Common use of FLEXIBILITY TERM Clause in Contracts

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. 77.1. The Company 37.1 An Employer and 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: 77.2(a) the arrangement deals with one or more of the following matters: i. arrangements about when work is performed; ii. The Company and Employee may agree to an individual flexibility overtime rates; iii. penalty rates; iv. allowances; v. leave loading; and (b) the 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 meets the genuine needs of the Company Employer and Employee and be in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Company Employer and the Employee. 77.4. 37.2 The Company Employer 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 individual flexibility arrangement: (a) are about permitted matters under section 172 of the Annual Leave term that up to a maximum Act; and (b) are not unlawful terms under section 194 of 12 single days of annual leave may be taken.the Act; and 77.6. The Company must ensure that the arrangement results (c) result in the Employee being better off overall than the Employee would be if no arrangement were agreed towas made. 77.7. 37.3 The Company Employer must ensure that the individual flexibility arrangement: • : (a) is in writing; • and (b) includes the name of the Company Employer and Employee; • and (c) is signed by the Company Employer and Employee and and, if the Employee is under 18 years of age, also signed by a parent or guardian of the Employee; • and (d) includes detail details of: - : i. the Annual Leave term terms of the Agreement that will be varied by the arrangement; - and ii. how the arrangement will vary the effect of the Annual Leave termterms of the Agreement; - and iii. how the Employee will be better off overall than in relation to the Employee would be if no arrangement were agreed toterms and conditions of his or her employment as a result of the arrangement; and • States and (e) states the date day on which the arrangement commences. 77.8. 37.4 The Company Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 77.9. 37.5 The Company Employer or Employee may terminate the individual flexibility arrangement: • : (a) by giving written notice of not no more than 28 daysdays written notice to the other party to the arrangement; or • or (b) if the Company Employer and Employee agree in writing – — at any time.

FLEXIBILITY TERM. 77.1. 41.1 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.Agreement if: 77.2. The Company and Employee may agree to an individual flexibility (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 (“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 meets the genuine needs of the Company and Employee and be in relation to 1 or more of the matters mentioned in paragraph (a), or in relation to any other matter rising out of the employment relationship; and (c) the arrangement is genuinely agreed to by the Company and the Employee. 77.4. 41.2 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 individual flexibility arrangement: (a) are about permitted matters under section 172 of the Annual Leave term that up to a maximum Act; and (b) are not unlawful terms under section 194 of 12 single days of annual leave may be taken.the Act; and 77.6. The Company must ensure that the arrangement results (c) result in the Employee being better off overall than the Employee would be if no arrangement were agreed towas made. 77.7. 41.3 The Company must ensure that the individual flexibility arrangement: • : (a) is in writing; • and (b) includes the name of the Company and Employee; • and (c) is signed by the Company and Employee and if the Employee is under 18 years of age, also signed by a parent or guardian of the Employee; • and (d) includes detail details of: - : (i) the Annual Leave term terms of the enterprise agreement that will be varied by the arrangement; - and (ii) how the arrangement will vary the effect of the Annual Leave termterms; - and (iii) how the Employee will be better off overall than in relation to the Employee would be if no arrangement were agreed toterms and conditions of his or her employment as a result of the arrangement; and • States and (e) states the date day on which the arrangement commences. 77.8. 41.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 77.9. 41.5 The Company or Employee may terminate the individual flexibility arrangement: • : (a) by giving written notice of not no more than 28 daysdays written notice to the other party to the arrangement; or • or (b) if the Company and Employee agree in writing – — at any time.

