Common use of FLEXIBILITY TERM Clause in Contracts

FLEXIBILITY TERM. 34.1 The Company and employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 34.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Enterprise Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 34.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing -- at any time

FLEXIBILITY TERM. 34.1 (a) The Company VIS and an employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the Agreement agreement if: (ai) the agreement deals with 1 one or more of the following matters: (i1) arrangements about when work is performed; (ii2) overtime rates; (3) penalty rates; (4) allowances; (5) leave loading; and (bii) the arrangement meets the genuine needs of the employer and employee in relation to 1 one or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement is genuinely agreed to by the employer VIS and the employee. 34.2 (b) The employer VIS must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 (c) The employer VIS must ensure that the individual flexibility arrangement: (ai) is in writing; andand VIS Enterprise Agreement 2021 - 2025 (bii) includes the name of the employer VIS and employee; and (ciii) is signed by the employer VIS and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; employee and (div) includes details of: (i1) the terms of the Enterprise Agreement enterprise agreement that will be varied by the arrangement; arrangement and (ii2) how the arrangement will vary the effect of the terms; terms and (iii3) 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 the day on which the arrangement commencescommences . 34.4 (d) The employer VIS must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 (e) The employer VIS or 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 VIS and employee agree in writing -- - at any time.

FLEXIBILITY TERM. 34.1 1.10.1 The Company and 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: (a) the agreement deals with 1 or more of the following matters: (i) i. arrangements about when work is performed; (ii) . overtime rates; iii. penalty rates; iv. allowances; v. leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. 34.2 1.10.2 The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 1.10.3 The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) i. the terms of the Enterprise Agreement enterprise agreement that will be varied by the arrangement; and (ii) . how the arrangement will vary the effect of the terms; and (iii) . how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 34.4 1.10.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 1.10.5 The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer Company and employee agree in writing -- — at any time.

FLEXIBILITY TERM. 34.1 5.1 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 this Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. 34.2 5.2 The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 5.3 The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Enterprise Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 34.4 5.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 5.5 The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer Company and employee agree in writing -- — at any time.

FLEXIBILITY TERM. 34.1 1) The Company company and an employee covered by this Agreement enterprise agreement may agree to make an individual Individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) a. the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (i. leave loading; ii) overtime rates. up to 5 single days of annual leave may be taken; and (b) b. the arrangement meets the genuine needs of the employer company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) c. the arrangement is genuinely agreed to by the employer company and employee. 34.2 2) The employer company must ensure that the terms of the individual Individual flexibility arrangement: (a) a. are about permitted matters under section 172 of the FW ActFair Work ▇▇▇ ▇▇▇▇; and (b) b. are not unlawful terms under section 194 of the FW ActFair Work ▇▇▇ ▇▇▇▇; and (c) c. result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 3) The employer company must ensure that the individual flexibility arrangement: (a) a. is in writing; and (b) b. includes the name of the employer company and employee; and (c) c. is signed by the employer company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) d. includes details of: (i) i. the terms of the Enterprise Agreement enterprise agreement that will be varied by the arrangement; and (ii) . how the arrangement will vary the effect of the terms; and (iii) . how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) e. states the day on which the arrangement commences. 34.4 4) The employer company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 5) The employer company or employee may terminate the individual flexibility arrangement: (a) a. by giving no more than 28 days written notice to the other party to the arrangement; or (b) b. if the employer company and employee agree in writing -- at any time.

FLEXIBILITY TERM. 34.1 (1) The Company and an employee covered by this enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the agreement Agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. 34.2 (2) The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 (3) The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Enterprise enterprise Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 34.4 (4) The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 (5) The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer Company and employee agree in writing -- — at any time.

FLEXIBILITY TERM. 34.1 The Company 8.1 An employer and employee covered by this Agreement agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the agreement deals with 1 one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; and (iii) penalty rates (iv) allowances (v) leave loading (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 one (1) or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 34.2 8.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Fair Work Act; and (b) are not unlawful terms under section 194 of the FW Fair Work Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 8.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 eighteen (18) years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Enterprise Agreement agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and and (e) states the day on which the arrangement commences. 34.4 8.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 34.5 8.5 The employer or 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 and employee agree in writing -- writing—at any time.

FLEXIBILITY TERM. 34.1 (1) The Company employer and 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: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 34.2 (2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 (3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Enterprise Agreement enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 34.4 (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 (5) The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing -- — at any time.

FLEXIBILITY TERM. 34.1 (a) The Company and employee employee/s covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) the agreement Agreement deals with 1 or more of the following matters: (i) : • arrangements about when work is performed;; and • annual leave. (ii) overtime rates; and (b) the arrangement meets the genuine needs of the employer Company and employee employee/s in relation to 1 or more of the matters mentioned in paragraph (aa(i); and (ciii) the arrangement is genuinely agreed to by the employer Company and employee. 34.2 (b) The employer Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 (c) The employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the employer Company and employee; and (ciii) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and and (div) includes details of: (i) : • the terms of the Enterprise Agreement that will be varied by the arrangement; and (ii) and • how the arrangement will vary the effect of the terms; and (iii) and • 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) and • states the day on which the arrangement commences. 34.4 (d) The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 (e) The employer Company or 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 Company and employee agree in writing -- — at any time.

FLEXIBILITY TERM. 34.1 The Company (1) An employer and 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 agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 34.2 (2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 (3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Enterprise Agreement enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 34.4 (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 (5) The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing -- — at any time.

FLEXIBILITY TERM. 34.1 The Company 1. An employer and 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) a. the agreement deals with 1 or more of the following matters: (i) i. arrangements about when work is performed; (ii) . overtime rates; iii. penalty rates; iv. allowances; v. leave loading; and (b) b. the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a)a.; and (c) c. the arrangement is genuinely agreed to by the employer and employee. 34.2 2. The employer must ensure that the terms of the individual flexibility arrangement: (a) a. are about permitted matters under section 172 of the FW ActFair Work Act 2009; and (b) b. are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and (c) c. result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 3. The employer must ensure that the individual flexibility arrangement: (a) a. is in writing; and (b) b. includes the name of the employer and employee; and (c) c. is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) d. includes details of: (i) i. the terms of the Enterprise Agreement enterprise agreement that will be varied by the arrangement; and (ii) . how the arrangement will vary the effect of the terms; and (iii) . how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) e. states the day on which the arrangement commences. 34.4 4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 5. The employer or employee may terminate the individual flexibility arrangement: (a) a. by giving no more than 28 days written notice to the other party to the arrangement; or (b) b. if the employer and employee agree in writing -- — at any time. The right to make a Flexibility Agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the employer and an individual employee contained in any other term of this Agreement.

FLEXIBILITY TERM. 34.1 The Company 11.1 An employer and employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the agreement The individual flexibility arrangement deals with 1 or more of the following mattersmatter: (i) i. arrangements about when work is performed; (ii) overtime rates; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 34.2 11.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 34.3 11.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Enterprise Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 34.4 11.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 34.5 11.5 The employer or employee may terminate the individual flexibility arrangement: (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.