Common use of FLEXIBILITY TERM Clause in Contracts

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. 31.1 Icon 9.1 The Company and Employees 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 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 the Company and the Employee in relation to one or more of the matters mentioned in paragraph (a)Employee; and (cb) the arrangement is genuinely agreed to by Icon the Company and the Employee. 31.2 Icon 9.2 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; and; (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. 31.3 Icon 9.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the Company and the Employee; and (c) is signed by Icon the Company and the Employee and, 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 : (i) the terms of the Agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 9.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 9.5 The Company 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 Company 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. 31.1 Icon 7.1 nbn and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with one or more of the following matters: i annual leave; ii : (i) arrangements about when work is performed; iii ; (ii) overtime rates; iv ; (iii) penalty rates; v ; (iv) allowances; and vi ; (v) leave loading.; and (b) the arrangement meets the genuine needs of Icon nbn and the Employee in relation to one or more ormore of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by Icon nbn and the Employee. 31.2 Icon 7.2 nbn 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 7.3 nbn must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon nbn and the Employee; and (c) is signed by Icon nbn and the Employee and, 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 : (i) the terms of the Agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 7.4 nbn must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 7.5 nbn 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 nbn and the Employer and Employee agree in writing — 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. 31.1 Icon (a) The Employer and Employees covered by this Agreement an Employee may agree to make an individual flexibility arrangement IFA to vary the effect of certain terms of the this Agreement if: (ai) the arrangement IFA deals with one or more of the following matters: i annual leave; ii : (A) arrangements about when work is performed; iii overtime Enterprise agreement 7 Draft Oct 2024 (B) Overtime rates; iv ; (C) penalty rates; v ; (D) allowances; and vi ; (E) leave loading; and (ii) the IFA meets the genuine needs of the Employer and Employee; and (iii) the IFA is genuinely agreed to by the Employer and Employee. (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 The Employer must ensure that the terms of the individual flexibility arrangementIFA entered into under this clause: (ai) are about permitted matters under section 172 of the Fair Work Act; and (bii) are not unlawful terms under section 194 of the Fair Work Act; and (ciii) result in the relevant Employee being better off overall than the Employee would be if no arrangement IFA was made. 31.3 Icon (c) The Employer must ensure that the individual flexibility arrangementan IFA made with an Employee: (ai) is in writing; and (bii) includes the name of Icon the Employer and the Employee; and (ciii) is signed by Icon the Employer and the Employee andEmployee, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: i : (A) the terms of the this Agreement that will be varied by the arrangementvaried; and ii and (B) how the arrangement IFA will vary the effect of the terms of the Agreementterms; and iii and (C) 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 arrangementIFA; and (ev) states the day on which the arrangement IFA commences. 31.4 Icon (d) The Employer must give the relevant Employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 31.5 Icon (e) A copy of the IFA will also be kept as part of the Employer’s records. (f) The Employer or the Employee may terminate the individual flexibility arrangementIFA: (ai) by giving no more than 28 days days’ written notice to the other party to the arrangementIFA; or (bii) at any time, if the Employer and Employee agree in writing — at any timewriting. 31.6 Where (g) The right to make an employee requests representation, IFA pursuant to this will not be unreasonably refused and shall extend clause is in addition to, Union representationand is not intended to otherwise affect, any provision for an agreement between the Employer and an Employee contained in negotiations for individual flexibility arrangements.any other term of this Agreement. Enterprise agreement 8 Draft Oct 2024

FLEXIBILITY TERM. 31.1 Icon 14.1 Tidewater and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the arrangements about when work is performed following terms of the this 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 The arrangement meets the genuine needs of Icon ▇▇▇▇▇▇▇▇▇ and the Employee in relation to one either or more both of the matters mentioned in paragraph (a); andabove matters; (cb) the The arrangement is genuinely agreed to by Icon ▇▇▇▇▇▇▇▇▇ and the Employee; (c) It does not affect any other Employee covered by this Agreement; and (d) An individual flexibility arrangement must not include a reduction in leave or ▇▇▇▇▇▇▇. 31.2 Icon 14.2 Tidewater must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the Fair Work Act; and. (b) are Are not unlawful terms under section 194 of the Fair Work Act; and (c) result Result in the Employee being better off overall than the Employee would be have been if no arrangement was made. 31.3 Icon 14.3 Tidewater must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of Icon Tidewater and the Employee; and (c) is Is signed by Icon ▇▇▇▇▇▇▇▇▇ and the Employee andEmployee, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes Includes details of: i the : (i) The terms of the this Agreement that will be varied by the arrangement; and ii how and (ii) How the arrangement will vary the effect of the terms of the Agreementterms; and iii how 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. (eiv) states States the day on which the arrangement commences. 31.4 Icon 14.4 Tidewater must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 14.5 Tidewater or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days written notice to the other party to the arrangement; or. (b) if the Employer and If Tidewater or 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. 