Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement, the Employer and an individual Employee may agree, by way of an Individual Flexibility Arrangement, to vary the application of the terms of this Agreement relating to one or more of the following in order to meet the genuine needs of both the Employee and the Employer: (a) arrangements about when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 An Individual Flexibility Arrangement must be one that is genuinely made by the Employer and the individual Employee without coercion or duress. 10.3 An Individual Flexibility Arrangement may only be made after the individual Employee has commenced employment with the Employer. 10.4 An Employer who wishes to initiate the making of an Individual Flexibility Arrangement must: (a) give the Employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposal. 10.5 An Individual Flexibility Arrangement must result in the Employee being better off overall at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made. 10.6 An Individual Flexibility Arrangement must do all of the following: (a) state the names of the Employer and the Employee; and

Appears in 2 contracts

Sources: Enterprise Agreement, Royal Flying Doctor Service Victoria Patient Transport Employees Enterprise Agreement 2021

Individual Flexibility Arrangements. 10.1 Note: This clause applies to all employees. 7.1 Despite anything else in this Agreement, the Employer an employer and an individual Employee employee may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the terms of this Agreement relating to one or more any of the following in order to meet the genuine needs of both the Employee employee and the Employeremployer: (a) arrangements about for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 7.2 An Individual Flexibility Arrangement must be one that is genuinely made by the Employer employer and the individual Employee employee without coercion or duress. 10.3 7.3 An Individual Flexibility Arrangement may only be made after the individual Employee employee has commenced employment with the Employeremployer. 10.4 7.4 An Employer employer who wishes to initiate the making of an Individual Flexibility Arrangement must: (a) give the Employee employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer employer is aware that the Employee employee has, or reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 7.5 An Individual Flexibility Arrangement must result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made. 10.6 7.6 An Individual Flexibility Arrangement must do all of the following: : (a) state the names of the Employer employer and the Employeeemployee; and (b) identify the term, or terms, the application of which is to be varied; and (c) set out how the application of the term, or each term, is varied; and (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and (e) state the date the agreement is to start. 7.7 An Arrangement must be: (a) in writing; and (b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. 7.8 Except as provided in sub-clause 7.7(b), an Arrangement must not require the approval or consent of a person other than the employer and the employee. 7.9 The employer must keep the Arrangement as a time and wages record and give a copy to the employee. 7.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of the Agreement provided for by an Arrangement. 7.11 An Arrangement may be terminated: (a) at any time, by written agreement between the employer and the employee; or (b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the Arrangement was entered into before the first full pay period starting on or after 4 December 2013). Note: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this Agreement term and the arrangement does not meet a requirement set out in

Appears in 2 contracts

Sources: Common Conditions Agreement, Common Conditions Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement, the ‌ 22.1 The Employer and employee covered by this Agreement may agree to make an individual Employee may agree, by way of an Individual Flexibility Arrangement, flexibility arrangement to vary the application effect of terms of the terms of this Agreement relating to if: (a) the agreement deals with one or more of the following in order to meet the genuine needs of both the Employee and the Employermatters: (ai) arrangements about when work is performed; (ii) within the span of hours for day workers, work may be extended outside of the ordinary hours for that day and the number of additional hours worked taken off at a later time; (iii) meal break provisions; (b) the arrangement meets the genuine needs of the Employer and employee in relation to one or more of the matters mentioned above; and (c) the arrangement is genuinely agreed to by the Employer and employee. 22.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 22.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and; (b) includes the name of the Employer and employee; and (c) is signed by the Employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences 22.4 The Employer must give the employee a copy of the individual flexibility arrangements within 14 days after it is agreed to. 22.5 The Employer or employee may terminate the individual flexibility arrangement: (a) by giving thirteen (13) weeks written notice to the other party to the arrangement; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loadingif the Employer and employee agree in writing — at any time. 10.2 An Individual Flexibility Arrangement must 22.6 The employee will be one advised that they may be represented by their relevant Union in relation to making or terminating an arrangement under this clause. The Employer will consult with the Union at least seven (7) days, or as otherwise agreed, prior to entering into an arrangement with the employee. The relevant Union is genuinely made by not required to approve or consent to any flexibility arrangement between the Employer and the individual Employee without coercion or duressemployee. 10.3 An Individual Flexibility Arrangement may only be made after the 22.7 The right to make an arrangement under this clause is additional to, and does not affect, any other term of this Agreement that provides for an agreement between an Employer and an individual Employee has commenced employment with the Employeremployee. 10.4 An Employer who wishes 22.8 Any dispute or difficulty relating to initiate individual flexibility arrangements shall be dealt with as far as practicable and with expedition through the making of an Individual Flexibility Arrangement must: (a) give the Employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposalDisputes resolution procedure under clause 23. 10.5 An Individual Flexibility Arrangement must result in the Employee being better off overall at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made. 10.6 An Individual Flexibility Arrangement must do all of the following: (a) state the names of the Employer and the Employee; and

