Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed. b) overtime rates. c) penalty rates. d) allowances; and e) leave loading. 11.2 The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act. b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 The Company must ensure that the IFA: a) is in writing. b) includes the name of the Company and the Employee. c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee. e) includes details of: i. the terms of this Agreement that will be varied by the IFA. ii. how the IFA will vary the effect of the terms. 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 IFA; and iv. states the day on which the IFA commences. 11.4 The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. the terms of this Agreement that will be varied by the IFA.; ii. how the IFA will vary the effect of the terms.; 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 IFA; and iv. states the day on which the IFA commences. 11.4 The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or or b) at any time if the Company and Employee agree in writing.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order to meet 28.1. Purpose and scope of the parties’ genuine needs, agreement An Employee and the Company and an Employee must genuinely may agree in writing to make an individual flexibility arrangement (IFA) to vary the effect of the terms of this Agreement in relation to if: (a) the IFA deals with one or more of the following matters: a(i) arrangements about when work is performed.; b(ii) overtime rates.; c(iii) penalty rates.; d(iv) allowances; andor e(v) leave loading; (b) the IFA meets the genuine needs of the Company and the Employee in relation to one or more the matters mentioned in clause 28.1; and (c) the arrangement is genuinely agreed to by the Company and Employee. 11.2 28.2. Essential elements of the arrangement The Company must ensure that the terms of the IFA: (a) are about permitted matters under s.172 section 172 of the FW Act.; and (b) are not unlawful terms under s.194 section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 28.3. Form of the arrangement (a) The Company must ensure that the IFA: a(i) is in writing.; and b(ii) includes the name of the Company and the Employee.; and c(iii) is signed by the Company Employee (and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.) and an authorised representative of the Company; and e(iv) includes details of: i. (A) the terms of this Agreement that will be varied by the IFA.; and ii. (B) how the IFA will vary the effect of the terms.this Agreement; and iii. (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 IFAarrangement; and iv. (v) states the day on which the IFA arrangement commences. 11.4 28.4. Delivery of the IFA document The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 28.5. Termination of the agreement The IFA may be terminated by the Company or Employee may terminate the IFAEmployee: a(d) by giving the other party no more than 28 days written notice to the other party to the IFA; or bor (e) at any time time, if both the Company and Employee the employee agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 11.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 11.2. The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 11.3. The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. f) the terms of this Agreement that will be varied by the IFA.; ii. g) how the IFA will vary the effect of the terms.; iii. h) 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 IFA; and iv. i) states the day on which the IFA commences. 11.4 11.4. The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 11.5. The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 11.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 11.2. The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 11.3. The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. i) the terms of this Agreement that will be varied by the IFA.; ii. ) how the IFA will vary the effect of the terms.; 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 IFA; and iv. f) states the day on which the IFA commences. 11.4 11.4. The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 11.5. The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order 9.1 This clause constitutes the flexibility term referred to meet in section 202 of the parties’ genuine needs, the Company Fair Work Act. 9.2 An employer and an Employee must genuinely employee covered by this enterprise agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one the agreement if: (a) the agreement deals with 1 or more of the following matters: a(i) arrangements about when work is performed.; b(ii) overtime rates.; c(iii) penalty rates.; d(iv) allowances; andor e(v) leave loading; (b) the arrangement meets the genuine needs of ▇▇▇▇▇▇▇ and the employee in relation to 1 or more of the matters mentioned in paragraph 9.2(a); and (c) the arrangement is genuinely agreed to by ▇▇▇▇▇▇▇ and the employee. 11.2 The Company 9.3 ▇▇▇▇▇▇▇ must ensure that the terms of the IFAindividual flexibility arrangement: (a) are about permitted matters under s.172 section 172 of the FW Act.; (b) are not unlawful terms under s.194 section 194 of the FW Act; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 11.3 The Company 9.4 Menzies must ensure that the IFAindividual flexibility arrangement: (a) is Is in writing.; and (b) includes the name of the Company ▇▇▇▇▇▇▇ and the Employee.employee; and (c) is signed by the Company ▇▇▇▇▇▇▇ and the Employee; and d) employee and if the Employee employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.employee; and e(d) includes details of: i. (i) the terms of this Agreement that which 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 IFAarrangement; and iv. (e) states the day on which the IFA arrangement commences. 11.4 The Company 9.5 ▇▇▇▇▇▇▇ must give the Employee employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreed to. 11.5 The Company 9.6 Menzies or Employee the employee may terminate the IFAindividual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the IFAarrangement; or or (b) if ▇▇▇▇▇▇▇ and the employee agree in writing - at any time if the Company and Employee agree in writingtime.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 12.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one (1) or more of the following matters: a) : arrangements about when work is performed. b) ; overtime rates. c) ; penalty rates. d) ; allowances; and e) and leave loading. 11.2 12.2. The Company must ensure that the terms of the IFA: a) : are about permitted matters under s.172 section 172 of the FW Act. b) ; are not unlawful terms under s.194 section 194 of the FW Act; and c) and result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 12.3. The Company must ensure that the IFA: a) : is in writing. b) ; includes the name of the Company and the Employee. c) ; is signed by the Company and the Employee; and d) and if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee. e) ; includes details of: i. (i) the terms of this Agreement that will be varied by the IFA.; (ii. ) how the IFA will vary the effect of the terms.; (iii. ) how the Employee will be better off overall in relation to the terms and conditions of his or her their employment as a result of the IFA; and (iv. ) states the day on which the IFA commences. 11.4 12.4. The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 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 IFA; or b) at any time if the Company and Employee agree in writing.