31.1 Icon 8.1 The Employer and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with one 1 or more of the following matters: i annual leave; ii : i. arrangements about when work is performed; iii ; ii. overtime rates; iv ; iii. penalty rates; v ; iv. allowances; and vi ; v. leave loading.; and (b) the arrangement meets the genuine needs of Icon the Employer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (aclause 8.1(a); and (c) the arrangement is genuinely agreed to by Icon the Employer and the Employee. 31.2 Icon 8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon 8.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the Employer and the Employee; and (c) is signed by Icon the Employer and the Employee and, 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 : i. the terms of the Agreement that will be varied by the arrangement; and ii and ii. how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 8.5 The Employer or the Employee may terminate the individual flexibility arrangementarrangement by: (a) by giving no more than 28 days 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. 31.1 Icon 6.1. The Employer and Employees 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 arrangement agreement deals with one or more of the following matters: i annual leave; ii : (i) arrangements about when work is performed; iii ; (ii) overtime rates; (iii) taking of meal breaks; iv penalty rates; v allowances; and vi leave loading.and (iv) taking of excess annual leave; (b) the arrangement meets the genuine needs of Icon the Employer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by Icon the Employer and the Employee. 31.2 Icon 6.2. The Employer 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 6.3. The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the Employer and the Employee; and (c) is signed by Icon the Employer and the Employee and, 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 : (i) the terms of the Agreement agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 6.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 6.5. The Employer 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. 31.1 Icon 14.1 ▇▇▇▇▇▇▇ and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the arrangements about when work is performed following terms of the this 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 The arrangement meets the genuine needs of Icon ▇▇▇▇▇▇▇ and the Employee in relation to one either or more both of the matters mentioned in paragraph (a); andabove matters; (cb) the The arrangement is genuinely agreed to by Icon ▇▇▇▇▇▇▇ and the Employee; (c) It does not affect any other Employee covered by this Agreement; and (d) An individual flexibility arrangement must not include a reduction in leave or ▇▇▇▇▇▇▇. 31.2 Icon 14.2 ▇▇▇▇▇▇▇ must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the Fair Work Act; and. (b) are Are not unlawful terms under section 194 of the Fair Work Act; and (c) result Result in the Employee being better off overall than the Employee would be have been if no arrangement was made. 31.3 Icon 14.3 ▇▇▇▇▇▇▇ must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of Icon ▇▇▇▇▇▇▇ and the Employee; and (c) is Is signed by Icon ▇▇▇▇▇▇▇ and the Employee andEmployee, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes Includes details of: i the : (i) The terms of the this Agreement that will be varied by the arrangement; and ii how and (ii) How the arrangement will vary the effect of the terms of the Agreementterms; and iii how 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. (eiv) states States the day on which the arrangement commences. 31.4 Icon 14.4 ▇▇▇▇▇▇▇ must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 14.5 ▇▇▇▇▇▇▇ or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days written notice to the other party to the arrangement; or. (b) if the Employer and If ▇▇▇▇▇▇▇ or 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. 31.1 Icon ‌ 27.1 An Employer and Employees 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 arrangement agreement deals with one or more of the following matters: i annual leave; ii : i. arrangements about when work is performed; iii performed and/or meal breaks taken; ii. overtime rates; iv ; iii. penalty rates; v ; iv. allowances; and vi ; v. leave loading.; and (b) the arrangement meets the genuine needs of Icon the Employer 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 the Employer and the Employee. 31.2 Icon 27.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009 ; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon 27.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the Employer and the Employee; and (c) is signed by Icon the Employer and the Employee and, 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 : (i) the terms of the Agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 27.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 27.5 The Employer 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 — 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. 31.1 Icon 5.8.1 The Employer and Employees an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) 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 The agreement meets the genuine needs of Icon the Employer and the Employee in relation to one or more of the matters mentioned in paragraph (a); andEmployee. (cii) the The arrangement is genuinely agreed to by Icon the Employer and the Employee. 31.2 Icon 5.8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 31.3 Icon 5.8.3 The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of Icon the Employer and the Employee; and (ciii) is signed by Icon the Employer and the Employee and, and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) and includes details of: i : (i) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of terms. (iii) How the Agreement; and iii how the Employee 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 (eiv) states the day on which the arrangement commences. 31.4 Icon 5.8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 5.8.5 The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and the 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 5.8.6 There is no requirement that any individual flexibility arrangementsarrangement agreed to by the Employer and an Employee be approved by or consented to by any other party whether before or after the arrangement has been agreed to.

