Flexibility Arrangements Sample Clauses
Flexibility Arrangements. 10.1 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 47 Parental Leave
(ii) clause 44 Compassionate Leave
(iii) clause 46 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to the matter mentioned in clause 10.1
(a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
10.2 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;
(b) are not unlawful terms under section 194 of the Fair Work 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 terms of 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 (if the Employee is under the age of 18, signed by a parent or guardian of the Employee;
(d) includes details of:
(i) the terms of this 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.
10.4 The Employer must give the Employee a copy of the individual flexibility arrangement within fourteen (14) days.
10.5 Upon request by the relevant Employee/s, the Employer must provide copies of all flexibility arrangements made under this clause to the Union/Union Delegate/Employee Representative.
10.6 The Employer or Employee may terminate the individual flexibility arrangement by giving not more than twenty-eight (28) days’ written notice to the other Party to the arrangement; or if the Employer and Employee agree in writing at any time.
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
Flexibility Arrangements. 10.1 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
Flexibility Arrangements. 12.1. The Parties covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
12.1.1. The agreement deals with 1 or more of the following matters:
12.1.1.1. Arrangements about when work is performed;
12.1.1.2. Overtime rates;
12.1.1.3. Penalty rates;
Flexibility Arrangements.
4.7.1 An Employee covered by this Agreement, and the Company, 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 Employee and the Company in relation to 1 or more of the matters mentioned in paragraph (a); and
c) the arrangement is genuinely agreed to by the Company and Employee.
4.7.2 The Company 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; and
c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
4.7.3 The Company must ensure that the individual flexibility arrangement:
a) is in writing;
b) includes the name of the Company and Employee;
c) is signed by the Company and 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; 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.
4.7.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
4.7.5 The Company 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) at any time that the Company and Employee agree in writing.
Flexibility Arrangements. 8.1 An Employee and ▇▇▇▇▇▇ may agree to make an individual flexibility arrangement to vary the effect of terms of this 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
(vi) training arrangements
(b) the arrangement meets the genuine needs of ▇▇▇▇▇▇ and the Employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by ▇▇▇▇▇▇ and the Employee.
8.2 ▇▇▇▇▇▇ must ensure that the terms of the individual flexibility arrangement:
(a) are about 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.
8.3 ▇▇▇▇▇▇ must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employee and ▇▇▇▇▇▇; and
(c) is signed by ▇▇▇▇▇▇ 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 this 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 ▇▇▇▇▇▇ must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
8.5 ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ and the Employee agree in writing--at any time.
Flexibility Arrangements. 6.1 The Company 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:
(a) the Agreement deals with one or more of the following matters:
(i) act-up arrangements;
(ii) an employee may request that up to three (3) days annual leave be taken in single day absences; and
(b) the arrangement meets the genuine needs of the Company and employee in relation to one or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the Company and the employee.
6.2 The Company 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.
6.3 The Company must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Company and employee; and
(c) is signed by the Company and employee and if the employee is under eighteen (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
(e) states the day on which the arrangement commences; and
6.4 The Company must give the employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to.
6.5 The Company or employee may terminate the individual flexibility arrangement:
(a) by giving no more than twenty eight (28) days written notice to the other party to the arrangement; or
(b) if the Company and employee agree in writing — at any time.
Flexibility Arrangements. Individual flexibility arrangements
a) Notwithstanding any other provision of this Agreement, an employer and an individual employee may agree to vary the application of certain terms of this 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 the application of are those concerning:
i) arrangements for when work is performed;
ii) overtime rates;
iii) penalty rates;
iv) allowances; and
v) leave loading.
b) The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.
c) The agreement between the employer and the individual employee must:
i) be confined to a variation in the application of one or more of the terms listed in clause 21(a); and
ii) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.
d) The agreement between the employer and the individual employee must also:
i) be in writing, name the parties to the agreement 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;
ii) state each term of this Agreement that the employer and the individual employee have agreed to vary;
iii) detail how the application of each term has been varied by agreement between the employer and the individual employee;
iv) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
v) state the date the agreement commences to operate.
e) The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
f) Except as provided in clause 21(d)(i) 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 agreement 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 agreement may be terminated:
i) by the employer or the individual employee...
Flexibility Arrangements. 1. Two or more Contracting States wishing to develop or implement further arrangements to increase the level of harmonization, performance or cooperation between themselves or the service providers providing FAB CE services in their applicable airspace may enter into flexibility arrangements in accordance herewith.
2. Such arrangements shall not affect the rights and obligations of those Contracting States not participating in such arrangements and shall not contradict the decisions already adopted by the FAB CE Council and the level of harmonization already established between the Contracting States participating in the individual arrangement and the other Contracting States.
Flexibility Arrangements. Individual flexibility arrangement