Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. 69.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment. (b) meets the genuine needs of the employee and employer; (c) is genuinely agreed to by the CEO and employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) does not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (d) states the period of operation of the arrangement. 69.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving not more than 28 days written notice to the other party to the arrangement; or (b) if the CEO and employee agree in writing - at any time. 69.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clause.

Individual Flexibility Arrangements. 69.1 16.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) payment for meal breaks; (iii) restriction duty; (iv) overtime taken as pay or time off in lieu of paymentrates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine needs of the employee employer and employer;the employee; and (c) is genuinely agreed to by the CEO and the employee;. 16.2 The employer must ensure that the terms of the individual flexibility arrangement: (da) is are about matters that would be permitted matters if the arrangement were an enterprise agreement; (eb) does do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (fc) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 16.3 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes details of: (i) the terms of this Agreement the agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (d) states the period of operation of the arrangement. 69.3 16.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination determination or other appropriate instrument and the CEO must give the employee a copy of the Determination determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 16.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice to the other party to the arrangement; or (b) if the CEO and the employee agree in writing - – at any time. 69.6 16.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangements under this clausearrangement.

Individual Flexibility Arrangements. 69.1 6.1 The CEO Chief Executive Officer and an employee covered by this Agreement may agree to make an individual flexibility arrangement (an Individual Flexibility Arrangement) to vary the effect of terms of this Agreement if the arrangementif: (a) the arrangement deals with one or more of the following matters of this Agreementmatters: (i) arrangements about when work is performed; (ii) payment remuneration; (iii) overtime rates; (iv) allowances, including the annualisation and incorporation of any relevant allowance into salary, where it is provided for overtime taken as pay or time off in lieu of payment.under this Agreement; (v) leave; and (b) the arrangement meets the genuine needs of IBA and the employee and employer;in relation to one or more of the matters set out in subclause 6.1(a). 6.2 The Chief Executive Officer must ensure that the terms of the Individual Flexibility Arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) is genuinely agreed to by the CEO and employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) does not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results result in the employee being better off overall than the employee would have been be if no individual flexibility arrangement were agreed towas made. 69.2 6.3 The CEO Chief Executive Officer must ensure that the individual flexibility arrangementIndividual Flexibility Arrangement: (a) is in writing;; and (b) includes the name of the employer and employee; and (c) is signed by IBA and the CEO and employee (and if the employee is under 18 years of age, signed by a parent or guardian of the employee;); and (cd) includes details of: (i) the terms of this Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (div) states the period of operation of day on which the arrangementarrangement commences and, where applicable, when the arrangement ▇▇▇▇▇▇. 69.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO 6.4 The Chief Executive Officer must give the employee a copy of the Determination or other appropriate instrument Individual Flexibility Arrangement within 14 days of the Commissioner’s approvalafter it is agreed to. 69.4 6.5 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 The CEO Chief Executive Officer or employee may terminate the individual flexibility arrangementIndividual Flexibility Arrangement: (a) by giving not no more than 28 days written notice to the other party to the arrangement; or (b) if the CEO Chief Executive Officer and employee agree in writing - at any time. 69.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clause.

Individual Flexibility Arrangements. 69.1 13.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performedperformed within the span of hours; (ii) payment for overtime taken as pay or time off in lieu of payment (iii) commuted salaries or allowances. (b) meets the genuine operational needs of the employee and employeragency; (c) is genuinely agreed to by the CEO and employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) does must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 The CEO must ensure that the individual flexibility arrangement13.2 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (cb) includes details of: (i) the terms of this Agreement the agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and; (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (dc) states the period of operation of the arrangement. 69.3 13.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 13.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 13.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and employee agree in writing - – at any time. 69.6 13.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clausearrangements.

Individual Flexibility Arrangements. 69.1 21.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment. (b) meets the genuine needs of the employee and the employer; (c) is genuinely agreed to by the CEO and the employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) does not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 The CEO must ensure that the individual flexibility arrangement21.2 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and employee and if the employee is under 18 eighteen years of age, signed by a parent or guardian of the employee; (cb) includes include details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and; (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (dc) states state the period of operation of the arrangement. 69.3 21.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 21.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 21.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and employee agree in writing - at any time. 69.6 21.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clauseflexibility arrangements.

