Individual Flexibility Clause Samples

Individual Flexibility. The Employer and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:

Individual Flexibility. (a) The parties to this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) the arrangement meets the genuine needs of the employer and employee in relation to the matters mentioned in paragraph (a); and (iii) the arrangement is genuinely agreed to by the employer and the employee. (b) Wilmar must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Act; and (ii) are not unlawful terms under section 194 of the Act; and (iii) results in the employee being better off overall than the employee would be if no arrangement was made. (c) Wilmar must ensure that the individual flexibility arrangement: (i) is in writing; (ii) includes the name of the employer and the employee; and (iii) 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 (iv) includes details of: (A) the terms of the enterprise agreement that will be varied by the arrangement; and (B) how the arrangement will vary the effect of the terms; and (C) 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 (v) states the day on which the arrangement commences. (d) ▇▇▇▇▇▇ must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) Wilmar or the employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if ▇▇▇▇▇▇ and the employee agree in writing – at any time.

Individual Flexibility. 44.1 The Company and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: 44.1.1 the arrangement deals with the following matters: 44.1.2 arrangements about when work is performed; 44.1.3 the arrangement meets the genuine needs of the Company and the Employee in relation to the matter mentioned in paragraph(a); and 44.1.4 the arrangement is genuinely agreed to by the Company and the Employee. 44.2 The Company must ensure that the terms of the individual flexibility arrangement: 44.2.1 are about permitted matters under section 172 of the Act; and 44.2.2 are not unlawful terms under section 194 of the Act; and 44.2.3 result in the Employee being better off overall than the Employee would be if arrangement was made. 44.3 The Company must ensure that the individual flexibility arrangement: 44.3.1 is in writing; and 44.3.2 includes the name of the Company and the Employee; and 44.3.3 is signed by the Company and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and 44.3.4 includes details of: (a) the terms of the Agreement that will be varied by the arrangement; and (b) how the arrangement will vary the effect of the terms; and (c) 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 (d) states the day on which the arrangement commences. 44.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 44.5 The Company or Employee may terminate the individual flexibility arrangement by giving thirteen (13) weeks written notice to the other party to the arrangement.

Individual Flexibility. (a) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the arrangement deals with 1 or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and (ii) the arrangement meets the genuine needs of the employer and employee in relation to the matter or matters it deals with; and (iii) the arrangement is genuinely agreed to by the employer and employee, without coercion or duress. (b) An individual flexibility arrangement may only be made after the individual employee has commenced employment with the employer. (c) An employer who wishes to initiate the making of an individual flexibility arrangement must: (i) give the employee a written proposal; and (ii) if the employer is aware that the employee has, or should reasonably be aware that the employee may have, limited understanding of written English, take reasonable steps to ensure that the employee understands the proposal. (d) If the employer proposes to enter into an individual flexibility arrangement with an employee, the employer must meet with the employee to discuss the proposal prior to entering the individual flexibility arrangement if the employee requests such a meeting. (e) The employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. (f) The employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee and, if the employee is under 18 years of age, is signed by a parent or guardian of the employee; and (d) includes details of: (a) the terms of the enterprise agreement that will be varied by the arrangement; and (b) how the arrangement will vary the effect of the terms; and (c) 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 (d) states the day on which the arrangement commences; and (e) describes how the individual flexibility arrangement can be ...

Individual Flexibility. 8.1 An employerThe Company and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement arrangement deals with 1 or more agreement terms aboutof the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer Company and employee. 8.2 The employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work ▇▇▇ ▇▇▇▇ ; and (b) are not unlawful terms under section 194 of the Fair Work ▇▇▇ ▇▇▇▇ ; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 8.3 The employer Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer Company and employee; and (c) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 8.4 The employer Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 8.5 The employer Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer Company and employee agree in writing at any time.

Individual Flexibility. 35.1 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 1 or more of the following matters: i. Arrangements about when work is performed; ii. Overtime rates; iii. Penalty rates; iv. Allowances. and/or

Individual Flexibility. Notwithstanding any other provisions of this Agreement, an Employee and the Employer may agree to vary the effect of this agreement to meet the genuine individual needs of the Employee and the Employer. The terms that an Employee and the Employer may agree to vary the effect of are those concerning: hours of work; and

Individual Flexibility. 5.8.1 Grosvenor and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement, provided that: (a) The arrangement is made at the instigation of the Employee; and (b) The arrangement deals with one or more of the following matters: (i) The taking of annual leave over longer periods than entitled at full pay but at a direct pro-rata payment; (ii) The taking of up to 5 annual leave days per annum as single day absences; and (c) The arrangement entered meets the genuine needs of ▇▇▇▇▇▇▇▇▇ and the Employee in relation to one or more of the matters mentioned in 5.9.1(b); and (d) The arrangement is genuinely agreed to by ▇▇▇▇▇▇▇▇▇ and the Employee. 5.8.2 Grosvenor must ensure that the terms of the individual flexibility arrangement: (a) Are about permitted matters under section 172 of the Fair Work Act 2009; and (b) Do not contain unlawful terms within the meaning of section 194 of the Fair Work Act 2009; and (c) Result in the Employee being better off overall than the Employee would be if no arrangement was made. 5.8.3 Grosvenor must ensure that the individual flexibility arrangement: (a) Is in writing; and (b) Includes the name of ▇▇▇▇▇▇▇▇▇ and the Employee; and (c) Is signed by Grosvenor and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) Includes details of: (i) The terms of the Agreement that will be varied by the arrangement; and (ii) How the arrangement will vary the effect of the terms; and (iii) How the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 5.8.4 ▇▇▇▇▇▇▇▇▇ must give the Employee and their representative a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 5.8.5 Grosvenor or the Employee may terminate the individual flexibility arrangement: (a) By the Employee giving no more than twenty-eight (28) days written notice to ▇▇▇▇▇▇▇▇▇ or by ▇▇▇▇▇▇▇▇▇ giving at least two (2) months written notice to the Employee; or (b) If ▇▇▇▇▇▇▇▇▇ and the Employee agree in writing — at any time.

Individual Flexibility. Notwithstanding any other provision of this Agreement, the Company and an individual Employee may agree to vary the arrangements for when work is performed to meet the genuine needs of the individual Employee and the Company. The Company and the individual Employee must have genuinely made the agreement without coercion or duress. The agreement between the Company and the individual Employee must: i) be confined to a variation for when work is performed; and ii) have a ‘cooling off’ period of five working days after the commencement of the flexibility agreement; and iii) not disadvantage the individual Employee in relation to the individual Employee’s terms and conditions of employment. For the purposes of this clause, the agreement will be taken not to disadvantage the individual Employee in relation to the individual employee’s terms and conditions of employment if: i) the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual Employee under this Agreement; and ii) the agreement does not result in a reduction in the terms and conditions of employment of the individual Employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory. The agreement between the Company and the individual Employee must also: i) be in writing, name the parties to the agreement and be signed by an authorised Company representative and the individual Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;