FLEXIBILITY TERM. 77.1. The 25.1 An employee and the Company and an Employee covered by this Agreement may agree to make can enter into an individual flexibility arrangement to vary that provides for flexible employment arrangements that are different from the effect terms and conditions of terms employment arrangements about either of the Agreementfollowing matters; 25.1.1. Salary sacrifice arrangements; or 25.1.2. when work is performed. 77.2. The Company 25.2 Flexible employment arrangements are subject to the following requirements and Employee may agree conditions in subclauses 25.3 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 taken25.11. 77.3. 25.3 The arrangement must meet meets the genuine needs of the Company and Employee and be employee in relation to one or more of the matters mentioned in subclause 24.1. 25.4 The arrangement is genuinely agreed to by the Company and the Employeeemployee. 77.4. 25.5 The arrangement is made without duress or coercion. 25.6 The arrangement will replace any similar subject matter in this Agreement. 25.7 Unless stated otherwise in the flexible employment arrangement, where the flexible employment arrangement is silent on a matter, this Agreement will continue to apply; and 25.8 The Company must ensure that the terms of the flexible employment arrangement: • Be : (a) are about a permitted matter matters under section 172 of the FW Fair Work Act if 2009; and (b) are not unlawful terms under section 194 of the arrangement were an enterprise AgreementFair Work Act 2009; and • Not include a term that and (c) result in the employee being better off overall than the employee would be an unlawful term under the FW Act if the no arrangement were an enterprise agreementwas made. 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. 25.9 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.flexible employment arrangement: 77.7. The Company must ensure that the arrangement: • (a) is in writing; • and (b) includes the name of the Company and Employeeemployee; • and (c) is signed by the Company and Employee employee and if the Employee employee is under 18 years of age, also signed by a parent or guardian of the Employeeemployee; • and (d) includes detail details of: - : (i) the Annual Leave term terms of the enterprise agreement that will be varied by the arrangement; - and (ii) how the arrangement will vary the effect of the Annual Leave termterms; - and (iii) how the Employee employee will be better off overall than in relation to the Employee would be if no arrangement were agreed toterms and conditions of his or her employment as a result of the arrangement; and • States and (e) states the date day on which the arrangement commences. 77.8. 25.10 The Company must give the Employee employee a copy of the flexible employment arrangement within 14 days after it is agreed to. 77.9. 25.11 The employee or Company or Employee may terminate the arrangement: • flexible employment arrangement by written agreement by giving written notice of not more than at least 28 days’ notice to the other party to the arrangement; or • if the Company and Employee employee agree in writing – at any time.

FLEXIBILITY TERM. 77.160.1. 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. 77.260.2. 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. 77.360.3. The arrangement must meet the genuine needs of the Company and Employee and be genuinely agreed to by the Company and the Employee. 77.460.4. 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. 77.560.5. 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. 77.660.6. 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. 77.760.7. 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 will 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. 77.860.8. The Company must give the Employee a copy of the arrangement within 14 days after it is agreed to. 77.960.9. 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. 77.1. (a) The Company and an Employee covered by this Agreement company 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 Individual Flexibility Agreement (“the arrangement”IFA) 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 subject to the requirement in the Annual Leave term that up to a maximum provisions of 12 single days of annual leave may be takenthis clause. 77.6(i) The request to enter into an IFA is made by the employee only; and (ii) The union is notified of the employee’s request to enter into an IFA (subject to the company obtaining the employee’s consent to make such notification). For the avoidance of doubt this sub clause does not mean that the union must approve or consent to the arrangement; and (iii) The Company IFA deals with one or more of the following matters: ▪ hours of work, including length of shifts, breaks between shifts and the taking of meal breaks ▪ allowances ▪ leave loading; and (iv) The IFA meets the genuine needs of the company and the employee in relation to one or more of the matters mentioned in (iii) above; and (v) The IFA is genuinely agreed to by the company and the employee. (b) The company must ensure that the arrangement results terms of the IFA: (i) Are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) Are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) Result in the Employee employee being better off overall than the Employee employee would be if no arrangement were agreed towas made, and (iv) Do not affect the payment of penalty rates. 77.7. (c) The Company company must ensure that the arrangement: • is IFA: (i) Is in writing; • includes and (ii) Includes the name of the Company company and Employeeemployee; • is and (iii) Is signed by the Company company and Employee the employee and if the Employee employee is under 18 years of age, also signed by a parent or guardian of the Employeeemployee; • includes detail and (iv) Includes details of: - ▪ the Annual Leave term terms of the Agreement that will be varied by the arrangementIFA; - and ▪ how the arrangement will vary the effect of the Annual Leave termterms; - and ▪ how the Employee employee will be better off overall than in relation to the Employee would be if no arrangement were agreed toterms and conditions of his or her employment as a result of the IFA; and • and (v) States the date day on which the arrangement IFA commences. 77.8. (d) The Company company must give the Employee employee a copy of the arrangement IFA within 14 days after it is agreed to. 77.9. (e) The Company company or Employee the employee may terminate the arrangement: • by IFA: (i) By giving written notice of not no more than 28 daysdays written notice to the other party to the arrangement; or • if or (ii) If the Company company and Employee the employee agree in writing – — at any time.

