Common use of Flexibility Clause in Contracts

Flexibility. 6.1 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 if: (a) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 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 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An 7.1 The Employer and an Employee covered by this Agreement Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement this Schedule if: (a) 7.1.1 the Agreement agreement deals with one 1 or more of the following matters: (i) overtime ratesarrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowancesSalary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and (v) leave loading. (b) 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a)7.1.1; and (c) 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 7.3 The Employer must ensure that the individual flexibility arrangement: (a) 7.3.1 is in writing; and (b) 7.3.2 includes the name of the Employer and Employee; and (c) 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) 7.3.4 includes details of: (i) the terms of the Agreement Schedule 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) 7.3.5 states the day on which the arrangement commences. 6.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 7.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 7.5.2 if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 8.1. 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 if: (a) the Agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ivii) allowancesovertime rates; (iii) penalty rates; and (viv) leave loadingallowances. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 8.2. Where the Company wants to enter into a variation agreement with an individual Employee, it must provide a written proposal to the Employee. Where the Employee’s understanding in written English is limited, the Company must take measures, including translation into an appropriate language, to ensure that the Employee understands the proposal. 8.3. Provided, however, that the company must ensure that any variation agreement is genuinely agreed to by the Company and the Employee and that it results in the Employee being better off overall than they would have been without the agreement. 8.4. The Employer Company must also ensure that any such variation agreement is: (a) In writing (including details of the terms that will be varied, how the arrangement will vary the effect of the terms, 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 the day on which the arrangement commences); (b) Signed by the parties (i.e. the company and Employee), and if the Employee is under 18, by a parent or guardian of the Employee; (c) Provided to the Employee within 14 days after it is agreed to; (d) Able to be terminated by either party given written notice of not more than 28 days, or at any time by both parties agreeing in writing. 8.5. The Company 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. 6.3 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 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

Flexibility. ‌ 6.1 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 if: (a) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 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 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 52.1. The Company and an any 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 if: (a) the Agreement deals with one or more of the following mattersmatter: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matters matter mentioned in paragraph (a); and (ciii) the arrangement is genuinely agreed to by the Employer Company and Employee. 6.2 52.2. The Employer Company must ensure that the terms of the individual flexibility arrangementIFA: (a) are about permitted matters under section 172 s.172 of the Act; and (b) are not unlawful terms under section 194 s.194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 52.3. The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer Company and the Employee; and (c) is signed by the Employer Company and Employee and and, if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) 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 (eiv) states the day on which the arrangement commences. 6.4 52.4. The Employer Company must give the Employee a copy of the individual flexibility arrangement IFA within 14 fourteen (14) days after it is agreed to. 6.5 52.5. The Employer Company or the Employee may terminate the individual flexibility arrangementIFA: (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 Company and the Employee agree in writing — writing- at any time.

Flexibility. 6.1 An Employer 8.1 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 agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ivii) allowancesovertime rates; (iii) penalty rates; and (viv) leave loadingallowances. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 8.2 Where the Company wants to enter into a variation agreement with an individual Employee, it must provide a written proposal to the Employee. Where the Employee’s understanding in written English is limited, the Company must take measures, including translation into an appropriate language, to ensure that the Employee understands the proposal. 8.3 Provided, however, that the company must ensure that any variation agreement is genuinely agreed to by the Company and the Employee and that it results in the Employee being better off overall than they would have been without the agreement. 8.4 The Employer Company must also ensure that any such variation agreement is: (a) In writing (including details of the terms that will be varied, how the arrangement will vary the effect of the terms, 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 the day on which the arrangement commences); (b) Signed by the parties (i.e. the company and Employee), and if the Employee is under 18, by a parent or guardian of the Employee; (c) Provided to the Employee within 14 days after it is agreed to; (d) Able to be terminated by either party given written notice of not more than 28 days, or at any time by both parties agreeing in writing. 8.5 The Company 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. 6.3 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 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An 9.1 The Employer and an Employee covered by this Agreement may (but are not obliged to) agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if: (a) the Agreement agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) 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 the Employer and the Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and the Employee. 6.2 9.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no flexibility arrangement was made. 6.3 9.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and the Employee; and (c) is signed by the Employer and Employee 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 this Agreement that will be varied by the flexibility arrangement; and (ii) how the flexibility 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 flexibility arrangement; and (e) states the day on which the flexibility arrangement commences. 6.4 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 9.5 The Employer or the 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) at any time if the Employer and the Employee agree in writing — at any timewriting.