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement, the Employer an employer and an individual Employee employee may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the terms of this Agreement relating to one or more any of the following in order to meet the genuine needs of both the Employee employee and the Employeremployer: (a) arrangements about for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 . An Individual Flexibility Arrangement must be one that is genuinely made by the Employer employer and the individual Employee employee without coercion or duress. 10.3 . An Individual Flexibility Arrangement may only be made before or after the individual Employee employee has commenced employment with the Employer.Calvary. Any Individual Flexibility Arrangement made before the employee has commenced is subject to the following: 10.4 (a) Any Individual Flexibility Arrangement shall not have effect until the employment commencement date of that employee; and (b) The Individual Flexibility Arrangement must be a reasonable solution to a request for flexibility made by the employee during the recruitment process. An Employer employer who wishes to initiate the making of an Individual Flexibility Arrangement must: (a) give the Employee employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer employer is aware that the Employee employee has, or reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 . An Individual Flexibility Arrangement must result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made.. Remaining subject to the requirements of clause 5.2, where an Individual Flexibility Arrangement is: 10.6 (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 the parties agree that the value of non-monetary benefits received by an individual employee shall be regarded to be of equal or more value than any monetary benefits waived. Illustrative Examples are at paragraphs 860 and 867 of the Fair Work Bill 2008 Explanatory Memorandum. An Individual Flexibility Arrangement must do all of the following: : (a) state the names of the Employer employer and the Employeeemployee; and (b) identify the Agreement term, or Agreement terms, the application of which is to be varied; and (c) set out how the application of the Agreement term, or each Agreement term, is varied; and (d) set out how the Individual Flexibility Arrangement results in the employee being better off overall at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made; and (e) state the date the Individual Flexibility Arrangement is to start. An Individual Flexibility Arrangement must be: (a) in writing; and (b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. Except as provided in clause 5.8(b), an Individual Flexibility Arrangement must not require the approval or consent of a person other than the employer and the employee. The employer must keep the Individual Flexibility Arrangement as a time and wages record and give a copy to the employee. The employer and the employee must genuinely agree, without duress or coercion to any variation of this Agreement provided for by an Individual Flexibility Arrangement. An Individual Flexibility Arrangement may be terminated: (a) at any time, by written agreement between the employer and the employee; or (b) by the employer or employee giving 60 days’ written notice to the other party (reduced to 4 weeks if the Individual Flexibility Arrangement was entered into before the first full pay period starting on or after 4 December 2013) NOTE: If Calvary and an employee agree to an arrangement that purports to be an individual flexibility arrangement under this Agreement term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act). An Individual Flexibility Arrangement terminated as mentioned in clause 5.12(b) ceases to have effect at the end of the period of notice required under that clause. The right to make an Individual Flexibility Arrangement under clause 5 is additional to, and does not affect, any other term of this Agreement that provides for an agreement between an employer and an individual employee.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 10.1 5.1 Despite anything else in this Agreement, the Employer an Employee and an individual Employee ISS may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the terms of this Agreement relating to one or more any of the following in order to meet the genuine needs of both the Employee employee and the EmployerISS: (a) arrangements about for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 5.2 An Individual Flexibility Arrangement agreement must be one that is genuinely made by the Employer ISS and the individual Employee employee without coercion or duress. 10.3 5.3 An Individual Flexibility Arrangement agreement may only be made after the individual Employee employee has commenced employment with the EmployerISS. 10.4 An Employer who 5.4 If ISS wishes to initiate the making of an Individual Flexibility Arrangement agreement it must: (a) give the Employee employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer ISS is aware that the Employee employee has, or should reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 5.5 An Individual Flexibility Arrangement agreement must result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement agreement is made than if the Individual Flexibility Arrangement agreement had not been made. 10.6 5.6 An Individual Flexibility Arrangement agreement must do all of the following: : (a) state the names of the Employer ISS and the Employeeemployee; and (b) identify the Agreement term, or Agreement terms, the application of which is to be varied; and (c) set out how the application of the Agreement term, or each Agreement term, is varied; and (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and (e) state the date the agreement is to start. 5.7 An agreement must be: (a) in writing; and (b) signed by ISS and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. 5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than ISS and the employee. 5.9 ISS must keep the agreement as a time and wages record and give a copy to the employee. 5.10 ISS and the employee must genuinely agree, without duress or coercion to any variation of an Agreement provided for by an agreement. 5.11 An agreement may be terminated: (a) at any time, by written agreement between ISS and the employee; or (b) by ISS or employee giving 28 days’ written notice to the other party. An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause. 5.12 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this Agreement that provides for an agreement between ISS and an individual employee.

