Individual Flexibility Arrangements. 12.1 HQPlantations and an employee covered by this Agreement may agree to enter into individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) to vary the effect of terms of this Agreement if: a. The IFA deals with one (1) or more of the following matters: i. Arrangements about when work is performed; ii. Overtime rates; iii. Penalty rates; iv. Allowances; v. Leave loading; and b. The arrangement meets the genuine needs of the Company and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above; and c. The IFA is genuinely agreed to by the Company and employee. 12.2 The Company shall ensure that the terms of the IFA: a. Are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and b. Are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and c. Result in the employee being better off overall than the employee would be if no IFA was made. 12.3 The Company shall ensure that the IFA: a. Is in writing; and b. Includes the name of the Company and employee; and c. Is signed by the 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 IFA; and ii. How the IFA 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 IFA commences. 12.4 The Company shall give the employee a copy of the IFA within 14 days after it is agreed. 12.5 The Company or employee may terminate the IFA: a. By giving no more than 28 days written notice to the other party to the arrangement; or b. If the Company and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 1.11.1. Notwithstanding any other provision of this Agreement, an Employer and an employee covered by this Agreement individual Employee may agree to enter into individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) to vary the effect application of certain terms of this Agreement ifto meet the genuine individual needs of the Employer and the individual Employee. The terms the Employer and the individual Employee may agree to vary the application of are those concerning:
a. The IFA deals with one (1a) or more of the following matters:
i. Arrangements about arrangements for when work is performed;
ii. Overtime (b) overtime rates;
iii. Penalty (c) penalty rates;
iv. Allowances;
v. Leave loading(d) allowances; and
b. (e) leave loading.
1.11.2. The arrangement meets Employer and the genuine needs individual Employee must have genuinely made the Agreement without coercion or duress.
1.11.3. The agreement between the Employer and the individual Employee must:
(a) be confined to a variation in the application of the Company and employee in relation to one (1) or more of the matters mentioned terms listed in paragraph (a) aboveclause 1.11.1; and
c. The IFA is genuinely agreed to by the Company and employee.
12.2 The Company shall ensure that the terms of the IFA:
a. Are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and
b. Are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and
c. Result b) result in the employee Employee being better off overall than the employee Employee would be have been if no IFA was madeindividual flexibility agreement had been agreed to.
12.3 1.11.4. The Company shall ensure that agreement between the IFAEmployer and the individual Employee must also:
a. Is (a) be in writing; and
b. Includes , name the name of parties to the Company agreement and employee; and
c. Is be signed by the Company Employer and employee and the individual Employee and, if the employee Employee is under 18 years of age, signed by a the Employee’s parent or guardian guardian;
(b) state each term of the employee; and
d. Includes details of:
i. The terms of the this Agreement that will be the Employer and the individual Employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the IFA; andEmployer and the individual Employee;
ii. How (d) detail how the IFA will vary agreement results in the effect of the terms; and
iii. How the employee will be individual Employee being better off overall in relation to the individual Employee’s terms and conditions of his or her employment as a result of the arrangementemployment; and
e. States (e) state the day on which date the IFA commencesagreement commences to operate.
12.4 1.11.5. The Company shall Employer must give the employee individual Employee a copy of the IFA within 14 days after it is agreedagreement and keep that agreement as a time and wages record.
12.5 1.11.6. Except as provided in clause1.11.4(a) the agreement must not require the approval or consent of a person other than the Employer and the individual Employee.
1.11.7. An Employer seeking to enter into an agreement must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. The Company Employee may seek independent advice from an organisation or employee other relevant advocate.
1.11.8. The agreement may terminate the IFAbe terminated:
a. By (a) by the Employer or the individual Employee giving no more than 28 days written four (4) weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the arrangementend of the notice period; or;
b. If the Company and employee agree in writing – (b) at any time, by written Agreement between the Employer and the individual Employee.
1.11.9. The right to make an Agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an Agreement between an Employer and an individual Employee contained in any other term of this Agreement.
Appears in 1 contract
Sources: Royal District Nursing Service LTD Victorian Operations Enterprise Agreement 2016
Individual Flexibility Arrangements. 12.1 HQPlantations 13.1 NCRG and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (a) the agreement deals with one (1) or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. The (b) the arrangement meets the genuine needs of NCRG and the Company and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (a) abovesubclause 13.1(a); and
c. The IFA (c) the arrangement is genuinely agreed to by NCRG and the Company and employeeEmployee.
12.2 The Company shall 13.2 NCRG must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 The Company shall 13.3 NCRG must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of NCRG and the Company and employeeEmployee; and
c. Is (c) is signed by NCRG and the Company and employee and Employee and, if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and
d. Includes (d) includes details of:
i. The (i) the terms of the this Agreement that will be varied by the IFA; andarrangement;
(ii. How ) how the IFA arrangement will vary the effect of the terms; and;
(iii. How ) 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 (e) states the day on which the IFA arrangement commences.
12.4 The Company shall 13.4 NCRG must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The Company 13.5 Either NCRG or employee the Employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangementparty; or
b. If the Company and employee agree in writing – (b) at any timetime by mutual agreement (in writing).
Appears in 1 contract
Sources: Employees’ Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 6.3.1 The Company and an employee Employee covered by this Enterprise Agreement may agree to enter into individual flexibility arrangements (hereinafter referred to as make an Individual Flexibility Agreement (IFA)) Arrangement to vary the effect of the terms of this the Agreement if:
a. The IFA (a) the Agreement deals with one (1) or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
ii. Overtime rates;
iii. Penalty rates;
iv. Allowances;
v. Leave loading; and
b. The (ii) allowances.
(b) the arrangement meets the genuine needs of the Company Employer and employee Employee in relation to one (1) 1 or more of the matters mentioned in paragraph (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company Employer and employeeEmployee.
12.2 6.3.2 The Company shall must ensure that the terms of the IFAIndividual Flexibility Arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result (c) result in the employee Employee being better off overall than then the employee Employee would be if no IFA arrangement was made.
12.3 6.3.3 The Company shall must ensure that the IFAIndividual Flexibility Arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company and employeeEmployee; and
c. Is (c) is signed by the 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 (d) includes details of:
i. The (i) the terms of the Enterprise Agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) 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 (e) states the day on which the IFA arrangement commences.
12.4 6.3.4 The Company shall must give the employee Employee a copy of the IFA Individual Flexibility Arrangement within 14 days after it is agreedagreed to.
12.5 6.3.5 The Company or employee Employee may terminate the IFAIndividual Flexibility Arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if the Company and employee Employee agree in writing – at any time.
6.3.6 Where the Company intends to reach any Individual Flexibility Arrangement under this Agreement, the Company must inform in writing, any Union(s) covered by this Agreement of the Company’s intent to enter such an arrangement, at least seven days prior to entering that arrangement. When informing the Union(s) under this sub-clause, the Company must: • include details of the term(s) of the Agreement and / or incorporated Award(s), and which classification of Employees are proposed to be subject to such an arrangement. • not disclose the name of any Employee who the Company proposes to be subject to the Individual Flexibility Arrangement, without the consent of that Employee. For the avoidance of doubt, informing Union(s) under this sub-clause does not mean that those Union(s) must approve or consent to the Individual Flexibility Arrangement.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations
9.1 DPS and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (a) the Agreement deals with one (1) or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave loading(v) remuneration; and
b. The (vi) leave and leave loading.
(b) the arrangement meets the genuine needs of the Company DPS and employee in relation to one (1) or more of the matters mentioned in paragraph (aclause 9.1(a) above; and
c. The IFA (c) the arrangement is genuinely agreed to by the Company DPS and employee.