Individual Flexibility Arrangements. 69.1 17.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) payment for meal breaks; (iii) restriction duty; (iv) overtime taken as pay or time off in lieu of paymentrates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine needs of the employee employer and employer;the employee; and (c) is genuinely agreed to by the CEO and the employee;. 17.2 The employer must ensure that the terms of the individual flexibility arrangement: (da) is are about matters that would be permitted matters if the arrangement were an enterprise agreement; (eb) does do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (fc) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 17.3 The CEO must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes details of: (i) the terms of this Agreement the agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (d) states the period of operation of the arrangement. 69.3 17.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination determination or other appropriate instrument and the CEO must give the employee a copy of the Determination determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 17.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice to the other party to the arrangement; or (b) if the CEO and the employee agree in writing - writing, at any time. 69.6 17.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangements under this clausearrangement.

Individual Flexibility Arrangements. 69.1 31.1 This clause applies where an employee’s request for an individual flexibility arrangement is not otherwise permitted under any other clause of this Agreement (eg work outside span of hours to assist with family responsibilities; convert overtime or shift penalties to a commuted allowance). 31.2 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement (including Schedules) if the arrangement: (a) deals with one or more of the following matters of this Agreement (other than permitted by the Agreement:): (i) arrangements about when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment; (iii) commuted salaries or allowances. (b) meets the genuine operational needs of the employee and employeragency; (c) is genuinely agreed to by the CEO and employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) does must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 The CEO must ensure that the individual flexibility arrangement31.3 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (cb) includes include the details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (dc) states the period of operation of the arrangement. 69.3 31.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 31.5 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 31.6 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and employee agree in writing - – at any time. 69.6 31.7 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clauseflexibility arrangements.

Individual Flexibility Arrangements. 69.1 12.1.1 The CEO Employer and an employee Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement if the arrangementif: (a) deals with a. the individual flexibility arrangement varies the effect of one or more of the terms of the Agreement dealing with the following matters of this Agreementmatters: (i) i. arrangements about when work is performedperformed (including rosters and the arrangement of free days, provided that the minimum number of free days is not less than four per fortnight); (ii) payment for . overtime taken as pay or time off in lieu of payment. (b) meets the genuine needs of the employee and employerrates; (c) iii. penalty rates; iv. allowances; v. leave loading; and b. the arrangement is genuinely agreed to by the CEO ABC and the employee;. (d) is about matters that would be permitted matters if the arrangement were 12.1.2 Prior to entering into an enterprise agreement; (e) does not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in arrangement, the employee being better off overall than may request that the employee ABC provide, to the extent practicable, an estimate of the payments they would have been if no entitled to for the prospective year based, as far as possible, on the pattern of hours they will be expected to work. 12.1.3 The employee will be advised of their right to representation in negotiating the arrangement. 12.1.4 The salary rate determined under an individual flexibility arrangement were agreed towill be regarded as salary for superannuation purposes in accordance with the relevant legislation. 69.2 12.1.5 The CEO Employer must ensure that the individual flexibility arrangement: (a) a. is about permitted matters under section 172 of the Act; b. has no unlawful terms under section 194 of the Act; and c. results in the employee being better off overall, compared to this Agreement, than the Employee would be if no arrangement was made. 12.1.6 The ABC must ensure that the individual flexibility arrangement: a. is in writing; (b) b. includes the name of the ABC and the employee; c. is signed by the CEO ABC and the employee and and, if the employee is under 18 years of age, is also signed by a parent or guardian of the employee;; and (c) d. includes details of: (i) i. the terms of this the Agreement that will be varied by the arrangement; (ii) . how the arrangement will vary the effect of the terms; and; (iii) . how the employee will be better off overall compared to this Agreement in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (d) iv. states the period of operation of day on which the arrangementarrangement commences. 69.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO 12.1.7 The ABC must give the employee a copy of the Determination or other appropriate instrument individual flexibility arrangement within 14 days of the Commissioner’s approvalafter it is agreed to. 69.4 12.1.8 The Commissioner will right to make an arrangement pursuant to this clause is in addition to, and is not approve intended to otherwise effect, any provision for an agreement between an employer and an individual flexibility arrangement unless the Commissioner is satisfied that the requirements employee contained in any other term of this clause have been metAgreement. 69.5 12.1.9 The CEO ABC or employee may terminate the individual flexibility arrangement: (a) a. by giving not no more than 28 days days’ written notice to the other party to the arrangement; or (b) b. if the CEO ABC and employee agree in writing - – at any time. 69.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clause.. Part D Recruitment ‌