Appears in 1 contract

Sources: Maintenance Enterprise Agreement

Individual Flexibility Arrangements. 11.1 11.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 11.2. The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 11.3. The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. I. the terms of this Agreement that will be varied by the IFA.; iiII. how the IFA will vary the effect of the terms.; iiiIII. 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 IFA; and ivIV. states the day on which the IFA commences. 11.4 11.4. The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 11.5. The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order 26.1 Subject to meet the parties’ genuine needs, FW Act the Company Employer and an Employee must genuinely covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of this Agreement in relation to one if: (a) the agreement deals with 1 or more of the following matters: a(i) arrangements about when work is performed.; b(ii) overtime rates.; c(iii) penalty rates.; d(iv) allowances; and; e(v) leave loading; nad (b) the IFA meets the genuine needs of the Employer and the Employee in relation to 1 or more of the matters mentioned in paragraph (a). 11.2 (c) the IFA must be genuinely agreed to by the Employer and the Employee. 26.2 The Company Employer must ensure that the terms of the IFA: (a) are about permitted matters under s.172 section 172 of the FW Act.; (b) are not unlawful terms term under s.194 section 194 of the FW Act; and (c) result results in the Employee being better off overall than the Employee would be if no arrangement was IFA were made.; 11.3 26.3 The Company Employer must ensure that the IFA: (a) is in writing.; and (b) includes the name of the Company Employer and the Employee.; and (c) is signed by the Company Employer and the Employee; and d) Employee (and if the Employee is under 18 years of age, the IFA is signed age by the Company, the Employee, and a parent or guardian of the Employee.); and e(d) includes details of: i. the (i) The terms of this the Agreement that will be varied by the IFA.; (ii. how ) How the IFA will vary the effect of the terms terms.; (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 IFA; and (iv. states ) State the day date on which the IFA commences. 11.4 26.4 The Company Employer must give the Employee a copy of the IFA within 14 days after it is agreed toagreed. 11.5 26.5 The Company Employer or the Employee may terminate the IFA: (a) by either the Employer or the Employee giving no more than 28 days written notice to the other party to the IFA; or or (b) at any time if the Company Employer and Employee agree in writingwriting — at any time.