12.2 The Company shall 9.2 DPS must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 FW Act;
(Cth); and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)FW Act; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 The Company shall 9.3 DPS must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and;
b. Includes (b) includes the name of the Company DPS and employee; and;
c. Is (c) is signed by the Company DPS and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. Includes (d) includes details of:
i. The (i) the terms of the Enterprise Agreement that will be varied by the IFA; andarrangement;
(ii. How ) how the IFA arrangement will vary the effect of the terms; and;
(iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
e. States (iv) states the day on which the IFA arrangement commences.
12.4 The Company shall 9.4 DPS give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The Company 9.5 DPS or the employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If the Company (b) if DPS and employee agree in writing – at any time.
9.6 DPS and the employee are to review the individual flexibility arrangement at least every 12 months. 10 Consultation
Appears in 1 contract
Sources: Employment Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 20.1. The department and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA a) the arrangement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesremuneration;
v. Leave allowances; and/or
vi. leave and leave loading; and;
b. The b) the arrangement meets the genuine needs of the Company department and the employee in relation to one (1) or more of the matters mentioned in paragraph (a) abovesubclause 20.1(a); and
c. The IFA c) the arrangement is genuinely agreed to by the Company department and the employee.
12.2 20.2. The Company shall department must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 20.3. The Company shall department must ensure that the IFAindividual flexibility arrangement:
a. Is a) is in writing; and
b. Includes b) includes the name of the Company employee and employeethe Secretary; and
c. Is c) is signed by the Company Secretary 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 d) includes details of:
i. The the terms of the this Agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States e) states the day on which the IFA commencesarrangement commences and, where applicable, when the arrangement ▇▇▇▇▇▇.
12.4 20.4. The Company shall department must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 20.5. The Company department or the employee may terminate the IFAindividual flexibility arrangement:
a. By a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If b) if the Company department and employee agree in writing – — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations and an employee covered by this Agreement may agree to enter into individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) to vary the effect of terms of this Agreement if:
a. The IFA deals with one (1) or more of the following matters:
i. Arrangements about when work is performed;
ii. Overtime rates;
iii. Penalty rates;
iv. Allowances;
v. Leave loading; and
b. The arrangement meets To meet the genuine needs of the Company and employee individual Employees the Parties may agree to vary the application of this Agreement in relation to one (1) or more the following terms of the matters mentioned in paragraph (a) aboveAgreement:
a. hours of work;
b. overtime rates of pay;
c. penalty rates of pay; and
c. The IFA is d. allowances.
12.2 Any individual flexibility arrangement must be genuinely agreed to by the Company and employeethe Employee.
12.2 12.3 The Company shall must ensure that any individual flexibility arrangement agreed to must result in the Employee being better off overall than the Employee would have been if no individual flexibility arrangement were agreed to.
12.4 The Company must ensure that any individual flexibility arrangement agreed to by the Company and Employee does not require the approval, or consent by another person.
12.5 The Company must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 12.6 The Company shall ensure that the IFAindividual flexibility arrangement must be able to be terminated:
a. Is by either the Employee, or the Company, giving written notice of not more than 28 days; or
b. by the Employee and the Company at any time if they agree, in writing; and, to the termination.
b. Includes the name of the 12.7 The Company must ensure that any individual flexibility arrangement is agreed in writing and employee; and
c. Is signed by the Company and employee and the Employee; and
a. if the employee Employee is under 18 years of age, is also 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 IFA; and
ii. How the IFA 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 IFA commences.
12.4 The Company shall give the employee b. a copy of the IFA agreed individual flexibility arrangement must be provided to the Employee within 14 days after it is agreedof agreement.
12.5 The Company or employee may terminate the IFA:
a. By giving no more than 28 days written notice to the other party to the arrangement; or
b. If the Company and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 14.1 The Managing Director and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA the arrangement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave loadingremuneration; andand/or
vi. leave.
b. The the arrangement meets the genuine needs of the Company AgriFutures and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above14.1; and
c. The IFA the arrangement is genuinely agreed to by the Company Managing Director and employee.
12.2 14.2 The Company shall Managing Director must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)▇▇▇ ▇▇▇▇; and
b. Are are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)▇▇▇ ▇▇▇▇; and
c. Result result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 14.3 The Company shall Managing Director must ensure that the IFAindividual flexibility arrangement:
a. Is is in writing; and;
b. Includes includes the name of the Company employer and employee; and;
c. Is is signed by the Company Managing Director 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 includes details of:
i. The the terms of the Agreement that will be varied by the IFA; andarrangement;
ii. How how the IFA arrangement will vary the effect of the terms; and;
iii. How how the employee will be better off overall in relation to the terms and terms;
iv. conditions of his or her employment as a result of the arrangement; and
e. States states the day on which the IFA commencesarrangement commences and, where applicable, when the arrangement ▇▇▇▇▇▇.
12.4 14.4 The Company shall Managing Director must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed upon.
12.5 14.5 The Company Managing Director or employee may terminate the IFAindividual flexibility arrangement:
a. By by giving no more than 28 days days’ written notice to the other party to the arrangement; or
b. If if the Company Managing Director and employee agree in writing – writing, at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 10.1. The Company and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA a) the Agreement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave leave loading; and
b. The b) the arrangement meets the genuine needs of the Company and employee in relation to one (1) or more of the matters mentioned in paragraph subclause 10.1 (a) above); and
c. The IFA c) the arrangement is genuinely agreed to by the Company and employee.
12.2 10.2. The Company shall must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result c) result in the employee being better off overall than the employee would be have been if no IFA was arrangement had been made.
12.3 10.3. The Company shall must ensure that the IFAindividual flexibility arrangement:
a. Is a) is in writing; and
b. Includes b) includes the name of the Company and employee; and
c. Is c) is signed by the 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 d) includes details of:
i. The the terms of the Agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States e) states the day on which the IFA arrangement commences.
12.4 10.4. The Company shall must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 10.5. The Company or employee may terminate the IFAindividual flexibility arrangement:
a. By a) by giving no more than 28 days of written notice to the other party to the arrangement; or
b. If b) if the Company and employee agree agree, in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 30.1 ▇▇▇▇▇ and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (a) this Agreement deals with one (1) 1 or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company ▇▇▇▇▇ and an employee in relation to one (1) 1 or more of the matters mentioned in paragraph 30.1 (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by ▇▇▇▇▇ and the Company and employee.
12.2 The Company shall 30.2 Boral must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 The Company shall 30.3 Boral must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company employer and the employee; and
c. Is (c) is signed by the Company employer 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 (d) includes details of:
i. The the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangementarrangements; and
e. States (e) states the day on which the IFA arrangement commences.
12.4 The Company shall 30.4 Boral must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The Company 30.5 Boral or the employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if ▇▇▇▇▇ and the Company and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 48.1 Boral Recycling and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (a) the agreement deals with one (1) 1 or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave leave loading; and
b. The (b) the arrangement meets the genuine needs of Boral Recycling and the Company and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by Boral Recycling and the Company and employee.
12.2 The Company shall 48.2 Boral Recycling must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 The Company shall 48.3 Boral Recycling must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of Boral Recycling and the Company and employee; and
c. Is (c) is signed by Boral Recycling and the 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 (d) includes details of:
i. The the terms of the this Agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States (e) states the day on which the IFA arrangement commences.
