WORKPLACE FLEXIBILITY ARRANGEMENTS Sample Clauses

WORKPLACE FLEXIBILITY ARRANGEMENTS. 11.1 This subclause applies to all employees covered by this agreement. 11.2 These flexibility provisions establish both the standard employment conditions and the framework within which a flexibility arrangement can be reached varying the effect of a particular provision in order to meet the genuine needs of the employee and the Company. This flexibility provisions will not be used as a device to avoid the Company‟s employment obligations. 11.3 This subclause does not permit any variation the effect of which would be to vary the effect of the NES in a way not permitted by the Fair Work Act 2009. 11.4 The company must ensure that any flexibility arrangement made pursuant to this clause: 11.4.1 Must be about matters that would be permitted matters if the arrangement was an enterprise agreement; and 11.4.2 Must not include a term that would be an unlawful term if the arrangement was an enterprise agreement. 11.5 A genuine agreement can be reached between the Company and an individual employee at a particular site or a particular section of a site in relation to the following clauses (or subclauses) of this agreement: 11.5.1 The annual leave loading provisions of the Annual Leave clause 11.6 The company must ensure that any flexibility arrangement agreed to must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 11.7 The Company must ensure that the individual flexibility arrangement must be in writing and signed: 11.7.1 By the employee and the Company; and 11.7.2 If the employee is under 18 - by a parent or guardian of the employee. 11.8 The Company will ensure that a copy of the individual flexibility arrangement is given to the employee within 14 days of the arrangement being agreed. 11.9 Any individual flexibility arrangement may be terminated: 11.9.1 On no more than 28 days written notice given by the Company or the employee; or 11.9.2 By the employee and the Company, at any time, if they agree in writing to the termination.
Sample 1
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WORKPLACE FLEXIBILITY ARRANGEMENTS. 23.1 These flexibility provisions establish both the standard employment conditions and the framework within which a flexibility arrangement can be reached varying the effect of a particular provision in order to meet the genuine needs of the employee and the Company. This flexibility provisions will not be used as a device to avoid the Company‟s employment obligations. 23.2 This clause does not permit any variation the effect of which would be to vary the effect of the NES in a way not permitted by the Fair Work Act 2009. 23.3 The company must ensure that any flexibility arrangement made pursuant to this clause: 23.3.1 must be about matters that would be permitted matters if the arrangement was an enterprise agreement; and 23.3.2 must not include a term that would be an unlawful term if the arrangement was an enterprise agreement 23.4 The company must ensure that any flexibility arrangement agreed to must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 23.5 The Company must ensure that the individual flexibility arrangement must be in writing and signed: 23.5.1 by the employee and the Company; and 23.5.2 if the employee is under 18 - by a parent or guardian of the employee. 23.6 The Company will ensure that a copy of the individual flexibility arrangement is given to the employee within 14 days of the arrangement being agreed. 23.7 Any individual flexibility arrangement may be terminated: 23.7.1 On no more than 28 days written notice given by the Company or 23.7.2 The employee; or 23.7.3 By the employee and the Company, at any time, if they agree in writing to the termination. 23.8 Annualised salary arrangements may be utilised where there is a clearly identified operational need such as the need to attract or retain an employee or employees where there is a business need. This operational need will relate to an individual employee in a specific position or a group of employees in specific positions in the Company. 23.9 Annualised salary arrangements must not be used to distinguish employee salary arrangements purely on the basis of performance but performance may be a factor considered. 23.10 The annualised salary must also be calculated by reference to working arrangements. 23.11 Where the company wishes to offer an annualised salary, the process will be as follows: 23.11.1 There must be a genuine, clearly identified operational need relating a to an employee or g...
Sample 1
