Common use of Flexibility Arrangements Clause in Contracts

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 giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or ii) at any time, by written agreement between the employer and the individual employee. i) The notice provisions in clause 21(h)(i) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 21(h)(i), subject to four weeks ‘notice of termination. j) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.

Flexibility Arrangements. Individual flexibility arrangements a(i) Notwithstanding any other provision of this Agreement, an the 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(a) arrangements for when work is performed; ii) overtime rates; iii) penalty rates; iv(b) allowances; and v) leave loading. b(ii) 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(iii) The agreement between the employer and the individual employee must: i(a) be confined to a variation in the application of one or more of the terms listed in clause 21(a8.1.(i); and ii(b) 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(iv) The agreement between the employer and the individual employee must also: i(a) 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(b) state each term of this Agreement award that the employer and the individual employee have agreed to vary; iii(c) detail how the application of each term has been varied by agreement between the employer and the individual employee; iv(d) 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(e) state the date the agreement commences to operate. e(v) The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. f(vi) Except as provided in clause 21(d)(i8.iv(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee. g(vii) 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(viii) The agreement may be terminated: i(a) by the employer or the individual employee giving 13 four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or ii(b) at any time, by written agreement between the employer and the individual employee. i) The notice provisions in clause 21(h)(i) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 21(h)(i), subject to four weeks ‘notice of termination. j(ix) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreementEnterprise Agreement.

Flexibility Arrangements. Individual flexibility arrangements a) Notwithstanding any other provision of this Agreement, an 6.4.1 An employer and an individual employee covered by this enterprise agreement may agree to vary the application of certain terms of this Agreement to meet the genuine make an individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree flexibility arrangement to vary the application effect of are those concerningterms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (b) The employer and the individual employee must have genuinely made arrangement meets 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 genuine needs of the employer and the individual employee must: i) be confined in relation to a variation in the application of one 1 or more of the terms listed matters mentioned in clause 21(aparagraph (a); and ii(c) the arrangement is initiated by the employee and genuinely agreed to by the employer and employee. 6.4.2 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 at the time the agreement is made than the employee would have been be if no arrangement was made. 6.4.3 The employer must ensure that the individual flexibility agreement had been agreed to.arrangement: d(a) The agreement between is in writing; and (b) includes the name of the employer and the individual employee must also:employee; and i(c) be in writing, name the parties to the agreement and be is signed by the employer and the individual employee and, and if the employee is under 18 years of age, signed by a parent or guardian of the employee’s parent or guardian;; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) state each term how the arrangement will vary the effect of this Agreement that the employer and the individual employee have agreed to vary;terms; and (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 will be better off overall in relation to the individual employee’s terms and conditions of employmenthis or her employment as a result of the arrangement; and v(e) state states the date day on which the agreement commences to operatearrangement commences. e) 6.4.4 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages recordindividual flexibility arrangement within 14 days after it is agreed to. f) Except as provided in clause 21(d)(i) the agreement must not require the approval 6.4.5 The employer or consent of a person other than the employer and employee may terminate 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 terminatedflexibility arrangement: i(a) by the employer or the individual employee giving 13 weeks’ no more than 28 days written notice of termination, in writing, to the other party and to the agreement ceasing to operate at the end of the notice periodarrangement; or ii(b) if the employer and employee agree in writing — at any time, by written agreement between the employer and the individual employee. i) The notice provisions in clause 21(h)(i) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 21(h)(i), subject to four weeks ‘notice of termination. j) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.