FLEXIBILITY TERM. 31.1 Icon 7.1 nbn and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with one 1 or more of the following matters: i annual leave; ii : (i) arrangements about when work is performed; iii ; (ii) overtime rates; iv ; (iii) penalty rates; v ; (iv) allowances; and vi ; (v) leave loading.; and (b) the arrangement meets the genuine needs of Icon nbn and the Employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by Icon nbn and the Employee. 31.2 Icon 7.2 nbn 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 employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon 7.3 nbn must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon nbn and the Employee; and (c) is signed by Icon nbn and the Employee and, 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 : (i) the terms of the Agreement that will be varied by the arrangement; and ii and (i) how the arrangement will vary the effect of the terms of the Agreementterms; and iii and (ii) 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 7.4 nbn must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 7.5 nbn 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 nbn and the Employer and Employee agree in writing — 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. 31.1 Icon 3.1 The Company and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement ifif the arrangement: (a) the arrangement deals with one or more of the following matters: i annual leave; ii : (i) arrangements about when work is performed; iii ; (ii) overtime rates; iv ; (iii) penalty rates; v ; (iv) allowances; and vi or (v) leave loading.; and (b) the arrangement meets the genuine needs of Icon the Company and the Employee in relation to one or more of the matters mentioned in paragraph (a3.1(a); and (c) the arrangement is genuinely agreed to by Icon the Company and the Employee. 31.2 Icon 3.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are would be 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 3.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the Company’s name of Icon and the Employee’s name; and (c) is signed by Icon the Company and the relevant Employee andor, if the relevant Employee is under 18 years of age, is signed by a parent or guardian of the that Employee; and (d) includes details of: i : (i) the terms of the this Agreement that will which are to be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the this Agreement; and iii and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (eiv) states the day on which the arrangement commences. 31.4 Icon 3.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 3.5 The Company 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 Company and the 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. 31.1 Icon 35.1 An Employer and Employees Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with one 1 or more of the following matters: i annual leave; ii : (i) arrangements about when work is performed; iii ; (ii) overtime rates; iv ; (iii) penalty rates; v ; (iv) allowances; and vi ; (v) leave loading.; and (b) the arrangement meets the genuine needs of Icon the Employer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by Icon the Employer and the Employee. 31.2 Icon 35.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon 35.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the Employer and the Employee; and (c) is signed by Icon the Employer and the Employee and, 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 : (i) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 35.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 35.5 The Employer 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. 31.1 Icon (a) An Employer and Employees Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if: (ai) the arrangement this Agreement deals with one (1) or more of the following matters: i annual leave; ii : A. arrangements about when work is performed; iii ; B. overtime rates; iv ; C. penalty rates; v ; D. allowances; and vi and E. leave loading. (bii) the arrangement this Agreement meets the genuine needs of Icon the Employer and the Employee in relation to one or more of the matters mentioned in paragraph (a); and (ciii) the arrangement this Agreement is genuinely agreed to by Icon the Employer and the Employee. 31.2 Icon (b) The Employer must ensure that the terms of the individual flexibility arrangementagreement: (ai) are about permitted matters under section 172 of the Act; and; (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and; (bii) includes the name of Icon the Employer and the Employee; and; (ciii) is signed by Icon the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: i : A. the terms of the this Agreement that will be varied by the arrangement; and ii ; B. how the arrangement will vary the effect of the terms of the Agreement; and iii terms; C. 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 D. the day on which the arrangement this Agreement commences. 31.4 Icon (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) 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. 