Appears in 1 contract

Sources: Cleaning Enterprise Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in 3.7.1 Notwithstanding any other provision of this Agreement, the Employer and an individual Employee employee may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the certain terms of this Agreement relating to meet the genuine individual needs of the Employer and the individual employee. The terms the Employer and the individual employee may agree to vary the application of are those concerning: 3.7.2 The Employer and the individual employee must have genuinely made the arrangement without coercion or duress. 3.7.3 The arrangement between the Employer and the individual employee must: (a) be confined to a variation in the application of one or more of the following terms listed in order to meet clause 3.7.1; and (b) result in the genuine needs of both employee being better off overall than the Employee employee would have been if no individual flexibility arrangement had been agreed to. 3.7.4 The arrangement between the Employer and the Employerindividual employee must also: (a) arrangements about when work be in writing, name the parties to the agreement and be signed by the Employer and the individual employee and, if the employee is performedunder 18 years of age, the employee’s parent or guardian; (b) state each term of this Agreement that the Employer and the individual employee have agreed to vary; (c) detail how the application of each term has been varied by arrangement between the Employer and the individual employee; (d) detail how the arrangement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the arrangement commences to operate. 3.7.5 The Employer must give the individual employee a copy of the arrangement within 14 days after it is agreed to and keep the arrangement as a time and wages record. 3.7.6 Except as provided in clause 3.7.4 (a) the arrangement must not require the approval or consent of a person other than the Employer and the individual employee. 3.7.7 If the Employer seeks to enter into an arrangement it must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the Employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 3.7.8 The arrangement may be terminated: (a) by the Employer or the individual employee giving 4 weeks’ notice of termination, in writing, to the other party and the arrangement ceasing to operate at the end of the notice period; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 An Individual Flexibility Arrangement must be one that is genuinely made at any time, by written agreement between the Employer and the individual Employee without coercion or duressemployee. 10.3 An Individual Flexibility Arrangement may only be made after the individual Employee has commenced employment with the Employer. 10.4 An Employer who wishes to initiate the making of an Individual Flexibility Arrangement must: (a) give the Employee a written proposal; and (b) advise the Employee of their 3.7.9 The right to seek legal make an arrangement pursuant to this clause is in addition to, and industrial advice in relation is not intended to the proposed Individual Flexibility Arrangement; and (c) if the Employer is aware that the Employee hasotherwise affect, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in any provision for an appropriate language) to ensure that the Employee understands the proposal. 10.5 An Individual Flexibility Arrangement must result in the Employee being better off overall at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made. 10.6 An Individual Flexibility Arrangement must do all of the following: (a) state the names of arrangement between the Employer and the Employee; andan individual employee contained in any other term of this Agreement. EMPLOYMENT RELATIONSHIP

