed to vary;
8.4.3 detail how the application of each term has been varied by agreement between the employer and the individual employee;
WORKPLACE FLEXIBILITY. 50.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities).
50.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”).
(a) Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the way it is intended to operate. The agency will provide such information to such employee representative/s party to this Enterprise Agreement that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Enterprise Agreement.
(b) Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Enterprise Agreement, may refer the Proposal to the CPSE for consultation with those employee/s and with relevant employee representative/s party to this Enterprise Agreement.
(c) A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Enterprise Agreement (including a relevant Award) provided that this requirement will be deemed to be met where the relevant agency and the relevant employee representative/s party to this Enterprise Agreement have agreed that this requirement has been met.
(d) Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Enterprise Ag...
WORKPLACE FLEXIBILITY. Where, for bona fide operational reasons the Employer schedules employees to work Saturday or Sunday, the following criteria shall apply:
(a) New positions created and vacant positions may include Saturday and/or Sunday as a regular workday. Postings for these positions shall state the consecutive days of work.
(b) No regular employee hired prior to April 1, 1998 shall be required to work Saturday or Sunday as a regular workday, unless the employee is currently scheduled to work Saturday or Sunday.
(c) A premium of one additional hour of pay per shift shall apply to all regularly scheduled work on Saturday and Sunday.
(d) No employee shall be laid off or have their hours of work reduced as a result of this Article.
WORKPLACE FLEXIBILITY. Where, for bona fide operational reasons the Employer schedules employees to work Saturday or Sunday, the following criteria shall apply:
a) Local collective agreement language shall apply except as expressly provided below.
b) New positions created and vacant positions may include Saturday and/or Sunday as a regular workday. Postings for these positions shall state the consecutive days of work.
c) No regular employee hired prior to June 14, 2000 shall be required to work Saturday or Sunday as a regular workday, unless the employee is currently scheduled to work Saturday or Sunday.
d) A premium of one additional hour of pay per shift shall apply to all regularly scheduled work on Saturday and Sunday.
e) No employee shall be laid off or have their hours of work reduced as a result of this Article
WORKPLACE FLEXIBILITY. Workplace flexibility is a condition of employment. Employees shall be multi-skilled and work in a completely flexible manner. All employees will be required to perform a diverse range of functions within their level of skill and competence. There shall be no demarcation, restrictions or limitations on the performance of work what-so-ever, including or between traditional crafts, occupations, vocations or callings. Where any employee on any day performs two or more classes of work to which different rates of pay are applicable, the employee shall be paid at the higher hourly rate for the day if the employee is required to work at that rate for more than four hours.
WORKPLACE FLEXIBILITY a) The clauses referred to in this clause may be varied by an individual flexibility arrangement (“IFA”).
b) The Employer will not make an IFA unless the following conditions are satisfied:
I. The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement;
II. The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement;
III. The IFA must be genuinely agreed to by the Employer and the employee;
IV. The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to;
V. The IFA must be able to be terminated: • by either the employee, or the Employer, giving written notice of not more than 28 days; or • by the employee and the Employer at any time if they agree, in writing, to the termination.
c) The IFA must be in writing and signed:
I. in all cases—by the employee and the Employer; and
II. if the employee is under 18—by a parent or guardian of the employee; and
d) The IFA must be given to the employee within 14 days after it is agreed to.
e) It is a very serious breach of this Agreement if the Employer enters into an IFA and the above conditions are not satisfied.
f) The terms that may be subject to an IFA are: I. Service Increments at APPENDIX C – ALLOWANCES
WORKPLACE FLEXIBILITY.
16.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities).
WORKPLACE FLEXIBILITY. 42.1 The terms of the Agreement may be varied by an individual flexibility arrangement (“IFA”).
42.2 The Employer will not make an IFA unless the following conditions are satisfied:
42.3 The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement;
42.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement;
42.5 The IFA must be genuinely agreed to by the employer and the employee;
42.6 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to.
42.7 The IFA must be able to be terminated:
42.8 by either the employee, or the employer, giving written notice of not more than 28 days; or
42.9 by the employee and the employer at any time if they agree, in writing, to the termination.
42.10 The IFA must be in writing and signed:
42.11 in all cases by the employee and the employer; and
42.12 if the employee is under 18 by a parent or guardian of the employee; and
42.13 The IFA must be given to the employee within 14 days after it is agreed to.
WORKPLACE FLEXIBILITY. Where, for bona fide operational reasons the Employer schedules employees to work Saturday or Sunday, the following criteria shall apply:
(a) Local collective agreement language shall apply except as expressly provided below.
(b) New positions created and vacant positions may include Saturday and/or Sunday as a regular workday. Postings for these positions shall state the consecutive days of work.
(c) A premium of one additional hour of pay per shift shall apply to all regularly scheduled work on Saturday and Sunday.
(d) No employee shall be laid off or have their hours of work reduced as a result of this article.
WORKPLACE FLEXIBILITY. 27.3.1 An employee who is experiencing family and domestic violence shall not suffer any penalty in the event that they:
(a) are unable to provide availability
(b) cancel a shift