Individual Flexibility Arrangements. 69.1 The CEO Calvary and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangementagreement if: (a) the agreement deals with one 1 or more of the following matters of this Agreementmatters: (i) arrangements about when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment.rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee and employer;in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the CEO employer and employee;. The employer must ensure that the terms of the individual flexibility arrangement: (da) is are about matters that would be permitted matters if under section 172 of the arrangement were an enterprise agreement; (e) does not include a term that would be an unlawful term if the arrangement were an enterprise agreementFair Work Act 2009 ; and (fb) results are not unlawful terms under section 194 of the Fair Work Act 2009 ; and (c) result in the employee being better off overall than the employee would have been be if no individual flexibility arrangement were agreed to. 69.2 was made. The CEO employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the employer and employee; and (c) is signed by the CEO employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee;; and (cd) includes details of: (i) the terms of this Agreement the enterprise agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (de) states the period of operation of day on which the arrangement. 69.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO commences. The employer must give the employee a copy of the Determination or other appropriate instrument individual flexibility arrangement within 14 days of the Commissioner’s approval. 69.4 after it is agreed to. The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 The CEO employer or employee may terminate the individual flexibility arrangement: (a) by giving not no more than 28 days written notice to the other party to the arrangement; or (b) if the CEO employer and employee agree in writing - writing--at any time.. Remaining subject to the requirements of clause 5.2, where an Individual Flexibility Arrangement is: 69.6 An (a) initiated by an employee; and (b) includes non-monetary benefits that assists the employee’s carer or family responsibilities or otherwise benefits the employee’s work-life balance; then (c) the parties covered by this Agreement agree that the value of non-monetary benefits received by an individual employee may choose shall be regarded to be represented by their nominated representative in relation to of equal or more value than any monetary benefits waived. Illustrative Examples are at paragraphs 860 and 867 of the development and implementation of individual flexible arrangements under this clauseFair Work Bill 2008 Explanatory Memorandum.

Individual Flexibility Arrangements. 69.1 21.1 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment. (b) meets the genuine operational needs of the employee and employerDOH; (c) is genuinely agreed to by the CEO and the employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) does must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 The CEO must ensure that the individual flexibility arrangement21.2 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and employee and if the employee is under 18 eighteen years of age, signed by a parent or guardian of the employee; (cb) includes include details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and; (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (dc) states state the period of operation of the arrangement. 69.3 21.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 21.4 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 21.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and employee agree in writing - at any time. 69.6 21.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clauseflexibility arrangements.

Individual Flexibility Arrangements. 69.1 The CEO 18.1 Notwithstanding any other provision of this Agreement, TDSF and an individual employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect application of certain terms of this Agreement if to meet the arrangementgenuine needs of the employer and the individual employee. The terms TDSF and the individual employee may agree to vary the application of are those concerning: (a) deals with one or more of the following matters of this Agreement: (i) arrangements about for when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment. (b) meets the genuine needs of the employee and employerovertime rates; (c) is genuinely agreed to by the CEO and employeepenalty rates; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement;allowances; and (e) does not include leave loading. 18.2 TDSF and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with TDSF. 18.3 The agreement between TDSF and the individual employee must: TDSF Salaried and Senior Staff Agreement 2024 (a) be confined to a term that would be an unlawful term if variation in the arrangement were an enterprise agreementapplication of one or more of the terms listed in clause 18.1; and (fb) results result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility arrangement were agreement had been agreed to; and (c) be about permitted matters under s.172 of the Act; and (d) not contain unlawful terms under s.194 of the Act. 69.2 18.4 The CEO must ensure that agreement between TDSF and the individual flexibility arrangementemployee must also: (a) is be in writing; (b) is , name the parties to the agreement and be signed by TDSF and the CEO and individual employee and and, if the employee is under 18 years of age, signed by a the employee's parent or guardian guardian; (b) state each term of this award that TDSF and the employeeindividual employee have agreed to vary; (c) includes details of: (i) detail how the terms application of this Agreement that will be each term has been varied by agreement between TDSF and the arrangementindividual employee; (iid) detail how the arrangement will vary agreement results in the effect of the terms; and (iii) how the individual employee will be being better off overall in relation to the individual employee 's terms and conditions of their employment as a result of the arrangementemployment; and (de) states state the period of operation of date the arrangementagreement commences to operate. 69.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO 18.5 TDSF must give the individual employee a copy of the Determination or other appropriate instrument agreement within 14 days of it being agreed and keep the Commissioner’s approvalagreement as a time and wages record. 69.4 The Commissioner will 18.6 Except as provided in Clause 18.4(a) the agreement must not approve an require the approval or consent of a person other than TDSF and the individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been metemployee. 69.5 18.7 When seeking to enter into an agreement TDSF must provide a written proposal to the employee. Where the employee's understanding of written English is limited TDSF must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 18.8 The CEO or employee agreement may terminate the individual flexibility arrangementbe terminated: (a) by TDSF or the individual employee giving not more than 28 days written days' 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 CEO and employee agree in writing - at any time, by written agreement between TDSF and the individual employee. 69.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clause.

