Agreed Flexibilities. (a) An employer and an individual employee may agree to an arrangement which varies the effect of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this agreement which the employer and the individual employee may arrange to vary are listed below: • Single day absences of annual leave (b) The employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement. (c) The arrangement between the employer and the individual employee must: (i) only be about one or more of the terms listed in clause 35.2(a); and (ii) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to; (iii) be about matters that would be permitted matters if the arrangement were included in this enterprise agreement; and (iv) not include a term that would be an unlawful term if the arrangement were included in this enterprise agreement; (v) be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (vi) set out each term of this agreement that the employer and the individual employee have agreed to vary the effect of; (vii) set out how the effect of each term has been varied by the arrangement. (viii) set out how the arrangement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (ix) state the date the arrangement commences to operate. (d) The employer is responsible for ensuring that all of the requirements of clause 35.2(c) are met. (e) The employer must give the individual employee a copy of the arrangement within 14 days of reaching agreement and keep the agreement as a time and wages record.
Appears in 1 contract
Sources: Enterprise Agreement
Agreed Flexibilities. (a) An employer and an individual employee may agree to an arrangement which varies the effect of certain terms of this agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this agreement which the employer and the individual employee may arrange to vary are listed below: • :
(i) Single day absences of annual leave
(b) The employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The employer Employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement.
(c) The arrangement between the employer and the individual employee must:
(i) only be about one or more of the terms listed in clause 35.2(a36.2(a); and
(ii) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to;
(iii) be about matters that would be permitted matters if the arrangement were included in this enterprise agreement; and
(iv) not include a term that would be an unlawful term if the arrangement were included in this enterprise agreement;
(v) be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
(vi) set out each term of this agreement that the employer and the individual employee have agreed to vary the effect of;
(vii) set out how the effect of each term has been varied by the arrangement.
(viii) set out how the arrangement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(ix) state the date the arrangement commences to operate.
(d) The employer is responsible for ensuring that all of the requirements of clause 35.2(c36.2(c) are met.
(e) The employer must give the individual employee a copy of the arrangement within 14 days of reaching agreement and keep the agreement as a time and wages record.
(f) Except as provided in clause 36.2(c)(v) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
(g) An employer seeking to enter into an arrangement 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.
(h) The arrangement may be terminated:
(i) by the employer or the individual employee giving 28 days’ notice of termination, in writing, to the other party (if the individual employee was represented in negotiating the arrangement the union or other representative, must also be given notice of its proposed termination); or
(ii) at any time, by written agreement between the employer and the individual employee.
Appears in 1 contract
Sources: Enterprise Agreement