12.4 The Company shall 48.4 Boral Recycling must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The Company 48.5 Boral Recycling or the employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if Boral Recycling and the Company and employee agree in writing – - at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 3.4.1. An Employer and an employee Employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA i. the agreement deals with one (1) or more of the following matters:
i. Arrangements a) arrangements about when work is performed;
ii. Overtime b) overtime rates;
iii. Penalty c) penalty rates;
iv. Allowancesd) allowances;
v. Leave e) leave loading; and
b. The ii. the arrangement meets the genuine needs of the Company Employer and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (ai) above; and
c. The IFA iii. the arrangement is genuinely agreed to by the Company Employer and employeeEmployee.
12.2 3.4.2. The Company shall Employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are i. are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are ii. are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result iii. result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 3.4.3. The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is i. is in writing; and
b. Includes ii. includes the name of the Company Employer and employeeEmployee; and
c. Is iii. is signed by the Company 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 iv. includes details of:
i. The a) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How b) how the IFA arrangement will vary the effect of the terms; and
iii. How c) 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 v. states the day on which the IFA arrangement commences.
12.4 3.4.4. The Company shall Employer must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 3.4.5. The Company Employer or employee Employee may terminate the IFAindividual flexibility arrangement:
a. By i. by giving no more than 28 days written notice to the other party to the arrangement; or
b. If ii. if the Company Employer and employee Employee agree in writing – — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 12.1. The Employer and an employee Employee covered by this Agreement agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. : The IFA agreement deals with one (1) or more of the following matters:
i. Arrangements about when work is performed;(i) annual leave,
(ii. Overtime rates;) personal leave,
(iii. Penalty rates;) parental leave,
(iv. Allowances;) compassionate leave,
v. Leave loading(v) jury service; and
b. and The arrangement meets the genuine needs of the Company Employer and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. and The IFA arrangement is genuinely agreed to by the Company Employer and employeeEmployee.
12.2 12.2. The Company shall Employer must ensure that the terms of the IFA:
a. individual flexibility arrangement: Are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. and Are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. and Result in the employee Employee being better off overall than the employee Employee would be have been if no IFA arrangement was made.
12.3 12.3. The Company shall Employer must ensure that the IFA:
a. individual flexibility arrangement: Is in writing; and
b. and Includes the name of the Company Employer and employeethe Employee; and
c. and Is signed by the Company Employer 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. and Includes details of:
i. (i) The terms of the Agreement agreement that will be varied by the IFA; arrangement and
(ii. ) How the IFA 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. and States the day on which the IFA arrangement commences.
12.4 12.4. The Company shall Employer must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 12.5. The Company Employer or employee an Employee may terminate the IFA:
a. individual flexibility arrangement: By giving no more than 28 days written notice to the other party to the arrangement; or
b. , or If the Company Employer and employee the Employee agree in writing – — at any time.
Appears in 1 contract
Sources: Greenfields Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 14.1 The Managing Director and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA the arrangement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave loadingremuneration; andand/or
vi. leave.
b. The the arrangement meets the genuine needs of the Company AgriFutures and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above14.1; and
c. The IFA the arrangement is genuinely agreed to by the Company Managing Director and employee.
12.2 14.2 The Company shall Managing Director must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)▇▇▇ ▇▇▇▇; and
b. Are are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)▇▇▇ ▇▇▇▇; and
c. Result result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 14.3 The Company shall Managing Director must ensure that the IFAindividual flexibility arrangement:
a. Is is in writing; and;
b. Includes includes the name of the Company employer and employee; and;
c. Is is signed by the Company Managing Director 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 includes details of:
i. The the terms of the Agreement that will be varied by the IFA; andarrangement;
ii. How how the IFA arrangement will vary the effect of the terms; and;
iii. How how the employee will be better off overall in relation to the terms and terms;
iv. conditions of his or her employment as a result of the arrangement; and
e. States states the day on which the IFA commencesarrangement commences and, where applicable, when the arrangement ▇▇▇▇▇▇.
12.4 14.4 The Company shall Managing Director must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed upon.
12.5 14.5 The Company Managing Director or employee may terminate the IFAindividual flexibility arrangement:
a. By by giving no more than 28 days days’ written notice to the other party to the arrangement; or
b. If if the Company Managing Director and employee agree in writing – writing, at any time.
15.1 The core business hours of AgriFutures are 08.30am to 17.00pm, Monday to Friday, during which time the AgriFutures office must be adequately staffed.
15.2 Full time employees’ hours of duty are 37.5 hours in any one week, with one hour allowed for lunch between 12.00pm and 2.00pm on each day. In the interests of an employee’s well-being an employee must not work for more than five hours continuously without a meal break of at least 30 minutes which is unpaid.
15.3 Ordinary 333within AgriFutures are 7.5 hours per day (Monday to Friday), within the bandwidth of 7.30am to 6.00pm. This is a total of 37.5 hours per week or 150 hours per four-week settlement period. An employee may, where it is reasonable to do so, be required to work more than 37.5 hours to meet the demands of the job.
15.4 Employees are allowed a 15-minute morning and afternoon tea-break each day, with such period to be considered as work time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations The employer and an employee covered by this Agreement agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA (a) the agreement deals with one (1) or more of the following matters:
i. Arrangements about when work is performed;(i) Jury service
(i) Rosters
(ii. Overtime rates;) Start and finish times
iii. Penalty rates;
iv. Allowances;
v. Leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company employer and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above; and
c. The IFA (c) the arrangement is genuinely agreed to by the Company employer and employee.
12.2 . The Company shall employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 . The Company shall employer must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; writing and
b. Includes (b) includes the name of the Company employer and employee; the employee and
c. Is (c) is signed by the Company employer and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; employee and
d. Includes (d) includes details of:
i. The (i) the terms of the Agreement agreement that will be varied by the IFA; arrangement and
(ii. How ) how the IFA arrangement will vary the effect of the terms; terms and
(iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; arrangement and
e. States (e) states the day on which the IFA arrangement commences.
12.4 . The Company shall employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreed.
12.5 agreed to. The Company employer or an employee may terminate the IFAindividual 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 Company employer and the employee agree in writing – — at any time.
Appears in 1 contract
Sources: Employee Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations (a) The Company and an employee covered by this Agreement Employee may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (i) the agreement deals with one (1) or more of the following matters:
i. Arrangements (1) arrangements about when work is performed;
ii. Overtime (2) overtime rates;
iii. Penalty (3) penalty rates;
iv. Allowances(4) allowances;
v. Leave (5) leave loading; and
b. The (ii) the arrangement meets the genuine needs of the Company and employee the Employee in relation to one (1) or more of the matters mentioned in paragraph (a) aboveclause 10(a)(i); and
c. The IFA (iii) the arrangement is genuinely agreed to by the Company and employeeEmployee.
12.2 (b) The Company shall must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (i) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (iii) result in the employee Employee being better off overall than the employee they would be if no IFA arrangement was made.
12.3 (c) The Company shall must ensure that the IFAindividual flexibility arrangement:
a. Is (i) is in writing; and
b. Includes (ii) includes the Company’s name of and the Company and employeeEmployee’s name; and
c. Is (iii) is signed by the Company and employee the Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeguardian; and
d. Includes (iv) includes details of:
i. The terms (A) the term of the this Agreement that will be varied by the IFAarrangement; and
ii. How (B) how the IFA arrangement will vary the effect of the terms; and
iii. How (C) how the employee 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 (D) states the day on which the IFA arrangement commences.
12.4 (d) The Company shall must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 (e) The Company or employee the Employee may terminate the IFAindividual flexibility arrangement:
a. By (i) by giving no more than 28 days written notice to the other party to the arrangement; orOR
b. If (ii) if the Company and employee the Employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations
(a) The Corporation and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement ifthe agreement in relation to:
a. The IFA deals with one (1i) or more An employee electing to work his/her ordinary hours of work outside the following matters:
i. Arrangements about when work is performed;
iinormal span of hours without attracting shift penalty rates. Overtime rates;
iii. Penalty rates;
iv. Allowances;
v. Leave loading; and
b. The arrangement meets must meet the genuine needs of the Company Corporation and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above; and
c. The IFA is employee, and be genuinely agreed to by the Company Corporation and the employee.