Appears in 1 contract

Sources: General Staff Agreement

Individual Flexibility Arrangements. 10.1 8.1 Despite anything else in this Agreement, the an Employer CLC and an individual Employee employee may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the terms of this Agreement relating to one or more any of the following in order to meet the genuine needs of both the Employee employee and the EmployerEmployer CLC: (a) 8.1.1 arrangements about for when work is performed; or (b) 8.1.2 overtime rates; or (c) 8.1.3 penalty rates; or (d) 8.1.4 allowances; or (e) 8.1.5 annual leave loading. 10.2 8.2 An Individual Flexibility Arrangement agreement must be one that is genuinely made by the Employer CLC and the individual Employee employee without coercion or duress. 10.3 8.3 An Individual Flexibility Arrangement agreement may only be made after the individual Employee employee has commenced employment with the EmployerEmployer CLC. 10.4 8.4 An Employer CLC who wishes to initiate the making of an Individual Flexibility Arrangement agreement must: (a) 8.4.1 give the Employee employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) 8.4.2 if the Employer CLC is aware that the Employee employee has, or reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 8.5 An Individual Flexibility Arrangement agreement must result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement agreement is made than if the Individual Flexibility Arrangement agreement had not been made. 10.6 8.6 An Individual Flexibility Arrangement agreement must do all of the following: (a) : 8.6.1 state the names of the Employer CLC and the Employeeemployee; and 8.6.2 identify the Agreement term, or Agreement terms, the application of which is to be varied; and 8.6.3 set out how the application of the Agreement term, or each Agreement term, is varied; and 8.6.4 set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and 8.6.5 state the date the agreement is to start. 8.7 An agreement must be: 8.7.1 in writing; and

Appears in 1 contract

Sources: Multi Enterprise Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in 9.1 Notwithstanding any other provision of this Agreement, the Employer employer and an individual Employee employee may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the certain terms of this Agreement relating to one or more of the following in order to meet the genuine individual needs of both the Employee employer and the Employerindividual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (a) arrangements about when work is performed; (b) overtime rates (c) penalty rates (d) allowances ; and (e) leave loading 9.2 The employer and the individual employee must have genuinely agreed on an Individual Flexibility Arrangement (IFA) without coercion or duress. 9.3 The IFA between the employer and the individual employee must: (a) be confined to a variation in the application of one or more terms listed in 9.1 ; and (b) result in the employee being better off overall than the employee would have been if no IFA had been agreed to. 9.4 The IFAt between the employer and the individual employee must also: (a) be in writing; and (b) includes the name of the employer and the individual employee and if the employee is under the age of 18 years of age, the employees parent or guardian; state the term of this Agreement that the employer and the individual employee have agreed to vary (c) detail how the application of each term has been varied by the IFA between the employer and the employee; (d) detail how the IFA results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and (e) state the date the IFA commences to operate. 9.5 The employer must keep the IFA as a time and wages record and provide the individual employee with a copy. 9.6 Except as provided in clause 9.4 (b) the IFA must not require the approval or consent of a person other than the employer and the individual employee. 9.7 The employer seeking to enter into an IFA must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 9.8 The IFA may be terminated : (a) by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the IFA ceasing to operate at the end of the notice period; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 An Individual Flexibility Arrangement must be one that is genuinely made at any time, by written agreement between the Employer employer and the individual Employee without coercion or duressemployee. 10.3 An Individual Flexibility Arrangement may only be made after the individual Employee has commenced employment with the Employer. 10.4 An Employer who wishes to initiate the making of an Individual Flexibility Arrangement must: (a) give the Employee a written proposal; and (b) advise the Employee of their 9.9 The right to seek legal make an IFA pursuant to this clause is in addition to, and industrial advice is not intended to otherwise affect, any provision for an agreement between the employer and an individual employee contained in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding any other term of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposalthis Agreement. 10.5 An Individual Flexibility Arrangement must result in the Employee being better off overall at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made. 10.6 An Individual Flexibility Arrangement must do all of the following: (a) state the names of the Employer and the Employee; and