Individual Flexibility Arrangements. 69.1 ‌ 22.1 This clause applies where an employee’s request for an individual flexibility arrangement is not otherwise permitted under any other clause of this Agreement (eg work outside span of hours to assist with family responsibilities; convert overtime or shift penalties to a commuted allowance). 22.2 The CEO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreement (other than permitted by the Agreement:): (i) arrangements about when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment; (iii) commuted salaries or allowances. (b) meets the genuine needs of the employee and the employer; (c) is genuinely agreed to by the CEO and employee; (d) is about matters that would be permitted matters if the arrangement were an enterprise agreement; (e) does must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (f) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 The CEO must ensure that the individual flexibility arrangement22.3 Arrangements are to be in writing and: (a) is in writing; (b) is signed by the CEO and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (cb) includes include the details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (dc) states the period of operation of the arrangement. 69.3 22.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 22.5 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 22.6 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice (or in accordance with FW Act requirements) to the other party to the arrangement; or (b) if the CEO and employee agree in writing - – at any time. 69.6 22.7 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clauseflexibility arrangements.

Individual Flexibility Arrangements. 69.1 The CEO employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreementmatters: (i) arrangements about when work is performed; (ii) payment for meal breaks; (iii) restrictive duty; (iv) overtime taken as pay or time off in lieu of paymentrates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine needs of the employee employer and employer;the employee; and (c) is genuinely agreed to by the CEO employer and the employee;. The employer must ensure that the terms of the individual flexibility arrangement: (da) is are about matters that would be permitted matters if the arrangement were an enterprise agreement; (eb) does do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (fc) results in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 . The CEO employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes include details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and; (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (d) states the period of operation of the arrangement. 69.3 . To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 . The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 The CEO employer or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice to the other party to the arrangement; or (b) if the CEO employer and employee agree in writing - at any time. 69.6 . An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clauseflexibility arrangement.

Individual Flexibility Arrangements. 69.1 ‌ 1. The CEO Integrity Commissioner and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement if the arrangementif: (a) the arrangement deals with one 1 or more of the following matters of this Agreementmatters: (i) arrangements about when work is performed; (ii) payment for overtime taken as pay or time off in lieu of payment.rates; (iii) penalty rates; (iv) allowances; (v) remuneration; (vi) leave; and (b) the arrangement meets the genuine needs of ACLEI and an employee in relation to one or more of the employee and employer;matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the CEO Integrity Commissioner and an employee;. 2. The Integrity Commissioner must ensure that the terms of the individual flexibility arrangement: (da) is are about matters that would be permitted matters if under section 172 of the arrangement were an enterprise agreement; (e) does not include a term that would be an unlawful term if the arrangement were an enterprise agreementFW Act; and (fb) are not unlawful terms under section 194 of the FW Act; and (c) results in the employee being better off overall than the employee would have been be if no individual flexibility arrangement were agreed towas made. 69.2 3. The CEO Integrity Commissioner must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the employer and employee; and (c) is signed by the CEO Integrity Commissioner and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee;; and (cd) includes details of: (i) the terms of this Agreement that will be varied by the arrangement;; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (div) states the period of operation of day on which the arrangementagreement commences and, where applicable, when the arrangement ▇▇▇▇▇▇. 69.3 To take effect, the individual flexibility arrangement must be approved by the 4. The Integrity Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument individual flexibility arrangement within 14 days of the Commissioner’s approvalafter it is agreed to. 69.4 5. The Integrity Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 The CEO or employee may terminate the individual flexibility arrangement: (a) by giving not more no less than 28 days written notice to the other party to the arrangement; or (b) if the CEO Integrity Commissioner and employee agree in writing - — at any time. 69.6 An employee may choose 6. The procedures for the resolution of disputes detailed at Clause 9.8 of this Agreement are to be represented by their nominated representative in relation applied to the development and implementation of individual flexible arrangements any dispute arising from or related to any supplementary benefits provided to an employee under this clauseClause. 7. Aggregated information, including the reasons for use of Individual Flexibility Arrangements, will be reported twice per annum during the regular staff / management consultation forum.