WORKPLACE FLEXIBILITY ARRANGEMENTS. ‌ 65.1 These flexibility provisions establish both the standard employment conditions and the framework within which a flexibility arrangement can be reached varying the effect of a particular provision in order to meet the genuine needs of the employee and the Company. This flexibility provisions will not be used as a device to avoid the Company’s employment obligations. 65.2 This clause does not permit any variation the effect of which would be to vary the effect of the NES in a way not permitted by the Fair Work Act 2009. 65.3 The company must ensure that any flexibility arrangement made pursuant to this clause: 65.3.1 Must be about matters that would be permitted matters if the arrangement was an enterprise agreement; and 65.3.2 Must not include a term that would be an unlawful term if the arrangement was an enterprise agreement 65.4 A genuine agreement can be reached between the Company and an individual employee at a particular site or a particular section of a site in relation to the following clauses (or subclauses) of this agreement: 65.4.1 The annual leave loading subclause of the Annual Leave clause. 65.5 The company must ensure that any flexibility arrangement agreed to must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 65.6 The Company must ensure that the individual flexibility arrangement must be in writing and signed: 65.6.1 By the employee and the Company; and 65.6.2 If the employee is under 18 - by a parent or guardian of the employee. 65.7 The Company will ensure that a copy of the individual flexibility arrangement is given to the employee within 14 days of the arrangement being agreed. 65.8 Any individual flexibility arrangement may be terminated: 65.9 On no more than 28 days written notice given by the Company or 65.9.1 The employee; or 65.9.2 By the employee and the Company, at any time, if they agree in writing to the termination.
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WORKPLACE FLEXIBILITY ARRANGEMENTS. 11.1 Subject to the terms of this agreement, nothing in this Agreement prevents the University and a staff member negotiating additional or flexible entitlements.
Sample 1
WORKPLACE FLEXIBILITY ARRANGEMENTS. 9.1 Team Global Express and an Employee may agree to make an individual flexibility arrangement to vary the effect of clause 38 of this Agreement to allow the Employee to take long service leave in a manner more beneficial to the Employee than provided for under the Long Service Leave Act 1955 (NSW) (LSL Act) provided that: (a) the arrangement meets the genuine needs of Team Global Express and the Employee in relation to the matter mentioned in clause 9.1; and (b) the arrangement is genuinely agreed to by Team Global Express and the Employee. 9.2 Team Global Express must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; (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. 9.3 Team Global Express must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of Team Global Express and the Employee; (c) is signed by Team Global Express and the 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 enterprise 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 his or her employment as a result of the arrangement; and (iv) states the day on which the arrangement commences. 9.4 Team Global Express must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 Team Global Express or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if Team Global Express and the Employee agree in writing at any time. 9.6 Where Team Global Express intends to reach any individual flexibility arrangement under this Agreement, Team Global Express must inform the Union, in writing, of its intent to enter such an arrangement, at least seven (7) days prior to entering that arrangement. When informing the Union under this subclause, Team Global Express must: (a) include details of the term(s) of the agreement and/or incorporated Award; (b) specify the classification under the Agreement which is relevant to that Employee; and (c) not disclose the name of...
Sample 1
WORKPLACE FLEXIBILITY ARRANGEMENTS. 9.1 This clause constitutes the flexibility term referred to in section 202 of the Fair Work Xxx 0000. 9.2 An employee and the University may agree to make an individual flexibility arrangement to vary the effect of terms of this agreement which will be confined to one or more of the following matters: (a) Allowing for the ordinary hours, Monday to Friday, of the employee to fall outside the span of hours in clause 63, with the provisions of clause 67 not to apply, provided that: (i) the flexibility arrangement specifies alternative ordinary hours of work for that employee (ii) any reference to "ordinary hours" in clause 64 will be taken to be a reference to the "ordinary hours" specified in the Flexibility Agreement (iii) Clause 64 applies to the employee’s ordinary hours as redefined. 9.3 The University must ensure that: (a) the arrangement meets the genuine needs of the University and the employee in relation to one or more of the matters mentioned in clause 9.2. (b) the arrangement is genuinely agreed to by RMIT and the employee. (c) agreement to a flexibility arrangement may not be a precondition for employment, reclassification or promotion. (d) the employee is advised that they are entitled to have a representative negotiate a flexibility arrangement on their behalf, providing that there is no requirement for the consent of a third party to the arrangement as specified in section 203(5) of the Fair Work Xxx 0000. (e) the employee and their representative must have at least three working days to consider the proposal. (f) the employee is provided with a copy of the written agreement and a copy of that agreement is retained as a time and wages record. 9.4 The University must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Xxx 0000; and (b) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 9.5 The University must ensure that the individual flexibility arrangement: (a) is provided in writing to the employee within 14 days after it is agreed; and (b) includes the name of RMIT and of the employee; and (c) is signed by RMIT and the 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 enterprise agreement that will be varied by the arrangement; and (...
