Common use of WORKPLACE FLEXIBILITY Clause in Contracts

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. a) The clauses referred to terms in this clause Agreement may be varied by an individual flexibility arrangement (“IFA”). b) . The Employer will not make an IFA unless the following conditions are satisfied: I. i. The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement; IIii. The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; IIIiii. The IFA must be genuinely agreed to by the Employer employer and the employee; IViv. 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. v. The IFA must be able to be terminated: • : a. by either the employee, or the Employeremployer, giving written notice of not more than 28 days; or • or b. by the employee and the Employer employer at any time if they agree, in writing, to the termination. c) vi. The IFA must be in writing and signed: I. a. in all cases—by the employee and the Employeremployer; and II. b. if the employee is under 18—by a parent or guardian of the employee; and d) c. 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 – ALLOWANCESi. arrangements for when work is performed, such as working hours, ii. overtime rates, iii. penalty rates, iv. allowances, or v. leave loading.

WORKPLACE FLEXIBILITY. ‌ (a) The clauses referred to in clause 39 of this clause Agreement may be varied by an individual flexibility arrangement (“IFA”). (b) The Employer will not make an IFA unless the following conditions are satisfied: I. (c) The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement; II. (d) The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; III. (e) The IFA must be genuinely agreed to by the Employer and the employee; IV. (f) 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. (g) The IFA must be able to be terminated: • : i. by either the employee, or the Employer, giving written notice of not more than 28 days; or • or ii. by the employee and the Employer at any time if they agree, in writing, to the termination. c(h) The IFA must be in writing and signed: I. i. in all cases—by the employee and the Employer; and IIii. if the employee is under 18—by a parent or guardian of the employee; and d(i) The IFA must be given to the employee within 14 days after it is agreed to. e) i. 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