Flexibility. 6.1 14.1 An Employer 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: (a) the Agreement arrangement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.remuneration; and/or (vi) leave; and (b) the arrangement meets the genuine needs of the Employer employer and Employee employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer employer and Employeethe employee. 6.2 14.2 The Employer employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 6.3 14.3 The Employer employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer employer and Employeeemployee; and (c) is signed by the Employer employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: (i) the terms of the Agreement this 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 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 commencescommences and, where applicable, when the arrangement ceases. 6.4 14.4 The Employer employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 14.5 The Employer employee or the Employee Director 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 employee and Employee the Director agree in writing — at any time. 14.6 The employer will report on the use of these arrangements to each meeting of the Workplace Relations Committee (WRC). That information will include the following (but without identifying any individual): (a) The number of flexibility arrangements. 14.7 In the event a request for a flexibility arrangement is not approved, the employer is required to advise the employee in writing, of the reasons why their request was not approved.

Flexibility. 6.1 An 32.1 The 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 if: (a) the Agreement agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) 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 the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a32.1a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 32.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 32.3 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: (ie) the terms of the Agreement that will be varied by the arrangement; and (iif) how the arrangement will vary the effect of the terms; and (iiig) 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 (eh) states the day on which the arrangement commences. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An 9.1. The 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: 9.1.1. the agreement deals with the following matter:‌ (a) the Agreement deals Salary Packaging - an Employee may elect a salary packaging arrangement in accordance with one or more Clause 26 of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowancesthis Agreement; and (v) leave loading.or (b) part-year employment, and 9.1.2. the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a)9.1.1; and (c) 9.1.3. the arrangement is genuinely agreed to by the Employer and Employee. 6.2 9.2. The Employer must ensure that the terms of the individual flexibility arrangement: (a) 9.2.1. are about permitted matters under section 172 of the ActFair Work Act 2009 (C’th); and (b) 9.2.2. are not unlawful terms under section 194 of the ActFair Work Act 2009 (C’th); and (c) 9.2.3. result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 9.3. The Employer must ensure that the individual flexibility arrangement: (a) 9.3.1. is in writing; and (b) 9.3.2. includes the name of the Employer and Employee; and (c) 9.3.3. 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) 9.3.4. 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 (e) 9.3.5. states the day on which the arrangement commences. 6.4 9.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 9.5. The Employer or the Employee may terminate the individual flexibility arrangement: (a) 9.5.1. by giving no more than 28 days written notice to the other party to the arrangement; or (b) 9.5.2. if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 12.1 The College and an Employee covered by this Agreement may (but are not obliged to) agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if: (a) the Agreement agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) 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 the Employer College and the Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer College and the Employee. 6.2 12.2 The Employer College must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no flexibility arrangement was made. 6.3 12.3 The Employer College must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer College and the Employee; and (c) is signed by the Employer College and Employee 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 this Agreement that will be varied by the flexibility arrangement; and (ii) how the flexibility 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 flexibility arrangement; and (e) states the day on which the flexibility arrangement commences. 6.4 12.4 The Employer College must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 12.5 The Employer College or the 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) at any time if the Employer College and the Employee agree in writing — at any timewriting.