Sample 1
WORKPLACE FLEXIBILITY ARRANGEMENTS. 31.1. Council will provide access to a range of flexible working arrangements to enable employees to achieve a balance between their work and their personal commitments and responsibilities, subject to this clause. 31.1.1. Flexibility arrangements will be subject to mutual agreement between Council (Manager/Supervisor) and the employee. 31.1.2. Council will ensure that a human resources representative is involved in the process. 31.1.3. The employee may appoint a representative if they wish 31.1.4. Consideration will be given to all requests that seek flexibility in hours of work. Flexibilities can include, but are not limited to: i. staggered start and finish times; ii. opportunity to work part-time; iii. flexible work starting and finishing locations (including working from home); iv. accrued and rostered days off (ADO/ RDO’s); v. job share; vi. options to accrue Time in Lieu (TIL) rather than be paid penalty rates for overtime. 31.1.5. In regard to requests for changes to accommodate an employee’s parental or carer responsibilities, Council will consider such requests in accordance with the provisions of the Equal Opportunity Act 2010 (Vic) and any other relevant legislation. No request will be unreasonably refused without consideration of all of the circumstances and may only be declined on reasonable business grounds and in accordance with the provisions of the NES. In assessing each request reasonable consideration must be given to: i. Reduction (if any) of customer service. ii. Disruption (if any) to operations of the employee’s Team or other Council service. iii. Suitable OHS, WorkCover and Insurance arrangements in place. iv. Security and confidentiality of Council records. v. Cost implications to Council. vi. Equipment requirements and establishment. vii. Hours of work. viii. Suitable network access and communication arrangements provided. 31.1.6. Council will provide a written response to applications for flexible working arrangements within a maximum of 21 days of receiving a written application from an employee. Council will ensure that a representative from Human Resources is involved in the process. 31.1.7. In the event a request for flexible working arrangement is declined employees can access the Grievance / Dispute Avoidance process - clause 8. 31.1.8. Council in consultation with the employee will conduct an annual review of the flexible working arrangement to assess reasonable viability of the arrangement continuing, adjusted or be term...
Sample 1
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WORKPLACE FLEXIBILITY ARRANGEMENTS. Where a term in this schedule is inconsistent with a term in the body of this agreement or with a term in schedule 2 of this agreement, this schedule will prevail to the extent of the inconsistency. This subclause applies to all employees covered by this agreement.
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WORKPLACE FLEXIBILITY ARRANGEMENTS a) Nature of Arrangements Under the terms of this Agreement the workplace flexibility arrangements that may be entered into may include, but not be limited to, the following matters: Hours of Work Overtime including accrual and cashing in of time in lieu of overtime Travel and accommodation expenses b) Negotiating Workplace Flexibility Arrangements Discussions leading to agreed workplace flexibility arrangements should be between the relevant manager/team leader, the local Union Delegate and the employees affected by the arrangement. Discussions should include all relevant details including: Nature of work to be performed How the work is to be performed Who is to perform the work When the work is to be done The basis on which payment, or otherwise, is to be made; and The timeframe the arrangement is to run for Essential Energy will endeavour to source employees from within the Regions/Field Service Centres concerned. When insufficient numbers are available, consultation will occur with the relevant Union/s prior to seeking interest external to the Region/Depots concerned. Where this occurs and the interested employees exceed the required numbers, the normal selection process shall apply. c) Recording the Arrangement The agreed workplace flexibility arrangement shall be committed to writing.
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Related to WORKPLACE FLEXIBILITY ARRANGEMENTS