31.1 Icon 29.1. DBNGP and Employees covered by this Agreement an Employee may agree to make an individual flexibility arrangement to vary the effect of any of the terms of the this Agreement if: (a) the arrangement The agreement deals with one (1) or more of the following matters: i annual leave; ii : i. arrangements about when work is performed; iii ; ii. overtime rates; iv ; iii. penalty rates; v ; iv. allowances; and vi ; v. leave loading.; and (b) the The arrangement meets the genuine needs of Icon the employer and the Employee in relation to one (1) or more of the matters mentioned in paragraph clause (a); and (c) the The arrangement is genuinely agreed to by Icon the employer and the Employee. 31.2 Icon 29.2. DBNGP must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon 29.3. DBNGP must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the employer and the Employee; and (c) is signed by Icon the employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: i : i. the terms of the Agreement enterprise agreement that will be varied by the arrangement; and ii and ii. how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 29.4. DBNGP must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 29.5. DBNGP 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 DBNGP and 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. 31.1 Icon (a) The Employer and Employees an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) the individual flexibility arrangement deals with one 1 or more of the following matters: i annual leave; ii : (1) arrangements about when work is performed; iii ; (2) overtime rates; iv ; (3) penalty rates; v ; (4) allowances; and vi ; (5) leave loading.; and (bii) the arrangement meets the genuine needs of Icon the Employer and the Employee employee in relation to one 1 or more of the matters mentioned in paragraph (a39(a)(i); and (ciii) the arrangement is genuinely agreed to by Icon the Employer and the Employeeemployee. 31.2 Icon (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work ▇▇▇ ▇▇▇▇; and (bii) are not unlawful terms under section 194 of the ActFair Work ▇▇▇ ▇▇▇▇; and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 31.3 Icon (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of Icon the Employer and the Employeeemployee; and (ciii) is signed by Icon the Employer and the Employee and, employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (div) includes details of: i : (1) the terms of the Agreement that will be varied by the arrangement; and ii and (2) how the arrangement will vary the effect of the terms of the Agreementterms; and iii and (3) how the Employee 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 (ev) states the day on which the arrangement commences. 31.4 Icon (d) The Employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon (e) The Employer or the Employee employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and Employee employee agree in writing — writing--at any time. 31.6 Where (f) The right to make an employee requests representation, individual flexibility arrangement pursuant to this will not be unreasonably refused and shall extend clause 39 is in addition to, Union representationand is not intended to otherwise affect, any provision for an agreement or arrangement between the Employer and an individual employee contained in negotiations any other term of this Agreement, including for individual flexibility arrangementsinstance, the provisions contained in clause 20.

FLEXIBILITY TERM. 31.1 Icon (a) An Employer and Employees Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) the arrangement The agreement deals with one (1) or more of the following matters: i annual leave; ii : 1. arrangements about when work is performed; iii ; 2. overtime rates; iv ; 3. penalty rates; v ; 4. allowances; and vi ; 5. leave loading.; and (bii) the The arrangement meets the genuine needs of Icon the Employer and the Employee in relation to one (1) or more of the matters mentioned in paragraph (ai); and (ciii) the The arrangement is genuinely agreed to by Icon the Employer and the Employee. 31.2 Icon (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are Are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result Result in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon (c) The Employer must ensure that the individual flexibility arrangement: (ai) is Is in writing; and (bii) includes Includes the name of Icon the Employer and the Employee; and (ciii) is Is signed by Icon the Employer and the Employee and, and if the Employee is under 18 eighteen (18) years of age, signed by a parent or guardian of the Employee; and (div) includes Includes details of: i : 1. the terms of the Enterprise Agreement that will be varied by the arrangement; and ii and 2. how the arrangement will vary the effect of the terms of the Agreementterms; and iii and 3. 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 (ev) states States the day on which the arrangement commences. 31.4 Icon (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 31.5 Icon (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by By giving no more than 28 twenty eight (28) days written notice to the other party to the arrangement; or (bii) if If the Employer and Employee agree in writing — at any time. 31.6 Where (f) The Employer recommends the Employee seek advice from their Union representative, accountant or other party before entering into an employee requests representation, this will not be unreasonably refused and shall extend to, Union representation, in negotiations for individual flexibility arrangementsagreement.