Individual Flexibility Arrangements. 69.1 The CEO ATSB and an employee its employees covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) agreement if:  the arrangement deals with one or more of the following matters of this Agreement: (i) matters: - arrangements about when work is performed; (ii) payment for ; - overtime taken as pay or time off in lieu of payment. (b) rates; - allowances; - remuneration; - penalty rates; - leave and leave loading: and  the arrangement meets the genuine needs of the ATSB and employee in relation to one or more of the matters listed above; and employer; (c)  the arrangement is genuinely agreed to by the CEO ATSB and employee; (d) is . The ATSB must ensure that the terms of the individual flexibility arrangement:  are about matters that would be permitted matters if under section 172 of the arrangement were an enterprise agreement; (e) does FW Act;  are not include a term that would be an unlawful term if terms under section 194 of the arrangement were an enterprise agreementFW Act; and (f) results and  result in the employee being better off overall than the employee would have been be if no individual flexibility arrangement were agreed to. 69.2 was made. The CEO must ATSB will ensure that the individual flexibility arrangement: (a) :  is in writing; (b) ;  includes the name of the Agency and employee;  is signed by the CEO Agency and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) ; and  includes details of: (i) : - the terms of this Agreement the enterprise agreement that will be varied by the arrangement; (ii) ; - how the arrangement will vary the effect of the terms; and (iii) - how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and (d) and  states the period of operation of day on which the arrangement. 69.3 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO commences. The ATSB must give the employee a copy of the Determination or other appropriate instrument individual flexibility arrangement within 14 days of the Commissioner’s approval. 69.4 after it is agreed to. The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 The CEO ATSB or employee may terminate the individual flexibility arrangement: (a) :  by giving not more than 28 days written notice to the other party to the arrangement; or (b) or  if the CEO ATSB and employee agree in writing - — at any time. 69.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of individual flexible arrangements under this clause.

Individual Flexibility Arrangements. 69.1 24.1 The CEO employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if the arrangement: (a) deals with one or more of the following matters of this Agreementof:: (i) arrangements about when work is performed; (ii) payment for meal breaks; (iii) restriction duty; (iv) overtime taken as pay or time off in lieu of paymentrates; (v) recreation leave loading; (vi) penalties; or (vii) allowances. (b) meets the genuine needs of the employee and the employer;; and (c) is genuinely agreed to by the CEO employer and the employee;. 24.2 The employer must ensure that the terms of the individual flexibility arrangement: (da) is are about matters that would be permitted matters if the arrangement were an enterprise agreement; (eb) does do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (fc) results result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 69.2 24.3 The CEO employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) is signed by the CEO employer and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; (c) includes include the details of: (i) the terms of this Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (d) states the period of operation of the arrangement. 69.3 24.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other appropriate instrument and the CEO must give the employee a copy of the Determination or other appropriate instrument within 14 days of the Commissioner’s approval. 69.4 24.5 The Commissioner will not approve an individual flexibility arrangement unless the Commissioner is satisfied that the requirements of this clause have been met. 69.5 The CEO employer or employee may terminate the individual flexibility arrangement: (a) by giving written notice of not more than 28 days written notice to the other party to the arrangement; or (b) if the CEO employer and employee agree in writing - – at any time. 69.6 24.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexible arrangements under this clauseflexibility arrangement.