Flexibility. 6.1 An 7.1 The Employer and an Employee covered by this Agreement Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement this Schedule if: (a) 7.1.1 the Agreement agreement deals with one 1 or more of the following matters: (i) overtime ratesarrangements about when work is performed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowancesSalary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and (v) leave loading. (b) 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a)7.1.1; and (c) 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Act 2009 (Cth); and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 7.3 The Employer must ensure that the individual flexibility arrangement: (a) 7.3.1 is in writing; and (b) 7.3.2 includes the name of the Employer and Employee; and (c) 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) 7.3.4 includes details of: (i) the terms of the Agreement Schedule 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) 7.3.5 states the day on which the arrangement commences. 6.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 7.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 7.5.2 if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An The Employer 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 agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed, overtime and penalty rates; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph above; (a)c) the Employee has had the opportunity to consult with their representative; and (cd) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 Employee and is not made under duress or coercion. The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 . 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 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. 6.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 . The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An (a) The 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 if: (ai) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (aa)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act; and; (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and; (bii) includes the name of 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 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 (eD) states the day on which the arrangement commences. 6.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more less than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An 8.1. The 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 ifprovided that the individual flexibility arrangement: (a) the Agreement 8.1.1. deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) 8.1.1.1. arrangements about when work is performed; (iv) 8.1.1.2. overtime rates; 8.1.1.3. penalty rates 8.1.1.4. allowances; 8.1.1.5. leave loading; and (v) leave loading. (b) the arrangement 8.1.2. meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a)those matters; and (c) the arrangement 8.1.3. is genuinely agreed to by the Employer and the Employee.; and 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are 8.1.4. is about permitted matters under section 172 of the Act; and (b) are Act and is not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 The Employer must ensure that the individual flexibility arrangement: (a) 8.1.5. is in writing; and (b) 8.1.6. includes the name of the Employer and Employee; and (c) 8.1.7. is signed by the Employer and the Employee and if the Employee is under 18 years of age, signed by a the Employee’s parent or guardian of the Employeeguardian; and (d) 8.1.8. includes details of: (i) 8.1.8.1. the terms of the Agreement that will be varied by the arrangement; and (ii) and how the arrangement will vary the effect of the terms; and (iii) 8.1.8.2. 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) 8.1.8.3. states the day on which the arrangement commences. 6.4 8.2. The Employer must ensure that the terms of the individual flexibility arrangement result in the Employee being better off overall than the Employee would be if no arrangement was made. 8.3. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 8.4. The Employer or the Employee may terminate the individual flexibility arrangement: (a) 8.4.1. by giving no more than 28 days written notice to the other party to the arrangement; or (b) 8.4.2. if the Employer and Employee agree in writing — - at any time.

Flexibility. 6.1 An Employer 51.1 Symbion and an Employee employee covered by this enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the this Agreement if: (a) the employee's circumstances are that they are a parent or carer and the change in working arrangements would assist them in their parental or carer's responsibilities; (b) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) arrangements about when work is performed and penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bc) the arrangement meets the genuine needs of the Employer ▇▇▇▇▇▇▇ and Employee employee in relation to one or more of the matters mentioned in paragraph above; (a)d) the employee has had the opportunity to consult with their representative; and, (ce) the arrangement is genuinely agreed to by the Employer ▇▇▇▇▇▇▇ and Employeeemployee and not under duress or coercion. 6.2 The Employer 51.2 Symbion must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and; (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made; and. 6.3 The Employer (d) are not made a condition of engagement. 51.3 Symbion must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer ▇▇▇▇▇▇▇ and Employeeemployee; and (c) is signed by the Employer ▇▇▇▇▇▇▇ and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: (i) 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 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. 6.4 The Employer 51.4 Symbion must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer 51.5 Symbion or the Employee employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or, (b) if the Employer ▇▇▇▇▇▇▇ and Employee employee agree in writing — at any time.

Flexibility. 6.1 An Employer The Company and an Employee one of its Employees 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 deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer Company and Employee in relation to one or more of the matters matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 6.2 . The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009 (Cth); and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009 (Cth); and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 . 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; (iiii) 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. 6.4 . The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 . The Employer Company or the 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 Company and Employee agree in writing — at any time.

Flexibility. 6.1 An Employer 25.1 The company 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: (a) the Agreement agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading; (vi) flexibility in pre and post Parental Leave work arrangements; (vii) job share arrangements; and (viii) Shotfirers’ terms and conditions of employment. (b) the arrangement meets the genuine needs of the Employer company and Employee the employee in relation to one 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer company and Employeethe employee. 6.2 25.2 The Employer company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 6.3 25.3 The Employer company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer company and Employeethe employee; and (c) is signed by the Employer company and Employee the employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: (i) the terms of the 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 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. 6.4 25.4 The Employer company must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 25.5 The Employer company or the Employee employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer company and Employee the employee agree in writing — – at any time.

Flexibility. 6.1 An (a) The 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 if: (ai) the Agreement deals with one or more of the following matterswith: (i) overtime rates; (ii) penalty rates; (iiiA) arrangements about when work is performed; (ivB) overtime rates; (C) penalty rates (D) allowances; (E) leave loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (aa)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act; and; (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and; (bii) includes the name of 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 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 (eD) states the day on which the arrangement commences. 6.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more less than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An (a) The Employer and an Employee covered by this Agreement individual flexibility arrangement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (aa)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act; and; (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and; (bii) includes the name of 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 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 (eD) states the day on which the arrangement commences. 6.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more less than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and Employee agree in writing — at any time.