12.2 (b) The Company shall Corporation must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (i) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (iii) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 (c) The Company shall Corporation must ensure that the IFAindividual flexibility arrangement:
a. Is (i) is in writing; and
b. Includes (ii) includes the name of the Company Corporation and employee; and
c. Is (iii) is signed by the Company Corporation and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. Includes (iv) includes details of:
i. The (a) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How (b) how the IFA arrangement will vary the effect of the terms; and
iii. How (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
e. States (v) states the day on which the IFA arrangement commences.
12.4 (d) The Company shall Corporation must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 (e) The Company Corporation or the employee may terminate the IFAindividual flexibility arrangement:
a. By (i) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (ii) if the Company Corporation and the employee agree in writing – - at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 10.1. An Employer and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement arrangement (IFA)) to vary the effect of terms of this the Agreement if:
a. The IFA a) the Agreement deals with one (1) 1 or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave leave loading; and
b. The b) the arrangement meets the genuine needs of the Company Employer and employee Employee in relation to one (1) 1 or more of the matters mentioned in paragraph (a) above); and
c. The IFA c) the arrangement is genuinely agreed to by the Company Employer and employeeEmployee.
12.2 10.2. The Company shall Employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result c) result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 10.3. The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is a) is in writing; and
b. Includes b) includes the name of the Company Employer and employeeEmployee; and
c. Is c) is signed by the Company 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 d) includes details of:
i. The the terms of the Agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How 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 e) states the day on which the IFA arrangement commences.
12.4 10.4. The Company shall Employer must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 10.5. The Company Employer or employee Employee may terminate the IFAindividual flexibility arrangement:
a. By a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If b) if the Company Employer and employee Employee agree in writing – — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 45.1 The Company and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. (a) The IFA agreement deals with one (1) or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. (b) The arrangement meets the genuine needs of the Company employer and employee Employee in relation to one (1) or more of the matters mentioned in paragraph 43.1 (a).
(c) above; and
c. The IFA arrangement is genuinely agreed to by the Company and employeeEmployee.
12.2 45.2 The Company shall must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 Act;
(Cth); and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 45.3 The Company shall must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and;
b. Includes (b) includes the name of the Company and employeeEmployee; and
c. Is (c) is signed by the 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 (d) includes details of:
i. The (i) the terms of the Agreement enterprise agreement that will be varied by the IFA; andarrangement;
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) how the employee 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 (e) states the day on which the IFA arrangement commences.
12.4 45.4 The Company shall must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 45.5 The Company or employee Employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days days’ written notice to the other party to the arrangement; or
b. If (b) if the Company and employee Employee agree in writing – writing, at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 32.1 The Company and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA a) this Agreement deals with one (1) 1 or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime rates;
iii. Penalty rates;
iv. Allowances;advance payment of annual leave
v. Leave allowances
vi. leave loading; and
b. The b) the arrangement meets the genuine needs of the Company and employee an Employee in relation to one (1) 1 or more of the matters mentioned in paragraph (a) aboveclause 30.1a); and
c. The IFA c) the arrangement is genuinely agreed to by the Company and employeethe Employee.
12.2 32.2 The Company shall must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result c) result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 The d) the Company shall must ensure that the IFAindividual flexibility arrangement:
a. Is i. is in writing; and
b. Includes ii. includes the name of the Company employer and employeeEmployee; and
c. Is iii. is signed by the Company 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 iv. includes details of:
i. The a) the terms of the Agreement that will be varied by the IFAarrangement; and
ii. How b) how the IFA arrangement will vary the effect of the terms; and
iii. How c) 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 d) states the day on which the IFA arrangement commences.
12.4 The e) the Company shall must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The f) the Company or employee the Employee may terminate the IFAindividual flexibility arrangement:
a. By i. by giving no more than 28 days written notice to the other party to the arrangement; or
b. If ii. if the Company and employee the Employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 8.1 The Employer and an employee Employee covered by this Agreement may agree to enter into individual flexibility arrangements make an
(hereinafter referred to as an Individual Flexibility Agreement (IFA)a) to vary the effect of terms of this Agreement if:
a. The IFA agreement deals with one (1) or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company Employer and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (a) aboveclause 8.1(a); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company Employer and employeeEmployee.
12.2 8.2 The Company shall Employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 8.3 The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company Employer and employeeEmployee; and
c. Is (c) is signed by the Company 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 (d) includes details of:
i. The (i) the terms of the Agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) how the employee 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 (e) states the day on which the IFA arrangement commences.
12.4 8.4 The Company shall Employer must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 8.5 The Company Employer or employee Employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if the Company Employer and employee Employee agree in writing – — at any time.
Appears in 1 contract
Individual Flexibility Arrangements. 12.1 HQPlantations 14.1. An employer and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. a) The IFA agreement deals with one (1) or more of the following matters:
i. Arrangements about when work is performed;
ii. Overtime rates;
iii. Penalty rates;
iv. Allowances;
v. Leave loading; and
b. b) The arrangement meets the genuine needs of the Company employer and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. c) The IFA arrangement is genuinely agreed to by the Company employer and employee.
12.2 14.2. The Company shall employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. a) Are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. b) Are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. c) Result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 14.3. The Company shall employer must ensure that the IFAindividual flexibility arrangement:
a. a) Is in writing; and
b. b) Includes the name of the Company employer and employee; and
c. c) Is signed by the Company employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
d. d) Includes details of:
i. The terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How the IFA arrangement will vary the effect of the terms; and
iii. How the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. e) States the day on which the IFA arrangement commences.
12.4 14.4. The Company shall employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 14.5. The Company employer or employee may terminate the IFAindividual 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 Company employer and employee agree in writing – — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 37.1 The Employer and an employee covered by this Agreement Employee may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA : the Agreement deals with one (1) 1 or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. The and the arrangement meets the genuine needs of the Company Employer and employee the Employee in relation to one (1) or more of the matters mentioned in paragraph (a) above37.1(a); and
c. The IFA and the arrangement is genuinely agreed to by the Company Employer and employeethe Employee.
12.2 37.2 The Company shall Employer must ensure that the terms of the IFA:
a. Are individual flexibility arrangement: are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are and are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result and result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 37.3 The Company shall Employer must ensure that the IFA:
a. Is individual flexibility arrangement: is in writing; and
b. Includes and includes the name of the Company Employer and employeethe Employee; and
c. Is and is signed by the Company Employer 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 and includes details of:
i. The (i) the terms of the this Agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) 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 and states the day on which the IFA arrangement commences.
12.4 37.4 The Company shall Employer must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 37.5 The Company Employer or employee the Employee may terminate the IFA:
a. By individual flexibility arrangement: by giving no more than 28 days written notice to the other party to the arrangement; or
b. If or if the Company Employer and employee the Employee agree in writing – — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 66.1 WARC and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (a) the arrangement deals with one (1) or more of the following mattersfollowingmatters:
i. Arrangements (i) arrangement’s about when work is performed;,
(ii. Overtime ) overtime rates;,
(iii. Penalty ) penalty rates;,
(iv. Allowances;) allowances,
v. Leave (v) remuneration,
(vi) leave, and/or
(vii) leave loading; and.
b. The (b) the arrangement meets the genuine needs of the Company WARC and employee in relation to one (1) or more of the matters mentioned in paragraph (a), and (c) above; and
c. The IFA the arrangement is genuinely agreed to by the Company WARC and the employee.