Appears in 1 contract

Sources: Mining Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order to meet 7.1 An Employee and the parties’ genuine needs, the Company and an Employee must genuinely Employer may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms any term of this Agreement if: (a) the arrangement does not alter any NES-derived entitlement in relation to one or more a manner not permitted by law; (b) the arrangement meets the genuine needs of the following matters: a) arrangements about when work is performed. b) overtime rates. c) penalty rates. d) allowancesEmployer and the Employee; and e(c) leave loadingthe arrangement is genuinely agreed to by the Employer and Employee. 11.2 7.2 The Company Employer must ensure that the terms of the IFA: (a) are about permitted matters under s.172 section 172 of the FW Act.; (b) are not unlawful terms under s.194 section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement IFA was made. 11.3 7.3 The Company Employer must ensure that the IFA: (a) is in writing.; (b) includes states the name of the Company Employer and the Employee.; and (c) is signed by the Company Employer and the Employee; Employee (and d) , if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.employee); and e(d) includes details ofwhich confirm: i. (i) the terms of this Agreement that will be varied by the IFA.; (ii. ) how the IFA arrangement will vary the effect of the terms.; (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 IFAarrangement; and (iv. states ) the day on which the IFA arrangement commences. 11.4 7.4 The Company Employer must give provide the Employee with a copy of the IFA within 14 days after it at the time the IFA is agreed toand signed. 11.5 The Company 7.5 An Employer or Employee may terminate the an IFA: (a) by giving no more than 28 days days’ written notice to the other party to the IFA; or or (b) at any time time, if the Company and Employee both parties agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 11.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 11.2. The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 11.3. The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. i) the terms of this Agreement that will be varied by the IFA.; ii. ) how the IFA will vary the effect of the terms.; 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 IFA; and iv. states f) state the day on which the IFA commences. 11.4 11.4. The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 11.5. The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order 30.1 Subject to meet the parties’ genuine needs, FW Act the Company Employer and an Employee must genuinely covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary modify the effect application of terms of this Agreement in relation that relate to one or more terms and conditions of employment if: (a) the IFA meets the genuine needs of the following matters: a) arrangements about when work is performedEmployer and the Employee. (b) overtime ratesthe IFA must be genuinely agreed to by the Employer and the Employee. c) penalty rates. d) allowances; and e) leave loading. 11.2 30.2 The Company Employer must ensure that the terms of the IFA: (a) are about permitted matters under s.172 section one hundred and seventy-two (172) of the FW Act.; (b) are not unlawful terms term under s.194 section one hundred and ninety-four (194) of the FW Act; and (c) result results in the Employee being better off overall than the Employee would be if no arrangement was IFA were made.; 11.3 30.3 The Company must ensure that the IFA: (a) is in writing.; and (b) includes the name of the Company Employer and the Employee.; and (c) is signed by the Company Employer and the Employee; and d) Employee (and if the Employee is under 18 years of age, the IFA is signed age by the Company, the Employee, and a parent or guardian of the Employee.); and e(d) includes details of: i. (i) Application of the terms of this the Agreement that will be varied modified by the IFA.; (ii. how ) How the IFA will vary modify the effect application of the terms.; (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 IFA; and (iv. states ) State the day date on which the IFA commences. 11.4 30.4 The Company Employer must give the Employee a copy of the IFA within 14 fourteen (14) days after it is agreed toagreed. 11.5 30.5 The Company Employer or the Employee may terminate the IFA: (a) by either the Employer or the Employee giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.twenty-eight

Appears in 1 contract

Sources: National Reinforcing Enterprise Agreement

Individual Flexibility Arrangements. 11.1 11.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 11.2. The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 11.3. The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. : i the terms of this Agreement that will be varied by the IFA. ii. ; ii how the IFA will vary the effect of the terms. 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 IFA; and iv. states the day on which the IFA commences. 11.4 The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.;