Flexibility. ‌ 6.1 An The 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 if: (a) the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 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 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. 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An 15.1.1. The Employer and an Employee employee covered by this Agreement agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the Agreement ifthis agreement that deal with: (a) the Agreement deals with one or more Cashing out of the following matters:annual leave (34.13) b) Meal breaks (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loadingclause 28. (b1) the arrangement An IFA may only be entered into where it meets the genuine needs of the Employer employer and Employee in relation to one or more of the matters mentioned in paragraph (a); and (c) employee and the arrangement is genuinely agreed to by the Employer and Employeethe employee. An IFA must not be entered into as a condition of employment at engagement. Employees may seek the advice of their nominated representative (who may be the Union) when entering into an IFA. 6.2 15.1.2. The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 6.3 15.1.3. The Employer must ensure that the individual flexibility arrangement:IFA; (a) is in writingwriting and provided in the appropriate language for the employee; and (b) includes the name of the Employer and Employeethe employee; and (c) is signed by the Employer company and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes Includes details of: (i) the terms term of the 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 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. 6.4 15.1.4. The Employer must give the Employee employee a copy of the individual flexibility arrangement within IFA 14 days after it is agreed to. 6.5 15.1.5. The Employer or the Employee employee may terminate the individual flexibility arrangementIFA: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee employee agree in writing — - at any time.

Flexibility. 6.1 An The Employer 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) 7.1.1 the Agreement deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iiia) arrangements about when work is performed; (ivb) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and (v) leave loading. (b) 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a)clause 7.1.1; and (c) 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 . The Employer must ensure that the terms of the individual flexibility arrangement: (a) 7.2.1 are about permitted matters under section 172 of the Act; andAct ; (b) 7.2.2 are not unlawful terms under section 194 of the Act; and (c) 7.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 . The Employer must ensure that the individual flexibility arrangement: (a) 7.3.1 is in writing; and (b) 7.3.2 includes the name of the Employer and Employee; and (c) 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) 7.3.4 includes details of: (ia) the terms of the 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 (e) 7.3.5 states the day on which the arrangement commences. 6.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 . The Employer or the Employee may terminate the individual flexibility arrangement: (a) 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 7.5.2 if the Employer and Employee agree in writing — - at any time.

Flexibility. 6.1 An The Employer 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 flexibility agreement deals with one (1) or more of the following matters: (i) overtime ratesclause 39.5 – Compassionate Leave; (ii) penalty rates;clause 40 – Parental Leave; or (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loadingclause 44 – Community Service and Jury Service. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned outlined in paragraph (aclause 13.1(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 . The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and; (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 . 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 this 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 their employment as a result of the arrangement; and. (e) states the day on which the arrangement commences. 6.4 . The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 . The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An (a) The 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 if: (ai) the Agreement deals with one or more of the following matterswith: (i) overtime rates; (ii) penalty rates; (iiiA) arrangements about when work is performed;. (ivB) allowancesovertime rates. (C) penalty rates. (D) Allowances. (E) leave loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (aa)(i); and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act; and (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of 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 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 (eD) states the day on which the arrangement commences. 6.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 (e) The Employer or the Employee may terminate the individual flexibility arrangement: (ai) by giving no more less than 28 days written notice to the other party to the arrangement; or (bii) if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An 10.1 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 if: (a) the The Agreement deals with one (1) or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements Arrangements about when work is performed; (ii) Overtime rates; (iii) Penalty rates; (iv) allowancesAllowances; (v) Leave loading; and (v) leave loading. (b) the The arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in paragraph (a); and (c) the The arrangement is genuinely agreed to by the Employer and Employee. 6.2 10.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 10.3 The Employer must ensure that the individual flexibility arrangementagreement: (a) is Is in writing; and (b) includes Includes the name of the Employer and Employee; 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 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 over in relation to the terms and conditions of his or her their employment as a result of the arrangement; and (e) states States the day on which the arrangement commences. 6.4 10.4 The Employer must give the Employee a copy of the individual flexibility arrangement agreement within 14 days after it is agreed to. 6.5 10.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by By giving no more less than 28 days written notice to the other party to the arrangement; or (b) if If the Employer and Employee agree in writing — – at any time. 10.6 Where the Employer requests that an Employee enter into an individual flexibility arrangement and the Employee agrees to such request, the Employer will notify the Union that the arrangement has been entered into. Where an Employee requests an individual flexibility arrangement, the Employee can elect to advise the Union that the arrangement has been entered into.