12.2 The Company shall 66.2 WARC must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section s 172 of the Fair Work Act 2009 Act,
(Cth); and
b. Are b) are not unlawful terms under section s 194 of the Fair Work Act 2009 (Cth); Act, and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 The Company shall 66.3 WARC must ensure that the IFAindividualflexibility arrangement:
a. Is (a) is in writing; and,
b. Includes (b) includes the name of the Company employer and employee; and,
c. Is (c) is signed by the Company WARC and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and,
d. Includes (d) includes details of:
i. The (i) the terms of the this Agreement that will be varied by the IFA; andarrangement,
(ii. How ) how the IFA arrangement will vary the effect of the terms; and,
(iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; , and
e. States (iv) the day on which the IFA arrangement commences.
12.4 The Company shall 66.4 WARC must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The Company 66.5 WARC or the employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or, and
b. If (b) if the Company WARC and employee agree in writing – writing, at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 3.4.1. An Employer and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA (i) the agreement deals with one (1) or more of the following matters:
i. Arrangements (a) arrangements about when work is performed;
ii. Overtime (b) overtime rates;
iii. Penalty (c) penalty rates;
iv. Allowances(d) allowances;
v. Leave (e) leave loading; and
b. The i. the arrangement meets the genuine needs of the Company Employer and employee in relation to one (1) or more of the matters mentioned in paragraph (ai) above; and
c. The IFA ii. the arrangement is genuinely agreed to by the Company Employer and employee.
12.2 3.4.2. The Company shall Employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (i) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (iii) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 3.4.3. The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is (i) is in writing; and
b. Includes (ii) includes the name of the Company Employer and employee; and
c. Is (iii) is signed by the Company 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 (iv) includes details of:
i. The (a) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How (b) how the IFA arrangement will vary the effect of the terms; and
iii. How (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
e. States (v) states the day on which the IFA arrangement commences.
12.4 3.4.4. The Company shall Employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 3.4.5. The Company Employer or employee may terminate the IFAindividual flexibility arrangement:
a. By (i) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (ii) if the Company Employer and employee agree in writing – — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 30.1 An employer and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA (a) the agreement deals with one (1) 1 or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company employer and employee in relation to one (1) 1 or more of the matters mentioned in paragraph (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company employer and employee.
12.2 30.2 The Company shall employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 30.3 The Company shall employer must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company employer and employee; and
c. Is (c) is signed by the Company 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 (d) includes details of:
i. The (i) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States (e) states the day on which the IFA arrangement commences.
12.4 30.4 The Company shall employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 30.5 The Company employer or employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if the Company employer and employee agree in writing – writing—at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations and an employee 8.1 An Employee covered by this Agreement may request Trident to agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement arrangement (IFA)) to vary the effect of certain terms of this Agreement if:
a. The (a) the IFA deals with one (1) or more of the following matters:
i. Arrangements about when work is performed(i) Part-time employees working less than 50 hours (56 hours for Brisbane Airport) per fortnight in accordance with Clause 12.4(d);
(ii. Overtime rates) Voluntary contributions or salary sacrifice into superannuation fund in accordance with Clause 22;
(iii. Penalty rates) Shift duration in accordance with Clause 24.2;
(iv. Allowances) Minimum ten hour break in accordance with Clause 24.3;
v. Leave loading; and(v) Broken shifts in accordance with Clause 24.7;
b. The arrangement (vi) Less than seven days advance notice of roster in accordance with Clause 24.1 O;
(vii) Alternative aggregated rates in accordance with SCHEDULE C.
(b) the IFA meets the genuine needs of the Company Trident and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (a).
8.2 Trident and the Employee must have genuinely made the IFA without coercion or duress.
8.3 The IFA between Trident and the Employee must:
(a) abovebe confined to a variation in the effect of one or more of the terms listed in Clause 8.1; and
c. The IFA is genuinely agreed to by the Company and employee(b) not be made a condition of engagement.
12.2 The Company shall 8.4 Trident must ensure that the terms of the IFA:
a. Are (a) is about matters that would be permitted matters under section 172 of the Fair Work Act 2009 Act, if the IFA were an enterprise agreement.
(Cth); and
b. Are b) does not include a term that would be an unlawful terms term under section 194 of the Fair Work Act 2009 Act, if the IFA were an enterprise agreement.
(Cth); and
c. Result c) results in the employee Employee being better off overall than the employee Employee would be have been if no IFA was madewere agreed to.
12.3 The Company shall ensure that (d) must be able to be terminated by either the IFA:Employee or Trident giving not more than 28 days written notice, or at any time by written agreement between Trident and Employee.
a. Is (e) is in writing; and
b. Includes the name of the Company writing and employee; and
c. Is signed by the Company Employee and employee Employer, and if the employee Employee is under 18 years of age18, signed by a parent or guardian of the employee; andEmployee.
d. Includes details of(f) is copied and given to the Employee as soon as practicable, but no later than 14 days after it is agreed to.
(g) is retained by Trident as part of a time and wages record.
8.5 The IFA between Trident and the Employee must also:
i. The terms (a) state each term of the this Agreement that will be varied by Trident and the IFA; and
ii. How the IFA will Employee have agreed to vary the effect of;
(b) detail how the application of each term has been varied;
(c) detail how the terms; and
iii. How IFA results in the employee will be Employee being better off overall in relation to the Employee's terms and conditions of his or her employment as a result of employment;
(d) state the arrangementdate the IFA commences to operate; and
e. States (e) be recorded on the day on which the IFA commencesstandard template provided as Appendix 1 to this Agreement.
12.4 The Company shall give the employee a copy of the IFA within 14 days after it is agreed.
12.5 The Company or employee may terminate the IFA:
a. By giving no more than 28 days written notice to the other party to the arrangement; or
b. If the Company and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 8.1 The Employer and an employee covered by this Enterprise Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement if:
a. The IFA (a) the agreement deals with one (1) or more of the following matters:
i. Arrangements i) arrangements about when work is performed;
ii. Overtime ) overtime rates;
iii. Penalty ) penalty rates;
iv. Allowances) allowances;
v. Leave v) leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company Employer and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above8.1(a); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company Employer and employee.
12.2 8.2 The Company shall Employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 8.3 The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company Employer and employee; and
c. Is (c) is signed by the Company 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 (d) includes details of:
i. The i) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How ) how the IFA arrangement will vary the effect of the terms; and
iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
e. States (e) states the day on which the IFA arrangement commences.
12.4 8.4 The Company shall Employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 8.5 The Company Employer or employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if the Company Employer and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 8.1 ASIC and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement if:
a. The IFA (a) the arrangement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave loadingremuneration; and/or
vi. leave; and
b. The (b) the arrangement meets the genuine needs of ASIC and the Company and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by ASIC and the Company and employee.
12.2 The Company shall 8.2 ASIC must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)FW Act; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)FW Act; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 The Company shall 8.3 ASIC must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company employer and employee; and
c. Is (c) is signed by ASIC and the 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 (d) includes details of:
i. The the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States (e) states the day on which the IFA arrangement commences, and where applicable, when the arrangement ▇▇▇▇▇▇.
12.4 The Company shall 8.4 ASIC must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The Company 8.5 ASIC or the employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If the Company (b) if ASIC and employee agree in writing – — at any time.