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 11.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 11.2. The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 11.3. The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. f) the terms of this Agreement that will be varied by the IFA.; ii. g) how the IFA will vary the effect of the terms.; iii. h) 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 IFA; and iv. i) states the day on which the IFA commences. 11.4 11.4. The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 11.5. The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. the terms of this Agreement that will be varied by the IFA.; ii. how the IFA will vary the effect of the terms.; 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 IFA; and iv. states the day on which the IFA commences. 11.4 The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 The Company or Employee may terminate the IFA: a) by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and Employee agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the (a) The Company and an Employee must genuinely Engineer covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to if the arrangement deals with one or more of the following matters: a(i) arrangements Arrangements about when work is performed.; As long as it is not considered an impact to the Engineering operation and efficiency; b(ii) overtime rates.overtime; c(iii) penalty rates.; d(iv) allowances; and; e(v) leave loading; and the IFA meets the genuine needs of the company and the engineer in relation to one of more of the matters mentioned in clause 8(a)(i)-(v) and the IFA is genuinely agreed to by the Company and the Engineer without coercion or duress. 11.2 (b) The Company must ensure that the terms of the IFAindividual flexibility arrangement: a(i) are about permitted matters under s.172 section 172 of the FW Act.; b(ii) are not unlawful terms under s.194 section 194 of the FW Act; and c(iii) result results in the Employee Engineer being better off overall than the Employee Engineer would be if no arrangement was made. 11.3 (c) The Company must ensure that the IFA: a(i) is in writing.; and b(ii) includes the name of the Company and the Employee.Engineer; and c(iii) is signed by the Company and the Employee; and d) Engineer and if the Employee Engineer is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.Engineer; and e(iv) includes details of: i. of the terms of this Agreement that will be varied by the IFA. ii. how the IFA will vary the effect of the terms. 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 IFAarrangement; and iv. states (v) States the day on which the IFA arrangement commences. 11.4 (d) The Company must give the Employee Engineer a copy of the IFA within 14 days after it is agreed to. 11.5 (e) The Company or Employee the Engineer may terminate the IFA: a(i) by giving no more than 28 days written notice to the other party to the IFA; IFA (or bthe period within s203(6)(a) of the Act at any time during the Term, whichever is the longest); or (ii) if the Company and Employee the Engineer agree in writingwriting – at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the 1.15.1 The Company and an any Employee must genuinely covered by the Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of this the Agreement in relation to if the IFA: (a) deals with one (1) or more of the following matters: a) i. arrangements about when work is performed.; b) ii. overtime rates.; c) iii. penalty rates.; d) iv. allowances; v. leave loading; and e(b) leave loadingmeets the genuine needs of the Company and the Employee in relation to one (1) or more of the matters mentioned in subclause 1.15.1 (a); and (c) is genuinely agreed to by the Company and Employee. 11.2 1.15.2 The Company must ensure that the terms of the IFA: (a) are about permitted matters under s.172 section 172 of the FW Act.Fair Work Act 2009 (Cth); and (b) are not unlawful terms under s.194 section 194 of the FW ActFair Work Act 2009 (Cth); and (c) result in the Employee being better off overall than the Employee would be if no arrangement IFA was made. 11.3 1.15.3 The Company must ensure that the IFA: (a) is in writing.; and (b) includes the name of the Company and the Employee.; and (c) is signed by the Company and the Employee; and d) , and if the Employee is under 18 eighteen (18) years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; and e(d) includes details of: i. the terms of this 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 IFA; and iv. (e) states the day on which the IFA commences. 11.4 1.15.4 The Company must give the Employee a copy of the IFA within 14 fourteen (14) days after it is agreed toagreed. 