Flexibility. 6.1 An 7.1 The Employer and an Employee covered by this Agreement Schedule may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement this Schedule if: (a) 7.1.1 the Agreement agreement deals with one 1 or more of the following matters:matters:‌ (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performedperformed - such arrangements may be made to vary the operation of clause 24 Hours of Work; (ivii) allowancesSalary Packaging – an employee may elect a salary packaging arrangement in accordance with clause 21 of this Schedule; and (v) leave loading. (b) 7.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a)7.1.1; and (c) 7.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the ActFair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 7.3 The Employer must ensure that the individual flexibility arrangement: (a) 7.3.1 is in writing; and (b) 7.3.2 includes the name of the Employer and Employee; and (c) 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) 7.3.4 includes details of: (i) the terms of the Agreement Schedule 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) 7.3.5 states the day on which the arrangement commences. 6.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 7.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) 7.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 7.5.2 if the Employer and Employee agree in writing — at any time.

Flexibility. 6.1 An 9.1 The Employer and an Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the Agreement agreement if: (a) 9.1.1 the Agreement agreement deals with one (1) or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) 9.1.1.1 arrangements about when work is performed; (iv) 9.1.1.2 overtime rates 9.1.1.3 penalty rates 9.1.1.4 allowances 9.1.1.5 leave loading; and (v) leave loading. (b) 9.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to one 1 or more of the matters mentioned in paragraph (a)Sub Clause 9.1; and (c) 9.1.3 the arrangement is genuinely agreed to by the Employer and Employee. 6.2 9.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) 9.2.1 are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) 9.2.2 are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) 9.2.3 result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 9.3 The Employer must ensure that the individual flexibility arrangement: (a) 9.3.1 is in writing; and (b) 9.3.2 includes the name of the Employer and the Employee; and (c) 9.3.3 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) 9.3.4 includes details of: (i) 9.3.4.1 the terms of the Agreement enterprise agreement that will be varied by the arrangement; and; (ii) 9.3.4.2 and how the arrangement will vary the effect of the terms; and (iii) 9.3.4.3 how the Employee employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) 9.3.4.4 states the day on which the arrangement commences. 6.4 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 9.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) 9.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 9.5.2 if the Employer and Employee agree in writing — – at any time.

Flexibility. 6.1 An 33.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement agreement (Individual Flexibility Agreement) to vary the effect of terms of the Agreement if: (a) the Individual Flexibility Agreement deals with one (1) or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and the Employee in relation to one or more of the matters mentioned in paragraph (a); and (ciii) the arrangement is genuinely agreed to by the Employer and the Employee. 6.2 33.2 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. 6.3 33.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and the Employee; and (c) is signed by the Employer and the Employee and and, if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the Agreement enterprise agreement that will be varied by the arrangementIndividual Flexibility Agreement; 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 (eiv) states the day on which the arrangement commences. 6.4 33.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 33.5 The Employer or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and the Employee agree in writing — writing, at any time.. An employee classified and appointed to a level within this classification structure by ▇▇▇▇▇▇ Bros, at the discretion of ▇▇▇▇▇▇ Bros Management, is required to perform all of the duties and carry the responsibilities required of a position classified at their appointed level. Neither the making of this Agreement or its operation will result in an existing employee suffering a change in their classification and/or associated rate of pay / pay level that they currently receive under the existing Agreement. In the event of any uncertainty, an existing employee will remain being paid at the equivalent classification for the term of this Agreement that they currently receive under the existing Agreement. Construction Worker 1 CB1 *Labourer - Entry level with minimal experience in construction industry Construction Worker Level 2 CB2 *Labourer - Conducting labouring duties requiring the exercise of skill and knowledge beyond that of a CB1. Undertaking training or basic operation of some plant, including rollers and water carts Construction Worker Level 3 CB3 *Labourer – Conducting labouring duties requiring the exercise of skill and knowledge beyond that of a CB2. Competent operator of some plant, including rollers and water carts. Undertaking training to operate laser level, pipe laser Construction Worker Level 4 CB4 *Labourer – Conducting labouring duties requiring the exercise of skill and knowledge beyond that of a CB3. Also competent in formwork/concreting, pipelaying; Undertaking training as Leading Hand; Competent plan reading; Competent pipe laying, including stormwater *Plant Operator – Entry level with limited experience as an operator of plant listed in Category A or Category B Construction Worker Level 5 CB5 *Leading Hand Construction Worker *Plant Operator – Demonstrates an ability to operate: • 1 item of plant at a High Standard; AND • 2 or more items of plant at a Competent Standard, as listed in Category A or Category B. Construction Worker Level 6 CB6 *Plant Operator – Demonstrates an ability to operate: • 3 or more items of plant at a High Standard; OR • 1 item of plant at an Advanced Standard; AND • 2 or more items of plant at a Competent Standard, as listed in Category A or Category B. Construction Worker Level 7 CB7 *Plant Operator – Demonstrates an ability to operate: • 1 item of plant at an Advanced Standard; AND • 1 or more items of plant at a High Standard; OR • 2 items of plant at an Advanced Standard; as listed in Category A or Category B. o Compactor—from 48 kW (65 hp), o Dragline/shovel excavator—up to but not exceeding 3.0 metre capacity o Dumper—up to but not exceeding 100 ton o Excavator—hydraulic telescopic boom type o Grader o Loader—front end and overhead, from 48 kW (65 hp) up to but not exceeding 200 kW (280 hp) o Operator, drilling machine, over 230 mm diameter o Scraper, self-powered over 10 cubic metres struck capacity o Skid steer tractor—from 48 kW (65 hp) o Tractor—from 48 kW (65 hp) up to but not exceeding 200 kW (280 hp) o Dumper—from 100 ton struck capacity o Loader—front end and overhead, from 200 kW (280 hp) up to but not exceeding 450 kW (600 hp) o Operator (dragline/shovel excavator—from 3 cubic metres o Tractor—from 200 kW (280 hp) up to but not exceeding 450 kW (600 hp) o Dogger-crane hand (fixed cranes) o Operator of tractor—from 450 kW (600 hp) o Fuel Truck Drivers o Crane Operators (able to operate a crane with capacity of less than 20T) CB1 $ 33.2399 $ 34.5123 $ 35.7846 CB2 $ 34.0279 $ 35.3304 $ 36.6329 CB3 $ 34.3842 $ 35.7004 $ 37.0165 CB4 $ 36.0373 $ 37.4167 $ 38.7961 CB5 $ 37.7669 $ 39.2125 $ 40.6581 CB6 $ 39.3691 $ 40.8760 $ 42.3830 CB7 $ 39.9299 $ 41.4583 $ 42.9868