  • Flexibility Arrangements 9.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary a term of the Agreement if the arrangement: (a) only varies the effect of (i) Clause 45 Parental Leave and Dad and Partner Pay (ii) Clause 42 Compassionate Leave

  • Individual Flexibility Arrangements 38.1 Where the Employer wants to enter into a individual flexibility arrangement (IFA) it must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. 38.2 The Employer and an Employee covered by this Agreement may agree to make an IFA to vary the effect of terms of the Agreement if: (a) it deals with one or more of the following matters: (i) Time between which ordinary hours are worked; (ii) Salary sacrifice Agreements; (iii) Reduction in ordinary hours; (iv) Increase in annual leave accrual each year; (v) Increase in rate of accrual of Rostered days off; (vi) Increase in wages; (vii) Increase in training leave (Union or otherwise); (b) The IFA meets the genuine needs of the Employer and the Employee covered by this Agreement in relation to one or more of the matters mentioned in paragraph (a) above; and (c) The IFA is genuinely agreed to by the Employer and the Employee. 38.3 The Employer must ensure that the terms of the IFA: (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 IFA was made. 38.4 The Employer must also ensure that any such IFA is: (a) in writing (including details of the terms that will be varied, how the IFA will vary the effect of the Enterprise Agreement terms, 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 IFA, and the day on which the IFA commences); (b) includes the name of the Employer and Employee; (c) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee; and (d) provided to the Employee within 14 days after it is agreed to. 38.5 The Employer or Employee may terminate the IFA by either the Employer or Employee giving written notice of not more than 28 days, or at any time by both parties agreeing in writing. 38.6 Where any of the requirements of ss 202 and 203 of the FW Act are not met, the IFA is of no effect.

  • Individual Flexibility Arrangement 12.1 The Employer and an Employee covered by this Agreement, may agree to make an Individual Flexibility Arrangement to vary the following terms of this Agreement if: (a) the arrangement deals with one or more of the following matters: (i) arrangements about where and when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; or (v) annual leave loading; (b) the arrangement must meet the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in subclause 14.1 (a); and (c) the arrangement is genuinely agreed to by the Employer and the Employee. 12.2 The Employer 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; (c) result in the Employee being better off overall than the Employee would be if no agreement was made. 12.3 The Employer must ensure that the Individual Flexibility Arrangement: (a) is in writing; (b) includes the name of the Employer and the Employee; (c) is signed by the Employer and the 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; (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 day on which the arrangement commences; 12.4 The Employer must give the Employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to. 12.5 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; or (b) if the Employer and the Employee agree in writing – at any time.

  • 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;

  • Equity Arrangements On the Change of Control, and notwithstanding any contrary provisions of the Amended and Restated 1994 Stock Option Plan, the Second Amended and Restated 1996 Long-Term Performance Incentive Plan or the 2003 Equity Incentive Plan (or any plans that may become the successors to such plans) and any equity incentive agreements entered into between the Company and the Executive pursuant to such plans or otherwise, cause any unexercisable installments of any equity of the Company or any subsidiary or affiliate of the Company held by the Executive pursuant to any such equity incentive agreement on the Executive’s last date of employment with the Company that have not expired to become exercisable, or in the case of any then effective restrictions on the vesting of any equity of the Company or any subsidiary or affiliate of the Company held by the Executive pursuant to any such equity incentive agreement, to cause such restrictions to lapse, as the case may be, on the Change of Control; and

  • Agreement Flexibility 8.1 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. 8.2 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 (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 8.3 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 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 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 (e) states the day on which the arrangement commences. 8.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 8.5 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; or (b) if the employer and employee agree in writing—at any time.

  • Business Arrangements Except as disclosed in the Registration Statement, the Time of Sale Disclosure Package and the Prospectus, neither the Company nor any of its subsidiaries has granted rights to develop, manufacture, produce, assemble, distribute, license, market or sell its products to any other person and is not bound by any agreement that affects the exclusive right of the Company or such subsidiary to develop, manufacture, produce, assemble, distribute, license, market or sell its products.

  • Implementation Arrangements Institutional Arrangements

  • SALARY SACRIFICE ARRANGEMENTS 34.1 Employees covered by this Agreement will have access to salary sacrifice arrangements in addition to the compulsory arrangement detailed above. The requirements of any such arrangements shall ensure that: (a) Accessing a salary sacrifice arrangement is a voluntary decision to be made by the individual Employee. (b) An Employee wishing to enter into a salary sacrifice arrangement will be required to notify their Employer in writing of the intention to do so and have sought expert advice in relation to entering into such an arrangement. (c) The Employer shall meet the cost of implementing the administrative and payroll arrangements necessary for the introduction of salary sacrifice to the Employees under the Agreement. (d) The co-contribution of superannuation payments referred to herein shall be made by way of salary sacrifice arrangements.

  • Flexible Working Arrangements In accordance with the Employment Relations Act 2000, an employee affected by family violence may request a short-term (two months or less) variation of their employment arrangements to assist the employee to deal with the effects of family violence.

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