11.5 1.15.5 The Company or the Employee may terminate the IFA: (a) by giving no more less than 28 twenty eight (28) days written notice to the other party to the IFA; or or (b) at any time if the Company and the Employee agree in writingwriting – at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: a) arrangements about when work is performed.; b) overtime rates.; c) penalty rates.; d) allowances; and e) leave loading. 11.2 The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act.; b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 The Company must ensure that the IFA: a) is in writing.; b) includes the name of the Company and the Employee.; c) is signed by the Company and the Employee; and d) if the Employee is under 18 eighteen (18) years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee.; e) includes details of: i. the terms of this Agreement that will be varied by the IFA.; ii. how the IFA will vary the effect of the terms.; 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 IFA; and iv. states the day on which the IFA commences. 11.4 The Company must give the Employee a copy of the IFA within 14 fourteen (14) days after it is agreed to. 11.5 The Company or Employee may terminate the IFA: a) by giving no more than 28 twenty-eight (28) days written notice to the other party to the IFA; or or b) at any time if the Company and Employee agree in writing.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the (1) The Company and an Employee must genuinely covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of this Agreement (in relation to one or more the Company and the Employee), in order to meet the genuine needs of the following mattersCompany and the Employee. (2) The IFA must be genuinely agreed to by the Company and the Employee. (3) The terms of this Agreement the effect of which may be varied by an IFA are the following: (a) arrangements about when work is performed.hours of work; (b) overtime rates. c) penalty rates. d) allowances; and e) leave loading. 11.2 (4) The Company must ensure that the terms of the IFA: (a) are is in writing; (b) is about matters that would be permitted matters under s.172 section 172 of the FW Act.; b(c) are does not include a term that would be an unlawful terms term under s.194 section 194 of the FW Act; and; c(d) result results in the Employee being better off overall than the Employee would be if no arrangement IFA was made.; 11.3 The Company must ensure that the IFA: a) is in writing. b) includes the name of the Company and the Employee. c(e) is signed in all cases by the Company and the Employee; and d) Employee (and if the Employee is under 18 years of age, the IFA is signed age by the Company, the Employee, and a parent or guardian of the Employee.); e(f) includes details of: i. the terms of this Agreement that will be varied by the IFA. ii. how the IFA will vary the effect of the terms. 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 IFA; and iv. states the day on which the IFA commences. 11.4 The Company must give the Employee a copy of the IFA is given to the Employee within 14 days after it is agreed toagreed. 11.5 (5) The Company or the Employee may terminate the IFA: (a) by either the Company or the Employee giving no more than 28 days days’ written notice to the other party to the IFAnotice; or or (b) at any time if the Company and Employee agree in writingwriting — at any time. UNION SIGNATURE The Australian Workers' Union Union Signature of authorised person ▇▇▇▇ ▇▇▇▇▇ Name of authorised person WA Branch Secretary Position of authorised person C/o ▇/▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇ Address Date 15 February 2024 Note: the above person is authorised by the Union to sign the Agreement on its behalf. UNION SIGNATURE Australian Manufacturing Workers Union (AMWU) Union Signature of authorised person ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name of authorised person W.A. State Secretary Position of authorised person ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇ Address 20 February 2024 Date Note: the above person is authorised by the Union to sign the Agreement on its behalf. UNION SIGNATURE Construction, Forestry and Maritime Employees Union (CFMEU) Union Signature of authorised person ▇▇▇▇▇▇▇ (▇▇▇▇) ▇▇▇▇▇▇ Name of authorised person State Secretary (CFMEU C&G) Position of authorised person Trades Hall ▇▇ ▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇ Address 16 February 2024 Date Note: the above person is authorised by the Union to sign the Agreement on its behalf. APPENDIX 1: CLASSIFICATION STRUCTURE (1) Table A –Civil/Structural.