FLEXIBILITY TERM. 77.15.1. 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. 77.25.2. 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. 77.35.3. The arrangement must meet the genuine needs of the Company and Employee and be genuinely agreed to by the Company and the Employee. 77.45.4. The Company must ensure that the arrangement: • Be : a) be about a permitted matter under the FW Act if the arrangement were an enterprise Agreement; and • Not and b) not include a term that would be an unlawful term under the FW Act if the arrangement were an enterprise agreement. 77.55.5. 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. 77.65.6. 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. 77.75.7. The Company must ensure that the arrangement: • : a) is in writing; • ; b) includes the name of the Company and Employee; • ; c) is signed by the Company and Employee and if the Employee is under 18 years of age, also signed by a parent or guardian of the Employee; • ; d) includes detail of: - : e) the Annual Leave term that will be varied by the arrangement; - ; f) how the arrangement will vary the effect of the Annual Leave term; - ; g) how the Employee will be better off overall than the Employee would be if no arrangement were agreed to; and • States and h) state the date on which the arrangement commences. 77.85.8. The Company must give the Employee a copy of the arrangement within 14 days after it is agreed to. 77.95.9. The Company or Employee may terminate the arrangement: • : a) by giving written notice of not more than 28 days; or • or b) if the Company and Employee agree in writing – at any time.

FLEXIBILITY TERM. 77.1. The Company (a) An employer and an Employee 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: 77.2. The Company and Employee may agree to an individual flexibility (1) the arrangement deals with 1 or more of the following matters: (“a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and (2) 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 meets the genuine needs of the Company employer and Employee and be employee in relation to the matter or matters it deals with; and (3) the arrangement is genuinely agreed to by the Company employer and the Employeeemployee, without coercion or duress. 77.4. (b) An individual flexibility arrangement may only be made after the individual employee has commenced employment with the employer. (c) An employer who wishes to initiate the making of an individual flexibility arrangement must: (1) give the employee a written proposal; and (2) if the employer is aware that the employee has, or should reasonably be aware that the employee may have, limited understanding of written English, take reasonable steps to ensure that the employee understands the proposal. (d) If the employer proposes to enter into an individual flexibility arrangement with an employee, the employer must meet with the employee to discuss the proposal prior to entering the individual flexibility arrangement if the employee requests such a meeting. (e) The Company employer 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 individual flexibility arrangement: (1) are about permitted matters under section 172 of the Fair Work Act 2009; and (2) are not unlawful terms under section 194 of the Fair Work Act 2009; and (3) result 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 employee being better off overall than the Employee employee would be have been if no individual flexibility arrangement were agreed to. 77.7. (f) The Company employer must ensure that the individual flexibility arrangement: • : (1) is in writing; • and (2) includes the name of the Company employer and Employeeemployee; • and (3) is signed by the Company employer and Employee and employee and, if the Employee employee is under 18 years of age, also is signed by a parent or guardian of the Employeeemployee; • and (4) includes detail details of: - : (a) the Annual Leave term terms of the enterprise agreement that will be varied by the arrangement; - and (b) how the arrangement will vary the effect of the Annual Leave termterms; - and (c) how the Employee employee will be better off overall than in relation to the Employee would be if no arrangement were agreed toterms and conditions of his or her employment as a result of the arrangement; and • States and (5) states the date day on which the arrangement commences; and (6) describes how the individual flexibility arrangement can be terminated. 77.8. (g) The Company employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 77.9. (h) The Company employer or Employee employee may terminate the individual flexibility arrangement: • by giving written notice of not more than 28 days; or • if the Company and Employee agree in writing – : (1) at any time, by agreement in writing between the employer and the employee; or (2) by the employer or the employee giving 28 days written notice to the other party. (i) An individual flexibility arrangement terminated in accordance with clause (h)(2) ceases to have effect at the end of the period of notice required under that clause. (j) The employer or employee may use the dispute settlement procedure in this enterprise agreement to deal with disputes that may arise concerning the matters dealt with in the individual flexibility arrangement. (k) In addition to this clause, the NES of the Act give some employees the right to request flexible working arrangements in certain circumstances.

FLEXIBILITY TERM. 77.1. 25.1 The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement.Agreement if: 77.2. The Company and Employee may agree to an individual flexibility arrangement 25.1.1 the IFA deals with one or more of the following matters: • arrangements about when work is performed; or • forms of employment (“i.e. full-time/part-time); and 25.1.2 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 IFA meets the genuine needs of the Company and Employee and be in relation to one or more of the matters mentioned in clause 25.1.1; and 25.1.3 the IFA is genuinely agreed to by the Company and the Employee. 77.4. 25.2 The Company must ensure that the arrangement: • Be terms of the IFA are about a permitted matter matters under section 172 of the FW Act, are not unlawful terms under section 194 of 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 result in the Employee being better off overall than the Employee would be if no arrangement were agreed toIFA was made. 77.7. 25.3 The Company must ensure that the arrangement: • IFA is in writing; • writing and includes the name of the Company and Employee; • Employee and is signed by the Company and Employee and if the Employee is under 18 eighteen (18) years of age, also signed by a parent or guardian of the Employee; • . 25.4 The Company must ensure that IFA includes detail of: - details of the Annual Leave term terms of the Agreement that will be varied by the arrangement; - IFA, how the arrangement IFA will vary the effect of the Annual Leave termterms; - and how the Employee will be better off overall than in relation to the Employee would be if no arrangement were agreed to; terms and • States conditions of their employment as a result of the date IFA. 25.5 The Company must ensure that the IFA states the day on which the arrangement commences. 77.8. 25.6 The Company must give the Employee a copy of the arrangement IFA within 14 fourteen (14) days after it is agreed to. 77.9. 25.7 The Company or an Employee may terminate the arrangement: • IFA by giving no more than twenty eight (28) days written notice of not more than 28 days; to the other party to the IFA or • if the Company and the Employee agree in writing – at any time.