8.6 ASIC and the employee are to review the individual flexibility arrangement at least every 12 months.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations (a) An Employer and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (i) the agreement deals with one (1) or more of the following matters:
i. Arrangements (1) arrangements about when work is performed;
ii. Overtime (2) overtime rates;
iii. Penalty (3) penalty rates;
iv. Allowances(4) allowances;
v. Leave (5) leave loading; and
b. The (ii) the arrangement meets the genuine needs of the Company Employer and employee in relation to one (1) or more of the matters mentioned in paragraph (a) abovesubclause 46(a)(i); and
c. The IFA is (iii) the Employer and the individual employee must have genuinely agreed to by made the Company and employeeagreement without coercion or duress.
12.2 (b) The Company shall Employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (i) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (iii) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 (c) The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is (i) is in writing; and
b. Includes (ii) includes the name of the Company Employer and employee; and
c. Is (iii) is signed by the Company 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 (iv) includes details of:
i. The (1) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How (2) how the IFA arrangement will vary the effect of the terms; and
iii. How (3) 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 (v) states the day on which the IFA arrangement commences.
12.4 (d) The Company shall Employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 (e) The Company Employer or employee may terminate the IFAindividual flexibility arrangement:
a. By (i) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If the Company and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 56.1 An employer and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA a) the agreement deals with one (1) 1 or more of the following matters:
i. Arrangements i) arrangements about when work is performed;
ii. Overtime ) overtime rates, in so far as they are affected by a variation made in relation to (i);
iii. Penalty ) penalty rates, in so far as they are affected by a variation made in relation to (i);
iv. Allowances;
v. Leave loading; and
b. The b) the arrangement meets the genuine needs of the Company employer and employee in relation to one (1) 1 or more of the matters mentioned in paragraph (a) above); and
c. The IFA c) the arrangement is genuinely agreed to by the Company employer and employee.
12.2 56.2 The Company shall employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 56.3 The Company shall employer must ensure that the IFAindividual flexibility arrangement:
a. Is a) is in writing; and
b. Includes b) includes the name of the Company employer and employee; and
c. Is c) is signed by the Company 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 d) includes details of:
i. The i) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How ) how the IFA arrangement will vary the effect of the terms; and
iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States e) states the day on which the IFA arrangement commences.
12.4 56.4 The Company shall employer will ensure that the arrangement does not financially disadvantage other employees or a group of employees.
56.5 Flexibility arrangements will only be entered into with employees with less than 6 months’ service upon the request of such an employee.
56.6 An employee is entitled to have a nominated representative present for flexibility discussions if they desire.
56.7 The employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 56.8 The Company employer or employee may terminate the IFAindividual flexibility arrangement:
a. By a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If b) if the Company employer and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Bargaining Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 10.1.1 Boral and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (a) this Agreement deals with one (1) 1 or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. The (b) the arrangement meets the genuine needs of Boral and the Company and employee in relation to one (1) 1 or more of the matters mentioned in paragraph clause 10.1.1 (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by Boral and the Company and employee.
12.2 The Company shall 10.1.2 Boral must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 The Company shall 10.1.3 Boral must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of Boral and the Company and employee; and
c. Is (c) is signed by Boral and the 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 (d) includes details of:
i. The (i) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States (e) states the day on which the IFA arrangement commences.
12.4 The Company shall 10.1.4 Boral must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The Company 10.1.5 Boral or the employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if Boral and the Company and employee agree in writing – — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 1.8.1 Y Schools Queensland and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA the individual flexibility arrangement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave leave loading; and
b. The the individual flexibility arrangement meets the genuine needs of the Company Employer and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. The IFA the arrangement is genuinely agreed to by the Company Employer and employeeEmployee.
12.2 1.8.2 The Company shall Employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 1.8.3 The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is is in writing; and
b. Includes includes the name of the Company Employer and employeeEmployee; and
c. Is is signed by the Company 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 includes details of:
i. The the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How 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 iv. states the day on which the IFA arrangement commences.
12.4 1.8.4 The Company shall Employer must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreed.
12.5 The Company or employee may terminate the IFA:
a. By giving no more than 28 days written notice to the other party to the arrangement; or
b. If the Company and employee agree in writing – at any time.fourteen
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 2.7.1 The employer and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (a) the agreement deals with one (1) or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances;) allowances; and/or
v. Leave (v) leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company employer and employee in relation to one (1) or more of the matters mentioned in paragraph subclause (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company employer and employee, without coercion or duress.
12.2 2.7.2 An individual flexibility arrangement must be initiated by the employee and will only be considered in exceptional circumstances to accommodate family and/or personal circumstances.
2.7.3 The Company shall employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and.
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 2.7.4 The Company shall employer must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company employer and employee; and
c. Is (c) is signed by the Company 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 (d) includes details of:
i. The (i) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the arrangement; and
e. States (e) states the day on which the IFA arrangement commences.
12.4 2.7.5 Except as provided in clause 2.7.4(c), the agreement must not require the approval or consent of a person other than the employer and the employee.
2.7.6 The Company shall employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to and keep the agreement as a time and wages record.
12.5 2.7.7 The Company employer or employee may terminate the IFAindividual flexibility arrangement:
a. By (a) at any time, by written agreement between the employer and the employee; or
(b) by giving no more than 28 days days’ written notice to the other party to the arrangement; or
b. If arrangement and the Company and employee agree in writing – agreement ceasing to operate at any timethe end of the notice period.
Appears in 1 contract
Sources: The Salvation Army Barrington Lodge Nurses Agreement 2023
Individual Flexibility Arrangements. 12.1 HQPlantations (a) The Company and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect application of certain terms of this Agreement ifto meet the genuine individual needs of the Company and the individual Employee.
(b) The terms the Company and the individual Employee may agree to vary the application of are those concerning:
a. The IFA deals with one (1i) or more of the following matters:
i. Arrangements arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances;
v. Leave loading) allowances; and
b. (v) leave loading
(c) The arrangement meets the genuine needs of the Company and employee in relation to one (1) the individual Employee must have genuinely made the agreement without coercion or more of the matters mentioned in paragraph (a) above; and
c. The IFA is genuinely agreed to by the Company and employeeduress.
12.2 (d) The Company shall must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (i) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (iii) result in the employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 (e) The Company shall must ensure that the IFAindividual flexibility arrangement:
a. Is (i) is in writing; and
b. Includes (ii) includes the name of the Company and employeeEmployee; and
c. Is (iii) is signed by the 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 (iv) includes details of:
i. The : • the terms of the Agreement that will be varied by the IFAarrangement; and
ii. How and • how the IFA arrangement will vary the effect of the terms; and
iii. How and • how the employee 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 (v) states the day on which the IFA arrangement commences.
12.4 (f) The Company shall must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 (g) The Company or employee Employee may terminate the IFAindividual flexibility arrangement:
a. By (i) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (ii) if the Company and employee Employee agree in writing – — at any time.
(h) An Employee is entitled to be represented in relation to the making of an individual flexibility arrangement under this clause. Where the Company intends to reach any individual flexibility arrangement under this Agreement, and the Employee requests, the Company must inform the MEAA in writing of the Company’s intent to enter such an arrangement and the proposed terms and effects of that arrangement. For the avoidance of doubt, informing the MEAA under this clause does not require that the MEAA approve or consent to the individual flexibility arrangement.
(i) Entering into an individual flexibility arrangement must not be made a condition of employment for any prospective Employee.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 3.4.1 The employer and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA (a) the agreement deals with one (1) 1 or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company employer and employee in relation to one (1) 1 or more of the matters mentioned in paragraph (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company employer and employee.
12.2 3.4.2 The Company shall employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)▇▇▇ ▇▇▇▇; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)▇▇▇ ▇▇▇▇; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 3.4.3 The Company shall employer must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company employer and employee; and
c. Is (c) is signed by the Company 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 (d) includes details of:
i. The (i) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States (e) states the day on which the IFA arrangement commences.