Appears in 1 contract

Sources: Greenfields Agreement

Individual Flexibility Arrangements. 11.1 In order to meet the parties’ genuine needs, the 10.1 The Company and an Employee must genuinely covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one the agreement if: the IFA deals with 1 or more of the following matters: a) : arrangements about when work is performed; overtime rates; penalty rates; allowances; leave loading; and the IFA meets the genuine needs of the Company and the Employee in relation to 1 or more of the matters mentioned in paragraph 10.1.1; and the IFA is genuinely agreed to by the Company and the Employee. b) overtime rates. c) penalty rates. d) allowances; and e) leave loading. 11.2 10.2 The Company must ensure that the terms of the IFA: a) : are about permitted matters under s.172 section 172 of the FW Act. b) ; and are not unlawful terms under s.194 section 194 of the FW Act; and c) and result in the Employee being better off overall than the Employee would be if no arrangement IFA was made. 11.3 10.3 The Company must ensure that the IFA: a) : is in writing. b) ; and includes the name of the Company and the Employee. c) ; and is signed by the Company and the Employee; and d) Employee and if the Employee is under 18 years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee. e) ; and includes details of: i. : the terms of this Agreement that will be varied by the IFA. ii. ; and how the IFA will vary the effect of the terms. iii. ; 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 IFA; and iv. and states the day on which the IFA commences. 11.4 10.4 The Company must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 10.5 The Company or the Employee may terminate the IFA: a) : by giving no more than 28 days written notice to the other party to the IFA; or b) at any time if the Company and the Employee agree in writingwriting – at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 11.1 In 14.1. Despite anything else in this Agreement, the Employer and an individual employee may agree to vary the application of the terms of this Agreement relating to any of the following in order to meet the parties’ genuine needs, needs of both the Company employee and an Employee must genuinely agree to make an individual flexibility arrangement (IFAthe Employer: a) arrangements for when work is performed; or a) overtime rates; or b) penalty rates; or c) allowances. 14.2. An agreement to vary the effect of terms of this Agreement in relation to accordance with this clause shall be known as an Individual Flexibility Arrangement (IFA). 14.3. An IFA must be one or more that meets the genuine needs of the following mattersemployer and employee and is genuinely agreed to by the Employer and the individual employee without coercion or duress. 14.4. An IFA may only be made after the individual employee has commenced employment with the Employer. 14.5. An IFA shall only be entered into where the IFA results in the employee being better off overall, at the time the IFA is made. 14.6. An IFA shall only relate to matters that are permitted matters and are not unlawful terms. 14.7. An IFA must be: a) arrangements about when work is performed.In writing; and b) overtime rates. c) penalty rates. d) allowances; and e) leave loading. 11.2 The Company must ensure that the terms of the IFA: a) are about permitted matters under s.172 of the FW Act. b) are not unlawful terms under s.194 of the FW Act; and c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 11.3 The Company must ensure that the IFA: a) is in writing. b) includes the name of the Company and the Employee. c) is signed by the Company Employer and the Employee; employee and d) , if the Employee employee is under 18 years of age, the IFA is signed by the Companyemployee’s parent or guardian. 14.8. The proposed and subsequently agreed IFA terms will be set out in writing, including: a) the Employee, name of the employee; b) the signature of the Employer and a the employee (including the signature of the parent or guardian of the Employee.employee if they are under the age of 18); ec) includes details of: i. the terms of this Agreement that will to be varied by the IFA.; ii. d) how the IFA arrangement will vary the effect of the terms.; iii. e) details on how the Employee will be IFA results in the employee being better off overall in relation to overall, at the terms and conditions of his or her employment as a result time the agreement is made; and f) the effective start date of the IFA; and iv. states the day on which the IFA commences. 11.4 The Company must give the Employee 14.9. A record will be kept as a time and wages record and a copy of will be given to the IFA employee within 14 days after it is agreed toof agreement. 11.5 The Company or Employee 14.10. An IFA may terminate the IFAbe terminated and will cease to have effect: a) at any time, by written agreement between the Employer and the employee; or b) by the Employer or the employee giving no more than 28 days 13 weeks written notice to the other party party. 14.11. The right to make an IFA is additional to, and does not affect, any other term of this Agreement that provides for an agreement between the IFA; or b) at any time if the Company Employer and Employee agree in writingan individual employee.

Appears in 1 contract

Sources: Enterprise Agreement