FLEXIBILITY TERM. 31.1 Icon 8.1 The Employer and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if: (a) the individual flexibility arrangement deals with one 1 or more of the following matters: i annual leave; ii : (i) arrangements about for when work is performed; iii overtime ; (ii) wage rates; iv penalty rates; v allowances; and vi leave loadingand/or (iii) overtime. (b) the individual flexibility arrangement meets the genuine needs of Icon the Employer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the individual flexibility arrangement is genuinely agreed to by Icon the Employer and the Employee. 31.2 Icon 8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 31.3 Icon 8.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the Employer and the Employee; and (c) is signed by Icon the Employer and the Employee and, 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 : (i) the terms of the this Agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 (eiv) states the day on which the arrangement commences. 31.4 Icon 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 8.5 The Employer 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. 31.1 Icon 12.1. ▇▇▇▇▇ the Hirer and Employees any 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 arrangement Agreement deals with one 1 or more of the following matters: i annual leave; ii : i. arrangements about when work is performed; iii ; ii. overtime rates; iv ; iii. penalty rates; v ; iv. allowances; and vi ; v. leave loading.; and (b) the arrangement meets the genuine needs of Icon ▇▇▇▇▇ the Hirer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (aClause 12.1(a); and (c) the arrangement is genuinely agreed to by Icon ▇▇▇▇▇ the Hirer and the Employee. 31.2 Icon 12.2. ▇▇▇▇▇ the Hirer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act; and (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. 31.3 Icon 12.3. ▇▇▇▇▇ the Hirer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon ▇▇▇▇▇ the Hirer and the Employee; and (c) is signed by Icon ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ and the Employee and, 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 : i. the terms of the Agreement that will be varied by the arrangement; and ii and ii. how the arrangement will vary the effect of the terms of the Agreementterms; and iii and iii. how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 31.4 Icon 12.4. ▇▇▇▇▇ the Hirer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 12.5. ▇▇▇▇▇ the Hirer or the relevant 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 Hirer and the 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. 31.1 Icon (a) The Company and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) the arrangement agreement deals with one or more of the following matters: i annual leave; ii : i. arrangements about when and how work is performed; iii ; ii. overtime rates; iv ; iii. penalty rates; v allowances; and vi ; iv. allowances and; v. leave loading. (bii) the arrangement meets the genuine needs of Icon the Company and the Employee in relation to one or more of the matters matter mentioned in paragraph 3.6 (a) (i); and (ciii) the arrangement is genuinely agreed to by Icon the Company and the Employee. 31.2 Icon (b) The Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActAct ; and (bii) are not unlawful terms under section 194 of the ActAct ; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon (c) The Company must ensure that the individual flexibility arrangement: (ai) is in writing; and; (bii) includes the name of Icon the Company and the Employee; and; (ciii) is signed by Icon the Company and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: i : i. the terms of the Agreement that will be varied by the arrangement; and ii ; ii. how the arrangement will vary the effect of the terms of the Agreement; and iii 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 (e) states iv. the day on which the arrangement commences. 31.4 Icon (d) The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon (e) The Company or the Employee may terminate the individual flexibility arrangement: (ai) by giving at least 21 days’ and no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer Company 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. 31.1 Icon 1.10.1 Mater and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement Agreement deals with one 1 or more of the following matters: i annual leave; ii : (i) arrangements about when work is performed; iii ; (ii) overtime rates; iv ; (iii) penalty rates; v ; (iv) allowances; and vi ; (v) leave loading.; and (b) the arrangement meets the genuine needs of Icon Mater and the Employee in relation to one (1) or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by Icon Mater and the Employee. 31.2 Icon 1.10.2 Mater must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009 (Cth); and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (c) result results in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon 1.10.3 Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon Mater and the Employee; and (c) is signed by Icon Mater and the Employee and, and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: i : (i) the terms of the Agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the Agreementterms; and iii 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 1.10.4 Mater must give the Employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 31.5 Icon 1.10.5 Mater or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 twenty-eight (28) days written notice to the other party to the arrangement; or (b) if the Employer Mater and Employee agree in writing — 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. 