12.4 3.4.4 The Company shall employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 3.4.5 The Company employer or employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if the Company employer and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations (a) The Company and an employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA (i) the Agreement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;.
(ii. Overtime rates;
iii. Penalty rates;
iv. Allowances;
v. Leave loading; and
b. The ) the arrangement meets the genuine needs of the Company and employee in relation to one (1) or more of the matters mentioned in paragraph (a) abovei); and
c. The IFA (iii) the arrangement is genuinely agreed to by the Company and employee.
12.2 (b) The Company shall must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (i) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are (ii) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and,
c. Result (iii) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 (c) The Company shall must ensure that the IFAindividual flexibility arrangement:
a. Is (i) is in writing; and
b. Includes (ii) includes the name of the Company and employee; and
c. Is (iii) is signed by the 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 (iv) includes details of:
i. The (A) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How (B) how the IFA arrangement will vary the effect of the terms; and
iii. How (C) 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 (v) states the day on which the IFA arrangement commences.
12.4 (d) The Company shall must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 (e) The Company or employee may terminate the IFAindividual flexibility arrangement:
a. By (i) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (ii) if the Company and employee agree agree, in writing – writing, at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 7.1 The Company and an employee covered by this Agreement individual Employee may agree to enter into individual flexibility arrangements (hereinafter referred to as make an Individual Flexibility Agreement Arrangement (IFA)) to vary the effect of terms of this Agreement if:
a. (a) The IFA agreement deals with one (1) or more of the following matters:
i. Arrangements about when work is performed;
ii. Overtime rates;
iii. Penalty rates;
iv. Allowances;
v. Leave loading; and
b. (b) The arrangement meets the genuine needs of the Company and employee the Employee in relation to one (1) or more of the matters mentioned in paragraph (a);
(c) above; and
c. The IFA arrangement is genuinely agreed to by the Company and employeethe Employee.
12.2 7.2 The Company shall must ensure that the terms of the IFAIndividual Flexibility Arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result (c) result in the employee Employee being better off overall than the employee they would be if no IFA arrangement was made.
12.3 7.3 The Company shall must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the Company's name of and the Company and employeeEmployee's name; and
c. Is (c) is signed by the 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 (d) includes details of:
i. The the terms of the this Agreement that will be varied by the IFAarrangement; and
ii. How how the IFA 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 their employment as a result of the arrangement; anda
e. States iii. states the day on which the IFA arrangement commences.
12.4 7.4 The Company shall must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 7.5 The Company or employee the Employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if the Company and employee the Employee agree in writing – writing- at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations An employer and an employee covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA (a) the agreement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company employer and employee in relation to one (1) 1 or more of the matters mentioned in paragraph (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company employer and employee.
12.2 . The Company shall employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 . The Company shall employer must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company employer and employee; and
c. Is (c) is signed by the Company 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 (d) includes details of:
i. The the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States (e) states the day on which the IFA arrangement commences.
12.4 . The Company shall employer must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreed.
12.5 agreed to. The Company employer or employee may terminate the IFA:
a. By individual flexibility arrangement by giving no more than 28 days written notice to the other party to the arrangement; or
b. If or if the Company employer and employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 8.1. The Employer and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA a) the Individual Flexibility Arrangement deals with one (1) or more of the following matters:
i. Arrangements a) arrangements about when work is performed;
ii. Overtime b) overtime rates;
iii. Penalty c) penalty rates;
iv. Allowancesd) allowances;
v. Leave e) leave loading; and
b. The b) the arrangement meets the genuine needs of the Company Employer and employee an Employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. The IFA c) the arrangement is genuinely agreed to by the Company Employer and employeean Employee.
12.2 8.2. The Company shall Employer must ensure that the terms of the IFAIndividual Flexibility Arrangement:
a. Are a) are about permitted matters under section Section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result c) result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 8.3. The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is a) is in writing; and
b. Includes b) includes the name of the Company Employer and employeean Employee; and
c. Is c) is signed by the Company Employer 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 d) includes details of:
i. The a) the terms of the Agreement that will be varied by the IFAarrangement; and
ii. How b) how the IFA arrangement will vary the effect of the terms; and
iii. How c) how the employee 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. e) States the day on which the IFA arrangement commences.
12.4 8.4. The Company shall Employer must give the employee Employee a copy of the IFA Individual Flexibility Arrangement within 14 days after it is agreedagreed to.
12.5 8.5. The Company Employer or employee an Employee may terminate the IFAindividual 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 Company Employer and employee an Employee agree in writing – - at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 11.1. An Employer and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA (a) the agreement deals with one (1) 1 or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. The (b) the arrangement meets the genuine needs of the Company Employer and employee Employee in relation to one (1) 1 or more of the matters mentioned in paragraph (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company Employer and employeeEmployee.
12.2 11.2. The Company shall Employer must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)Act; and
b. Are (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 11.3. The Company shall Employer must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and
b. Includes (b) includes the name of the Company Employer and employeeEmployee; and
c. Is (c) is signed by the Company 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 (d) includes details of:
i. The (i) the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) 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 (iv) states the day on which the IFA arrangement commences.
12.4 11.4. The Company shall Employer must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 11.5. The Company Employer or employee Employee may terminate the IFAindividual flexibility arrangement:
a. By (a) by giving no more than 28 days written notice to the other party to the arrangement; or
b. If (b) if the Company Employer and employee Employee agree in writing – — at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 28.1 The Company and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement if:
a. The IFA (a) the agreement deals with one (1) or more of the following matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty ) penalty rates;
(iv. Allowances;
v. Leave loading) allowances; and
b. The (v) leave loading;
(b) the arrangement meets the genuine needs of the Company and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. The IFA (c) the arrangement is genuinely agreed to by the Company and employeeEmployee.
12.2 28.2 The Company shall must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 Act;
(Cth); and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 28.3 The Company shall must ensure that the IFAindividual flexibility arrangement:
a. Is (a) is in writing; and;
b. Includes (b) includes the name of the Company and employee; andEmployee;
c. Is (c) is signed by the Company and employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee (but otherwise, the arrangement must not require the approval or consent of any other person); and
d. Includes (d) includes details of:
i. The (i) the terms of the this Agreement that will be varied by the IFA; andarrangement;
(ii. How ) how the IFA arrangement will vary the effect of the terms; and;
(iii. How ) 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 (iv) states the day on which the IFA arrangement commences.
12.4 28.4 The Company shall must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 fourteen (14) calendar days after it is agreedagreed to.
12.5 28.5 The Company or employee Employee may terminate the IFAindividual flexibility arrangement:
a. By giving no more than 28 days written notice to the other party to the arrangement; or
b. If the Company and employee agree in writing – at any time.
Appears in 1 contract
Sources: Employee Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 2.1 TALS and an employee its Employees covered by this Agreement enterprise agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this Agreement the agreement if:
a. The IFA the agreement deals with one (1) or more of the following matters:
i. Arrangements arrangements about when work is performed;
ii. Overtime overtime rates;
iii. Penalty penalty rates;
iv. Allowancesallowances;
v. Leave leave loading; and
b. The the arrangement meets the genuine needs of TALS and the Company and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. The IFA the arrangement is genuinely agreed to by ▇▇▇▇ and the Company and employeeEmployee.
12.2 The Company shall 2.2 TALS will ensure that the terms of the IFAindividual flexibility arrangement:
a. Are are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)2009; and
b. Are are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)2009; and
c. Result result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 The Company shall 2.3 TALS will ensure that the IFAindividual flexibility arrangement:
a. Is is in writing; and
b. Includes includes the name of TALS and the Company and employeeEmployee; and
c. Is is signed by TALS and the 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 the terms of the Agreement enterprise agreement that will be varied by the IFAarrangement; and
ii. How how the IFA arrangement will vary the effect of the terms; and
iii. How how the employee 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 iv. states the day on which the IFA arrangement commences.