Flexibility. 6.1 An Employer 32.1 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 if: (a) the Agreement arrangement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) 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 the Employer Company and Employee in relation to one 1 or more of the matters mentioned in paragraph (aclause 32.1(a); and (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 6.2 32.2 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW 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. 6.3 32.3 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 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. 6.4 32.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 32.5 The Employer Company or the Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer Company and Employee agree in writing — at any time.

Flexibility. 6.1 An 20.1. The Employer and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement to vary the effect of terms of the Agreement if: (a) if the Agreement agreement deals with one 1 or more of the following matters: (i) overtime rates; (ii) penalty rates; (iiia) arrangements about when work is performed; (ivb) overtime rates; c) penalty rates; d) allowances; and; (ve) leave loading. (b) ; and the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in paragraph (a)this clause; and (c) and the arrangement is genuinely agreed to by the Employer and Employee. 6.2 20.2. The Employer must ensure that the terms of the individual flexibility arrangementIndividual Flexibility Arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 20.3. The Employer must ensure that the individual flexibility arrangementIndividual 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. 6.4 20.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 6.5 20.5. The Employer or the Employee may terminate the individual flexibility f lexibility 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. 6.1 An 34.1. The Employer and an any Employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the Agreement if: (a) the Agreement IFA deals with one or more of the following matters: (i) overtime rates; (ii) penalty rates; (iii) arrangements about when work is performed; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one or more of the matters matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 6.2 34.2. The Employer must ensure that the terms of the individual flexibility arrangementIFA: (a) are about permitted matters under section 172 of the Act; and; (b) are not unlawful terms under section 194 of the Act; and (c) result results in the Employee being better off overall than the Employee would be if no arrangement was made. 6.3 34.3. The Employer must ensure that the individual flexibility arrangementIFA: (a) is in writing; and; (b) includes the name of the Employer and the Employee; and; (c) is signed by the Employer and Employee and 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 Agreement that will be varied by the arrangement; andIFA; (iie) how the arrangement IFA 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 his or her employment as a result of the arrangementIFA; and (eg) states the day on which the arrangement IFA commences. 6.4 34.4. The Employer must give the Employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 6.5 34.5. The Employer or the Employee may terminate the individual flexibility arrangementIFA: (a) by giving no more than 28 days written notice to the other party to the arrangementIFA; or (b) if the Employer and the Employee agree agree, in writing — at any time.