31.1 Icon An Employer and Employees 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 arrangement The Agreement deals with one 1 or more of the following matters: i annual leave; ii arrangements : (i) Arrangements about when work is performed; iii overtime rates; iv penalty rates; v allowances; and vi leave loading. (bii) the Overtime rates. (iii) Penalty rates. (iv) Allowances. (v) Leave loading; and (vi) The arrangement meets the genuine needs of Icon the Employer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (aa)(i); and (cvii) the The arrangement is genuinely agreed to by Icon the Employer and the Employee. 31.2 Icon b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are Are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are Are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result Result in the Employee being better off overall than the Employee would be if no arrangement was made. 31.3 Icon c) The Employer must ensure that the individual flexibility arrangement: (ai) is Is in writing; and (bii) includes Includes the name of Icon the Employer and the Employee; and (ciii) is Is signed by Icon the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes Includes details of: i the : A. The terms of the Enterprise Agreement that will be varied by the arrangement; and ii how and B. How the arrangement will vary the effect of the terms of the Agreementterms; and iii how and C. 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 D. States the day on which the arrangement commences. 31.4 Icon d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by By giving no more less than 28 days written notice to the other party to the arrangement; or (bii) if If the Employer and Employee agree in writing — 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. 31.1 Icon (a) The Employer and Employees an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) the arrangement agreement deals with one 1 or more of the following matters: i annual leave; ii : (A) arrangements about when work is performed; iii ; (B) overtime rates; iv ; (C) penalty rates; v ; (D) allowances; and vi ; (E) leave loading.; and (bii) the arrangement meets the genuine needs of Icon the Employer and the Employee in relation to one 1 or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement is genuinely agreed to by Icon the employer and the Employeeemployee. 31.2 Icon (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 31.3 Icon (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of Icon the Employer and the Employee; and (ciii) is signed by Icon the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (div) includes details of: i : (A) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and ii and (B) how the arrangement will vary the effect of the terms of the Agreementterms; and iii and (C) how the Employee 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 (ev) states the day on which the arrangement commences. 31.4 Icon (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer employer and Employee 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. 31.1 Icon 18.1 An employer and Employees employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with one 1 or more of the following matters: i annual leave; ii : (i) arrangements about when work is performed; iii ; (ii) overtime rates; iv ; (iii) penalty rates; v ; (iv) allowances; and vi ; (v) leave loading.; and (b) the arrangement meets the genuine needs of Icon the employer and the Employee employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by Icon the employer and the Employeeemployee. 31.2 Icon 18.2 The individual flexibility arrangement may be initiated by either the employer or by an employee. 18.3 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 31.3 Icon 18.4 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the employer and the Employeeemployee; and (c) is signed by Icon the employer and the Employee and, employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: i : (i) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and ii and (ii) how the arrangement will vary the effect of the terms of the Agreementterms; and iii and (iii) how the Employee employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 31.4 Icon 18.5 The employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 18.6 The employer or the Employee 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 employer and Employee 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.. PART 3 - LEAVE

FLEXIBILITY TERM. 31.1 Icon 1) An employer and Employees employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with one 1 or more of the following matters: i annual leave; ii : i. arrangements about when work is performed; iii ; ii. overtime rates; iv ; iii. penalty rates; v ; iv. allowances; and vi ; v. leave loading.; and (b) the arrangement meets the genuine needs of Icon the employer and the Employee employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by Icon the employer and employee. Employees are entitled to appoint a representative for the Employeepurpose of the procedures in this clause which may include a union official. 31.2 Icon 2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 31.3 Icon 3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Icon the employer and the Employeeemployee; and (c) is signed by Icon the employer and the Employee and, employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: i : i. the terms of the Agreement enterprise agreement that will be varied by the arrangement; and ii and ii. how the arrangement will vary the effect of the terms of the Agreementterms; and iii and iii. how the Employee 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 4) The employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.5 Icon 5) The employer or the Employee 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 employer and Employee 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.