FLEXIBILITY TERM. 77.172.1. 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. 77.272.2. 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. 77.372.3. The arrangement must meet the genuine needs of the Company and Employee and be genuinely agreed to by the Company and the Employee. 77.472.4. 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. 77.572.5. 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. 77.672.6. 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. 77.772.7. 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. 77.872.8. The Company must give the Employee a copy of the arrangement within 14 days after it is agreed to. 77.972.9. 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. 77.1. ‌ 9.1 The Company and an Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the AgreementAgreement if: (a) the Agreement deals with 1 or more of the following matters: (i) minimum engagement for casuals; (ii) minimum engagement for part time employee; (iii) variation to hours for part time employment; (iv) make up time; (v) meal break; (vi) time off in lieu of payment for overtime; and (vii) rest period after overtime. 77.2. The Company and Employee may agree to an individual flexibility (b) the 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 meets the genuine needs of the Company and Employee and be employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Company and the Employeeemployee. 77.4. 9.2 The Company must ensure that the terms of the individual flexibility arrangement: • Be : (a) are about a permitted matter matters under section 172 of the FW Fair Work Act if 2009; and (b) are not unlawful terms under section 194 of the arrangement were an enterprise AgreementFair Work Act 2009; and • Not include a term that and (c) result in the employee being better off overall than the employee would be an unlawful term under the FW Act if the no arrangement were an enterprise agreementwas made. 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. 9.3 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.individual flexibility arrangement: 77.7. The Company must ensure that the arrangement: • (a) is in writing; • and (b) includes the name of the Company and Employeeemployee; • and (c) is signed by the Company and Employee employee and if the Employee employee is under 18 years of age, also signed by a parent or guardian of the Employeeemployee; • and (d) includes detail details of: - : (i) the Annual Leave term terms of the Agreement that will be varied by the arrangement; - and (ii) how the arrangement will vary the effect of the Annual Leave termterms; - and (iii) how the Employee employee will be better off overall than in relation to the Employee would be if no arrangement were agreed toterms and conditions of their employment as a result of the arrangement; and • States and (e) states the date day on which the arrangement commences. 77.8. 9.4 The Company must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 77.9. 9.5 The Company or Employee employee may terminate the individual flexibility arrangement: • : (a) by giving written notice of not no more than 28 daysdays written notice to the other party to the arrangement; or • or (b) if the Company and Employee employee agree in writing – writing- at any time.

FLEXIBILITY TERM. 77.1. The Company a) An employer and an Employee 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: 77.2. The Company and Employee may agree to an individual flexibility i) 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 ii) the 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 meets the genuine needs of the Company employer and Employee and be employee in relation to 1 or more of the matters mentioned in paragraph (a); and iii) the arrangement is genuinely agreed to by the Company employer and the Employeeemployee. 77.4. b) The Company employer 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 individual flexibility arrangement: i) Are about permitted matters under section 172 of the Fair Work Act 2009; and ii) Are not unlawful terms under Section 194 of the Fair Work Act 2009; and iii) Result 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 employee being better off overall than the Employee employee would be if no arrangement were agreed towas made. 77.7. c) The Company employer must ensure that the individual flexibility arrangement: • : i) is in writing; • and ii) includes the name of the Company employer and Employeeemployee; • and iii) is signed by the Company employer and Employee employee and if the Employee employee is under 18 years of age, also signed by a parent or guardian of the Employeeemployee; • and iv) includes detail details of: - : (i) the Annual Leave term terms of the enterprise agreement that will be varied by the arrangement; - and (ii) how the arrangement will vary the effect of the Annual Leave termterms; - and (iii) how the Employee employee will be better off overall than in relation to the Employee would be if no arrangement were agreed toterms and conditions of his or her employment as a result of the arrangement; and • States and (iv) states the date day on which the arrangement commences. 77.8. d) The Company employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 77.9. e) The Company employer or Employee employee may terminate the individual flexibility arrangement: • by : i) By giving written notice of not no more than 28 daysdays written notice to the other party to the arrangement; or • if or ii) If the Company employer and Employee employee agree in writing – — at any time.