Common use of FLEXIBILITY TERM Clause in Contracts

FLEXIBILITY TERM. 19.1 Qube and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed. (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of ▇▇▇▇ and an Employee in relation to 1 or more of the matters mentioned in paragraph 19.1(a); and (c) the arrangement is genuinely agreed to by ▇▇▇▇ and Employee. 19.2 Qube must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 19.3 Qube must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Qube and Employee; and (c) is signed by ▇▇▇▇ and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 19.4 Qube must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 19.5 Qube or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if Qube and Employee agree in writing – at any time.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

FLEXIBILITY TERM. 19.1 Qube ‌ 1.10.1. Mater and an Employee a Medical Officer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:agreement if:‌ (a) the agreement Agreement deals with 1 one (1) or more of the following matters: (i) arrangements about when work is performed.; (ii) overtime rates; (iii) penalty rates; (iv) allowances;; and (v) leave loading; and (b) the arrangement meets the genuine needs of ▇▇▇▇ Mater and an Employee the Medical Officer in relation to 1 one (1) or more of the matters mentioned in paragraph 19.1(a1.10.1(a); and (c) the arrangement is genuinely agreed to by ▇▇▇▇ Mater and Employeethe Medical Officer. 19.2 Qube 1.10.2. Mater 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 (Cth); and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009 (Cth); and (c) result in the Employee Medical Officer being better off overall than the Employee Medical Officer would be if no arrangement was made. 19.3 Qube 1.10.3. Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Qube the employer and EmployeeMedical Officer; and (c) is signed by ▇▇▇▇ Mater and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; Medical Officer and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee Medical Officer will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 19.4 Qube 1.10.4. Mater must give the Employee Medical Officer a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 19.5 Qube 1.10.5. Mater or the Employee Medical Officer 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 Qube Mater and Employee Medical Officer agree in writing – writing—at any time.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

FLEXIBILITY TERM. 19.1 Qube 1.10.1. Mater and an Employee a VMO 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 agreement Agreement deals with 1 one (1) or more of the following matters: (i) arrangements about when work is performed.; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of ▇▇▇▇ Mater and an Employee the VMO in relation to 1 one (1) or more of the matters mentioned in paragraph 19.1(a(a); and (c) the arrangement is genuinely agreed to by ▇▇▇▇ Mater and Employeethe VMO. 19.2 Qube 1.10.2. Mater 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 (Cth); and (b) are not unlawful terms under section 194 of the FW ActFair Work Act 2009 (Cth); and (c) result results in the Employee VMO being better off overall than the Employee VMO would be if no arrangement was made. 19.3 Qube 1.10.3. Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Qube Mater and Employeethe VMO; and (c) is signed by ▇▇▇▇ Mater and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the EmployeeVMO; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee VMO will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 19.4 Qube 1.10.4. Mater must give the Employee VMO a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 19.5 Qube 1.10.5. Mater or the Employee VMO 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 Qube Mater and Employee the VMO agree in writing – writing—at any time.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

FLEXIBILITY TERM. 19.1 Qube 11.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of any of the terms of the this Agreement ifprovided: (a) The arrangement meets the agreement deals with 1 genuine needs of the Employer and the Employee in relation to one or more of the following above matters: (i) arrangements about when work is performed. (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of ▇▇▇▇ and an Employee in relation to 1 or more of the matters mentioned in paragraph 19.1(a); and (c) the The arrangement is genuinely agreed to by ▇▇▇▇ the Employer and the Employee. 19.2 Qube 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section Section 172 of the FW Fair Work Act; and; (b) are Are not unlawful terms under section Section 194 of the FW 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. 19.3 Qube 11.3 The Employer must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of Qube the Employer and Employeethe Employees; and (c) is 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 Includes details of: (i) the The terms of the this Agreement that will be varied by the arrangement; and (ii) how How the arrangement will vary the effect of the terms; and (iii) how 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. 19.4 Qube 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 19.5 Qube 11.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days days’ written notice to the other party to the arrangement; or (b) if Qube and If the Employer or Employee agree in writing – writing, at any time.

Appears in 1 contract

Sources: Maritime and Offshore Oil and Gas Enterprise Agreement

FLEXIBILITY TERM. 19.1 Qube (a) An 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: (ai) the agreement deals with 1 or more of the following matters: (iA) arrangements about when work is performed.; (iiB) overtime rates; (iiiC) penalty rates; (ivD) allowances; (vE) leave loading; and (bii) the arrangement meets the genuine needs of ▇▇▇▇ the Employer and an Employee in relation to 1 or more of the matters mentioned in paragraph 19.1(a(i); and (ciii) the arrangement is genuinely agreed to by ▇▇▇▇ the Employer and Employee. 19.2 Qube (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the FW Act; and (bii) are not unlawful terms under section 194 of the FW Act; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 19.3 Qube (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of Qube the Employer and Employee; and (ciii) 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 (div) includes details of: (iA) the terms of the Agreement enterprise agreement that will be varied by the arrangement; and (iiB) how the arrangement will vary the effect of the terms; and (iiiC) 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 commences. 19.4 Qube (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 19.5 Qube (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 Qube the Employer and Employee agree in writing at any time.

Appears in 1 contract

Sources: Enterprise Agreement

FLEXIBILITY TERM. 19.1 Qube 11.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of any of the terms of the Agreement ifthis Agreement, provided: (a) The arrangement meets the agreement deals with 1 genuine needs of the Employer and the Employee in relation to one or more of the following above matters: (i) arrangements about when work is performed. (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of ▇▇▇▇ and an Employee in relation to 1 or more of the matters mentioned in paragraph 19.1(a); and (c) the The arrangement is genuinely agreed to by ▇▇▇▇ the Employer and the Employee. 19.2 Qube 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section Section 172 of the FW Fair Work Act; and; (b) are Are not unlawful terms under section Section 194 of the FW Fair Work Act; and (c) result Result in the Employee being better off overall than the that Employee would be have been if no arrangement was made. 19.3 Qube 11.3 The Employer must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of Qube the Employer and Employeethe Employees; and (c) is Is signed by ▇▇▇▇ the Employer and Employee and if the that Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes Includes details of: (i) the The terms of the this Agreement that will be varied by the arrangement; and (ii) how How the arrangement will vary the effect of the terms; and (iii) how 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 States the day on which the arrangement commences. 19.4 Qube 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 19.5 Qube 11.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days day’s written notice to the other party to the arrangement; or (b) if Qube and If the Employer or Employee agree in writing – writing, at any time.

Appears in 1 contract

Sources: Enterprise Agreement

FLEXIBILITY TERM. 19.1 Qube 1.10.1 Mater and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed.; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of ▇▇▇▇ Mater and an the Employee in relation to 1 one (1) or more of the matters mentioned in paragraph 19.1(a(a); and (c) the arrangement is genuinely agreed to by ▇▇▇▇ Mater and the Employee. 19.2 Qube 1.10.2 Mater 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 (Cth); and (b) are not unlawful terms under section 194 of the FW 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. 19.3 Qube 1.10.3 Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Qube Mater and the Employee; and (c) is signed by ▇▇▇▇ Mater 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; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 19.4 Qube 1.10.4 Mater must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 19.5 Qube or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if Qube and Employee agree in writing – at any time.fourteen

Appears in 1 contract

Sources: Enterprise Agreement