Flexibility Arrangements. Individual 10.1 The Company and an Employee may agree to make an individual flexibility arrangements a) Notwithstanding any other provision arrangement to vary the effect of terms of this Agreement, an employer . 10.2 The intention of this clause is to enable the company and an individual employee may agree Employee to vary the application of certain terms of this Agreement make an arrangement as to meet the genuine individual needs of the employer and the individual employeewhen work is to be performed to assist Employees in special circumstances. Special circumstances include but are not limited to issues such as caring for family members or personal illness. The terms the employer company and the individual employee an Employee may agree to vary the application of are those concerning: i) make a genuine agreement about arrangements for about when work is performed; ii10.3 Clause 10.2 will not have affect on the following; (a) overtime rates; iii) penalty rates; iv(b) penalty rates generally; (c) shift allowances; (d) allowances generally; (e) leave loading; and v(f) leave loadingany notice required for a change of roster. b) 10.4 An individual flexibility arrangement must be genuinely agreed to by the Employee and the Company. In order to ensure genuine agreement, the Employee may elect a representative as part of the agreement process with which the Company will advise the representative prior to an individual flexibility arrangement being entered into. The Employee has the option to seek advice from the TWU. Individual flexibility arrangements may only be made with existing Employees and must not be made a condition of engagement. Should the Employee so elect, the TWU shall be notified of the individual flexibility arrangement. 10.5 The employer and must ensure that the terms of 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 mustflexibility arrangement: i(a) be confined to a variation in the application of one or more are about permitted matters under section 172 of the terms listed in clause 21(a)Fair Work Act 2009; and ii(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall at the time the agreement is made than the employee would have been be if no arrangement was made. 10.6 The employer must ensure that the individual flexibility agreement had been agreed to.arrangement: d(a) The agreement between is in writing; and (b) includes the name of the employer and the individual employee must also:employee; and i(c) be in writing, name the parties to the agreement and be is signed by the employer and the individual employee and, and if the employee is under 18 years of age, signed by a parent or guardian of the employee’s parent or guardian;; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) state each term how the arrangement will vary the effect of this Agreement that the employer and the individual employee have agreed to vary;terms; and (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 will be better off overall in relation to the individual employee’s terms and conditions of employmenthis or her employment as a result of the arrangement; and v(iv) state states the date day on which the agreement commences to operatearrangement commences. e) 10.7 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages recordindividual flexibility arrangement within 14 days after it is agreed to. f) Except as provided in clause 21(d)(i) the agreement must not require the approval 10.8 The employer or consent of a person other than the employer and employee may terminate 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 terminatedflexibility arrangement: i(a) by the employer or the individual employee giving 13 weeks’ 28 days written notice of termination, in writing, to the other party and to the agreement ceasing to operate at the end of the notice periodarrangement; or ii(b) if the employer and employee agree in writing — at any time, by written agreement between the employer and the individual employee. i) The notice provisions in clause 21(h)(i) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 21(h)(i), subject to four weeks ‘notice of termination. j) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.

Flexibility Arrangements. Individual flexibility arrangements a) Notwithstanding any other provision of 13.1 An employee and the employer covered by this Agreement, an employer and an individual employee Agreement may agree to make an individual flexibility arrangement to vary the application effect of certain the terms of this the Agreement to meet either: (a) vary the effect of sub-clause 118.1 by allowing the employee to purchase additional annual leave over and above the entitlement provided for in sub-clause 118.1; or (b) vary the effect of clause 27 by allowing the employee to cash out part or all of the Accrued Time Off entitlement provided for in that clause; if the arrangement meets the genuine individual needs of the employer and employee in relation to the individual employee. The terms matters contained in this clause and the arrangement is genuinely agreed to by the employer and employee. 13.2 The employer must ensure that the terms of any individual employee may agree to vary the application of are those concerningflexibility arrangement: i(a) arrangements for when work is performed; ii) overtime rates; iii) penalty rates; iv) allowancesare about permitted matters under section 172 of FW Act; and v) leave loading. (b) The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement are not unlawful terms 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 section 194 of the terms listed in clause 21(a)FW Act; and ii(c) result in the employee being better off overall at the time the agreement is made than the employee would have been if no arrangement was made. 13.3 The employer must ensure that any individual flexibility agreement had been agreed to.arrangement made under this term: d(a) The agreement between is in writing; and (b) includes the name of the employer and the individual employee must also:employee; and i(c) be in writing, name the parties to the agreement and be is signed by the employer and the individual employee and, and if the employee is under 18 years 18, by a parent or guardian of age, the employee’s parent or guardian; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; (ii) state each term how the arrangement will vary the effect of this Agreement that the employer and the individual employee have agreed to varyterms; (iii) detail states the day on which the arrangement commences; and (iv) 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 will be better off overall in relation to the individual employee’s terms and conditions of employment; and v) state his or her employment as a result of the date the agreement commences to operatearrangement. e) 13.4 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages recordindividual flexibility arrangement within 14 days after it is agreed to. f13.5 The employer or the employee may terminate the individual flexibility arrangement by: (a) giving no more than 28 days written notice to the other party of the arrangement; or (b) if the employer and employee agree in writing – at any time. 13.6 Except as provided in required by sub-clause 21(d)(i) 13.3 the agreement employer must ensure that any individual flexibility arrangement made by the employer and an employee under this term does not require the approval or consent of a person other than the employer and the individual employeeanother person. 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 giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or ii) at any time, by written agreement between the employer and the individual employee. i) The notice provisions in clause 21(h)(i) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 21(h)(i), subject to four weeks ‘notice of termination. j) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.