12.4 The Company shall 2.4 TALS will give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 The Company 2.5 TALS or employee the Employee may terminate the IFAindividual flexibility arrangement:
a. By by giving no not more than 28 days written notice to the other party to the arrangement; or
b. If the Company if TALS and employee Employee agree in writing – — at any time.
2.6 Process for requesting individual flexibility arrangement:
a. formalise their request in writing, stating the reason for the flexibility arrangement they are seeking;
b. the Employee forwards their written request to TALS CEO;
c. TALS CEO will acknowledge receipt of the request within three working days;
d. TALS will provide the Employee with a written response to an employee request within 14 days of receiving a written request, stating whether the request was granted or refused and the details of the reasons where the request was refused. Where the Employee’s request for a change in their working arrangements is urgent, TALS will provide the Employee with a response as soon as reasonably practicable.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 52.1 The Company and an employee covered by this Agreement may can agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of the terms of this Agreement ifenterprise agreement and/or the Award concerning:
a. The IFA deals with one (1a) or more of the following matters:
i. Arrangements about arrangements for when work is performed;
ii. Overtime (b) overtime rates;
iii. Penalty (c) penalty rates;
iv. Allowances(d) allowances;
v. Leave (e) leave loading;
(f) public holidays;
(g) make up time; andand/or
b. (h) time off in lieu of overtime and public holiday penalties.
52.2 The arrangement meets must meet the genuine needs of the Company and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above; andemployee.
c. 52.3 The IFA is arrangement must be genuinely agreed to by the Company and the employee.
12.2 52.4 The arrangement must not provide for the employee to be remunerated on an annualised wage basis.
52.5 The Company shall will ensure that the terms of the IFA:
a. Are individual flexibility arrangement are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and
b. Are FW Act, are not unlawful terms under section 194 of the Fair Work FW Act 2009 (Cth); and
c. Result and result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 52.6 The Company shall ensure that the IFAindividual flexibility arrangement must:
a. Is (a) be in writing; and
b. Includes (b) include the name of the Company and employee; and
c. Is (c) be 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
d. Includes (d) include details of:
i. The of the terms of the Agreement enterprise agreement that will be varied by the IFA; and
ii. How arrangement, how the IFA arrangement will vary the effect of the terms; and
iii. How terms and how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States (e) state the day on which the IFA arrangement commences.
12.4 52.7 The Company shall must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 52.8 The Company or the employee may terminate the IFA:
a. By individual flexibility arrangement by giving no more less than 28 days days’ written notice to the other party to the arrangement; or
b. If . The arrangement may be terminated with less than 28 days’ notice if both the Company and employee agree in writing – writing.
52.9 Where the Company and an employee intend to make any individual flexibility arrangement in accordance with this clause 52, the Company must inform in writing, the Unions of the parties’ intent to enter into such an arrangement, at least seven days prior to the date on which the arrangement is proposed to come into effect. When informing the Unions of such, the Company must include the details of the term(s) of the Agreement and/or the Award that are proposed to be varied, and the classification of the employee who is proposed to be a party to such an arrangement, but must not disclose the name of any timesuch employee without the consent of that employee.
52.10 For the avoidance of doubt, the requirement for the Company to inform the Unions in accordance with sub-clause 52.9 does not mean that the Unions must approve or consent to the individual flexibility arrangement.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 23.1 NDNS and an employee covered by this Agreement may agree in writing, to enter into an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of the terms of this Agreement if:Agreement.
a. 23.2 The IFA deals with individual flexibility arrangement must meet the genuine needs of NDNS and the employee in relation to one (1) or more of the following matters:
i. (a) Arrangements about when work is performed;,
ii. (b) Overtime rates;
iii. (c) Penalty rates;
iv. Allowances;(d) Allowances (to the extent that such allowances are covered under this Agreement); or
v. (e) Leave loading; andloading (to the extent that such loading is covered under this Agreement).
b. 23.3 The individual flexibility arrangement meets the genuine needs of the Company and employee in relation to one (1) or more of the matters mentioned in paragraph (a) above; and
c. The IFA is must be genuinely agreed to by NDNS and the Company and employee.
12.2 The Company shall 23.4 NDNS must ensure that the terms of the IFAindividual flexibility arrangement:
a. Are (a) are about permitted matters under section 172 of the Fair Work Act 2009 Act;
(Cth); and
b. Are b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)Act; and
c. Result (c) result in the employee being better off overall than the employee would be if no IFA arrangement was made.
12.3 23.5 The Company shall ensure that the IFAindividual flexibility arrangement must:
a. Is (a) be in writing;
(b) include the name of NDNS and the employee;
(c) identify the terms of this Agreement that will be varied;
(d) explain how the arrangement will vary the effect of this Agreement;
(e) state how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement;
(f) indicate the day of which the arrangement is to come into effect; and
b. Includes the name of the Company and employee; and
c. Is (g) be signed by the Company employee and employee an authorised representative of NDNS 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 IFA; and
ii. How the IFA 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 IFA commences.
12.4 The Company shall 23.6 NDNS will give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 (a) The Company individual flexibility arrangement may be terminated by NDNS or employee may terminate the IFAemployee:
a. By (i) by giving the other party no more than 28 twenty-eight (28) days written notice to the other party to the arrangementnotice; or
b. If (ii) at any time if both NDNS and the Company and employee agree in writing – at any timewriting.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility Arrangements. 12.1 HQPlantations 2.5.1 An Employer and an employee Employee covered by this Agreement may agree to enter into make an individual flexibility arrangements (hereinafter referred to as an Individual Flexibility Agreement (IFA)) arrangement to vary the effect of terms of this the Agreement if:
a. The IFA : the arrangement deals with one (1) or more of the following matters:matters:
i. Arrangements (i) arrangements about when work is performed;
(ii. Overtime ) overtime rates;
(iii. Penalty rates) loadings;
(iv. Allowances) allowances;
v. Leave (v) leave loading; and
b. The and the arrangement meets the genuine needs of the Company Employer and employee Employee in relation to one (1) or more of the matters mentioned in paragraph (a) above); and
c. The IFA and the arrangement is genuinely agreed to by the Company Employer and employeeEmployee.
12.2 2.5.2 The Company shall Employer must ensure that the terms of the IFA:
a. Are individual flexibility arrangement: are about permitted matters under section 172 of the Fair Work Act 2009 (Cth)FW Act; and
b. Are and are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth)FW Act; and
c. Result and result in the employee Employee being better off overall than the employee Employee would be if no IFA arrangement was made.
12.3 2.5.3 The Company shall Employer must ensure that the IFA:
a. Is individual flexibility arrangement: is in writing; and
b. Includes and includes the name of the Company Employer and employeeEmployee; and
c. Is and is signed by the Company 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 and includes details of:
i. The (i) the terms of the Agreement that will be varied by the IFAarrangement; and
(ii. How ) how the IFA arrangement will vary the effect of the terms; and
(iii. How ) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
e. States and states the day on which the IFA arrangement commences.
12.4 2.5.4 The Company shall Employer must give the employee Employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreedagreed to.
12.5 2.5.5 The Company Employer or employee Employee may terminate the IFA:
a. By individual flexibility arrangement: by giving no more than 28 days written notice to the other party to the arrangement; or
b. If or if the Company Employer and employee Employee agree in writing – at any time.time.
Appears in 1 contract
Sources: Enterprise Agreement