FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an employer and employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the agreement deals with 1 or more of the following matters: (i) start and finish times; and (ii) times for meal breaks. (b) the arrangement meets the genuine needs of the employer and employee in relation to I or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 31.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1. 31.4 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement. 31.5 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 31.6 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing- at any time.
Appears in 1 contract
Sources: Enterprise Agreement
FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an 23.1 The employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement (―the arrangement‖) to vary the effect of terms of the Agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) start and finish times; and
(ii) times for meal breaksabout when work is performed.
(b) the 23.2 The arrangement meets must meet the genuine needs of the employer and employee in relation to I or more of the matters matter mentioned in paragraph (a); andabove.
(c) the 23.3 The arrangement is must be genuinely agreed to by the employer and employee.
31.2 23.4 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.
31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1.
31.4 23.5 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) and includes details of:
(id) the terms of the enterprise agreement that will be varied by the arrangement; and
(iie) how the arrangement will vary the effect of the terms; and
(iiif) how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and
(g) states the day on which the arrangement commences.
31.5 23.6 The employer must will give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
31.6 23.7 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- writing — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an
1.9.1 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 deals with 1 or more of the following matters:
(i) start and finish times; andarrangements about when work is performed;
(ii) times for meal breaks.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 I 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
31.2 1.9.2 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.
31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1.
31.4 1.9.3 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 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 Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
31.5 1.9.4 The employer must keep a record of, and give the employee a copy of of, the individual flexibility arrangement within 14 days after it is agreed to.
31.6 1.9.5 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
(ba) if the employer and employee agree in writing- writing — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an 7.1 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 7.1.1 The agreement deals with 1 or more of the following mattersmatter:
(ia) start and finish times; andArrangements about when work is performed;
(ii) times for meal breaks.
(b) the 7.1.2 The arrangement meets the genuine needs of the employer and employee in relation to I one or more of the matters mentioned in paragraph (a); and
(c) the 7.1.3 The arrangement is genuinely agreed to by the employer and employee.
31.2 7.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) are 7.2.1 Are about permitted matters under section 172 of the FW ActFair Work ▇▇▇ ▇▇▇▇ (Cth); and
(b) are 7.2.2 Are not unlawful terms under section 194 of the FW ActFair Work ▇▇▇ ▇▇▇▇ (Cth); and
(c) result 7.2.3 Result in the employee being better off overall than the employee would be if no arrangement was made.
31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1.
31.4 7.3 The employer must ensure that the individual flexibility arrangement:
(a) is 7.3.1 Is in writing; and
(b) includes 7.3.2 Includes the name of the employer and employee; and
(c) is 7.3.3 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 7.3.4 Includes details of:
(ia) the The terms of the enterprise agreement that will be varied by the arrangement; and
(iib) how How the arrangement will vary the effect of the terms; and
(iiic) how How the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
7.3.5 States the day on which the arrangement commences.
31.5 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
31.6 7.5 The employer or employee may terminate the individual flexibility arrangement:
(a) by 7.5.1 By giving no more than 28 days written notice to the other party to the arrangement; or
(b) if 7.5.2 If the employer and employee agree in writing- writing--at any time.. Part 2 — Employment relationship and associated matters
Appears in 1 contract
Sources: Enterprise Agreement
FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an 8.13.1 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) start and finish timesa. RDO’s; or
b. Hours of Work; and
(ii) times for meal breaks.
(b) the arrangement meets the genuine needs of the employer and employee in relation to I 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
31.2 8.13.2 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.
31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1.
31.4 8.13.3 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) i. the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) . how the arrangement will vary the effect of the terms; and
(iii) . how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and
e) states the day on which the arrangement commences.
31.5 8.13.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
31.6 8.13.5 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- writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an 6.1. 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) 6.1.1. the agreement deals with 1 or more of the following matters:
(ia) start and finish timesarrangements about when work is performed;
b) overtime rates;
c) penalty rates;
d) allowances;
e) leave loading; and
(ii) times for meal breaks.
(b) 6.1.2. the arrangement meets the genuine needs of the employer and employee in relation to I 1 or more of the matters mentioned in paragraph (a)6.1.1; and
(c) 6.1.3. the arrangement is genuinely agreed to by the employer and employee.
31.2 6.2. The employer must ensure that the terms of the individual flexibility arrangement:
(a) 6.2.1. are about permitted matters under section 172 of the FW ActFair Work Act 2009; and
(b) 6.2.2. are not unlawful terms under section 194 of the FW ActFair Work Act 2009; and
(c) 6.2.3. result in the employee being better off overall than the employee would be if no arrangement was made.
31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1.
31.4 6.3. The employer must ensure that the individual flexibility arrangement:
(a) 6.3.1. is in writing; and
(b) 6.3.2. includes the name of the employer and employee; and
(c) 6.3.3. 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) 6.3.4. includes details of:
(ia) the terms of the 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 their employment as a result of the arrangement; and
6.3.5. states the day on which the arrangement commences.
31.5 6.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
31.6 6.5. The employer or employee may terminate the individual flexibility arrangement:
(a) 6.5.1. by giving no more than 28 days written notice to the other party to the arrangement; or
(b) 6.5.2. if the employer and employee agree in writing- writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an 10.1.1 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 one or more of the following matters:
(i) start and finish times; andarrangements about when work is performed;
(ii) times for meal breaks.overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee employees in relation to I one or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
31.2 10.1.2 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 of overall than the employee would be if no arrangement was made.
31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1.
31.4 10.1.3 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 their his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
31.5 10.1.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
31.6 10.1.5 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- writing – at any time.
Appears in 1 contract
Sources: Processing Agreement
FLEXIBILITY TERM. 31.1 In addition to any other flexibility within this Agreement, an employer The Company 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) start i. arrangements about when work is performed;
ii. overtime rates; and finish times; and
(ii) times for meal breaks.
(b) the arrangement meets the genuine needs of the employer Company and employee in relation to I 1 or more of the matters mentioned in paragraph (a2.17.1(a); and
(c) and the arrangement is genuinely agreed to by the employer Company and employee.
31.2 . The employer Company must ensure that the terms of the individual flexibility arrangement:
(a) : Formatted: Font: Italic are about permitted matters under section 172 of the FW ActFair Work ▇▇▇ ▇▇▇▇; and
(b) and Formatted: Font: Italic are not unlawful terms under section 194 of the FW ActFair Work ▇▇▇ ▇▇▇▇; and
(c) and result in the employee being better off overall than the employee would be if no arrangement was made.
31.3 For the avoidance of doubt, the arrangement may not vary the effect of terms of this enterprise agreement other than those relating to clause 31.1.
31.4 . The employer Company must ensure that the individual flexibility arrangement:
(a) : is in writing; and
(b) and includes the name of the employer and employee; and
(c) and 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) and includes details of:
(i) i. the terms of the enterprise agreement that will be varied by the arrangement; and
(ii) . how the arrangement will vary the effect of the terms; and
(iii) . how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement.
31.5 ; and states the day on which the arrangement commences. The employer Company must give the employee and their union (if applicable) a copy of the individual flexibility arrangement within 14 days after it is agreed to.
31.6 . 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) or if the employer Company and employee agree in writing- writing — at any time.
Appears in 1 contract