FLEXIBILITY TERM Sample Clauses
A Flexibility Term clause defines the conditions under which one or both parties may adjust certain aspects of an agreement, such as delivery dates, quantities, or services provided, without breaching the contract. Typically, this clause outlines the scope of permissible changes, any notice requirements, and potential limitations or procedures for making adjustments. Its core practical function is to provide adaptability within the contract, allowing parties to respond to unforeseen circumstances or changing needs while maintaining the overall integrity of the agreement.
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FLEXIBILITY TERM. 1.10.1. Mater and a Medical Officer 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 (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 Mater and the Medical Officer in relation to one (1) or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by Mater and the Medical Officer.
1.10.2. Mater must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and
(c) results in the Medical Officer being better off overall than the Medical Officer would be if no arrangement was made.
1.10.3. Mater must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of Mater and the Medical Officer; and
(c) is signed by Mater and the Medical Officer and if the Medical Officer is under 18 years of age, signed by a parent or guardian of the Medical Officer; 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 Medical Officer 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.
1.10.4. Mater must give the Medical Officer a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to.
1.10.5. Mater or the Medical Officer 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 Mater and the Medical Officer agree in writing—at any time.
FLEXIBILITY TERM. 31.1 Icon and Employees covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the arrangement deals with one or more of the following matters: i annual leave; ii arrangements about when work is performed; iii overtime rates; iv penalty rates; v allowances; and vi leave loading.
(b) the arrangement meets the genuine needs of Icon 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 Icon and the Employee.
31.2 Icon 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.
31.3 Icon must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of Icon and the Employee; and
(c) is signed by Icon 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 Agreement that will be varied by the arrangement; and ii how the arrangement will vary the effect of the terms of the Agreement; 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.
31.4 Icon must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
31.5 Icon 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 the Employer and Employee agree in writing — at any time.
31.6 Where an employee requests representation, this will not be unreasonably refused and shall extend to, Union representation, in negotiations for individual flexibility arrangements.
FLEXIBILITY TERM. 77.1. 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.
77.2. The Company and Employee may agree to an individual flexibility arrangement (“the arrangement”) to vary the requirement in the Annual Leave term that up to a maximum of 12 single days of annual leave may be taken.
77.3. The arrangement must meet the genuine needs of the Company and Employee and be genuinely agreed to by the Company and the Employee.
77.4. The Company must ensure that the arrangement: • Be about a permitted matter under the FW Act if the arrangement were an enterprise Agreement; and • Not include a term that would be an unlawful term under the FW Act if the arrangement were an enterprise agreement.
77.5. For the avoidance of doubt, this sub-clause does not allow the arrangement to vary the effect of terms of this Agreement other than the requirement in the Annual Leave term that up to a maximum of 12 single days of annual leave may be taken.
77.6. The Company must ensure that the arrangement results in the Employee being better off overall than the Employee would be if no arrangement were agreed to.
77.7. The Company must ensure that the arrangement: • is in writing; • includes the name of the Company and Employee; • is signed by the Company and Employee and if the Employee is under 18 years of age, also signed by a parent or guardian of the Employee; • includes detail of: - the Annual Leave term that will be varied by the arrangement; - how the arrangement will vary the effect of the Annual Leave term; - how the Employee will be better off overall than the Employee would be if no arrangement were agreed to; and • States the date on which the arrangement commences.
77.8. The Company must give the Employee a copy of the arrangement within 14 days after it is agreed to.
77.9. The Company or Employee may terminate the arrangement: • by giving written notice of not more than 28 days; or • if the Company and Employee agree in writing – at any time.
FLEXIBILITY TERM. 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:
FLEXIBILITY TERM. 34.1 The Company and 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 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates; 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.
34.2 The employer must ensure that the terms of the individual flexibility arrangement:
(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 arrangement was made.
34.3 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.
34.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
34.5 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
FLEXIBILITY TERM. 19.1 Qube 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 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 ▇▇▇▇ and an Employee in relation to 1 or more of the matters mentioned in paragraph 19.1(a); and
(c) the arrangement is genuinely agreed to by ▇▇▇▇ and Employee.
19.2 Qube must ensure that the terms of the individual flexibility arrangement:
(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 arrangement was made.
19.3 Qube must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of Qube and Employee; and
(c) is signed by ▇▇▇▇ 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 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.
19.4 Qube must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
19.5 Qube 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 Qube and Employee agree in writing – at any time.
FLEXIBILITY TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work ▇▇▇ ▇▇▇▇.
(a) The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for:
(i) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if
(ii) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (i); and
(iii) the arrangement is genuinely agreed to by the University and the staff member.
(b) The University must ensure that the terms of the individual flexibility arrangement and its terms:
(i) are about permitted matters under section 172 of the Fair Work ▇▇▇ ▇▇▇▇; and
(ii) are not unlawful terms under section 194 of the Fair Work ▇▇▇ ▇▇▇▇; and
(iii) results in the staff member being better off overall than the staff member would be if no arrangement was made and
(iv) is in writing; and
(v) includes the name of the University and the staff member; and
(vi) is signed by the University and the staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; and includes details of: • • the terms of the agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and how the staff member will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and states the day on which the arrangement commences.
(vii) does not require that anyone else approve it, other than the staff member and the University.
(c) The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(d) The University or the staff member may terminate the individual flexibility arrangement:
(i) by giving written notice of not less than 28 days; or
(ii) if the University and the staff member agree in writing — at any time.
FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an employer and 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 1 or more of the following matters:
(i) start and finish times; and
(ii) times for meal breaks.
(b) the arrangement meets the genuine needs of the employer and employee in relation to I or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
31.2 The employer must ensure that the terms of the individual flexibility arrangement:
(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 arrangement was made.
31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1.
31.4 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 their employment as a result of the arrangement.
31.5 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
31.6 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.
FLEXIBILITY TERM. The head of service and an individual employee may agree to vary the application of certain provisions of this Agreement to meet the particular needs of a business unit in the ACTPS and of the individual employee (an individual flexibility arrangement). The provisions of this Agreement that the head of service and an individual employee may agree to vary through an individual flexibility arrangement are: vacation childcare subsidy (clause E10 -); family care costs (clause E11 -); and emergency duty (clause C16 -). The head of service must ensure that the terms of the individual flexibility arrangement: are about matters that would be permitted if the arrangement were an enterprise agreement; does not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. The head of service must ensure that the individual flexibility arrangement: identifies the clause in A8.2 of this Agreement that the head of service and the employee have agreed to vary; sets out details of how the arrangement will vary the effect of the clause; includes details of 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 states the day the arrangement commences. An individual flexibility arrangement made under this clause must be genuinely agreed to by the head of service and the individual employee. Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this clause must not include a provision that requires the individual flexibility arrangement to be approved, or consented to, by another person. The head of service must ensure that an individual flexibility arrangement made under this clause must be in writing and signed: in all cases - by the employee and the head of service; and if the employee is under eighteen – by a parent or guardian of the employee. The head of service must give the employee a copy of an individual flexibility arrangement made under this clause within fourteen days after it is agreed to. The head of service or the employee may terminate the individual flexibility arrangement: by giving written notice of no more than twenty eight days to the other party to the arrangement; or if the head of service and the employee agree in writing – at any time. The right to ...
FLEXIBILITY TERM. 7.1. 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 one 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 one or more of the matters mentioned in paragraph 3.1 a); and
c) the arrangement is genuinely agreed to by the employer and employee.
7.2. 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 (Cth); and b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and