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement, the 7.1 The Employer and an Employee covered by the Agreement may agree to make an individual Employee may agree, by way of an Individual Flexibility Arrangement, flexibility arrangement (IFA) to vary the application effect of terms of the terms of this Agreement relating to if the IFA deals with one or more of the following in order to meet the genuine needs of both the Employee and the Employermatters: (a) arrangements about for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 7.2 An Individual Flexibility Arrangement IFA must be one that is genuinely made by the Employer employer and the individual Employee employee without coercion or duress. 10.3 7.3 An Individual Flexibility Arrangement IFA may only be made after the individual Employee employee has commenced employment with the Employeremployer. 10.4 An 7.4 If the Employer who wishes to initiate the making of an Individual Flexibility Arrangement agreement it must: (a) give the Employee employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer is aware that the Employee employee has, or reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 7.5 An Individual Flexibility Arrangement IFA must result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement agreement is made than if the Individual Flexibility Arrangement agreement had not been made. 10.6 7.6 An Individual Flexibility Arrangement IFA must do all of the following: : (a) state the names of the Employer and the Employeeemployee; and (b) identify the Agreement term, or terms, the application of which is to be varied; and (c) set out how the application of the Agreement term, or each term, is varied; and (d) set out how the IFA results in the employee being better off overall at the time the IFA is made than if the IFA had not been made; and (e) state the date the IFA is to start. 7.7 An IFA must be: (a) in writing; and (b) signed by the Employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. 7.8 Except as provided in clause 7.7(b) an IFA must not require the approval or consent of a person other than the Employer and the employee. 7.9 The Employer must keep the IFA as a time and wages record and give a copy to the employee. 7.10 The Employer and the employee must genuinely agree, without duress or coercion to any variation of the Agreement provided for by the IFA. 7.11 An IFA may be terminated: (a) at any time, by written agreement between the Employer and the employee; or (b) by the Employer or employee giving 13 weeks’ written notice to the other party. 7.12 An IFA terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause. 7.13 The right to make an IFA under this clause 7 is additional to, and does not affect, any other term of this Agreement that provides for an agreement between the Employer and an individual employee.

Appears in 1 contract

Sources: Disability Services Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement, the Employer People First Bank and an employee may agree on an individual Employee flexibility arrangement (“IFA”). People First Bank and an employee covered by this Agreement may agree, by way of agree to make an Individual Flexibility Arrangement, IFA to vary the application effect of terms of the terms of this Agreement relating to if: 12.2.1 the Agreement deals with one (1) or more of the following in order to meet the genuine needs of both the Employee and the Employermatters: (a) arrangements about when work is performed; or; (b) overtime rates; or; (c) penalty rates; or; (d) allowances; orand 12.2.2 the IFA meets the genuine needs of People First Bank and the employee in relation to one (e1) annual leave loading.or more of the matters mentioned in sub-clause 12.2.1; and 10.2 An Individual Flexibility Arrangement must be one that 12.2.3 the IFA is genuinely made agreed to by the Employer People First Bank and the individual Employee employee without coercion or duress. 10.3 . An Individual Flexibility Arrangement IFA may only be made after the individual Employee employee has commenced commencement employment with the Employer. 10.4 An Employer who People First Bank. If People First Bank wishes to initiate the making of an Individual Flexibility Arrangement mustindividual flexibility arrangement then the following will apply: (a) give the Employee 12.4.1 The employee will be given a written proposal; and (b) advise 12.4.2 Reasonable steps will be taken to ensure that the employee understands the proposal. If the employee requests, People First Bank will meet with the employee to discuss the proposal prior to entering into the IFA. An IFA must be in writing and include: 12.6.1 The name of the employee and the employer; 12.6.2 an explanation on each term of the enterprise agreement that is to be varied; 12.6.3 the ability for either People First Bank or the Employee to provide 28 days’ written notice of their right to seek legal and industrial advice termination of the IFA; 12.6.4 detail on how the IFA will mean an employee is better off overall in relation to the proposed Individual Flexibility Arrangementemployee’s terms and conditions of employment; 12.6.5 the date the IFA commences to operate; and 12.6.6 signatures from People First Bank and the employee (c) if the Employer employee is aware that under 18 the Employee has, or reasonably should IFA will also be aware that signed by their parent/guardian). A copy of the Employee may have, limited understanding IFA will be provided to the employee by People First Bank within 14 days of written English, take reasonable steps (including providing a translation in an appropriate language) the IFA having been signed. An IFA will not include unlawful terms as defined by the Act. An IFA must be genuinely agreed to ensure that the Employee understands the proposal. 10.5 An Individual Flexibility Arrangement and must result in the Employee employee being better off overall at than the time employee would have been if no IFA were agreed to. An IFA must be about a permitted matter as defined by the Individual Flexibility Arrangement is made Act. People First Bank or the employee may terminate the IFA: by giving no more than 28 days written notice to the other party to the arrangement; or if the Individual Flexibility Arrangement had not been made. 10.6 An Individual Flexibility Arrangement must do all of the following: (a) state the names of the Employer and employee agree in writing - at any time. People First Bank or the Employee; andemployee may use the dispute resolution procedure in this enterprise agreement to deal with disputes that may arise concerning the matters dealt with in the individual flexibility arrangement.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement, the Employer 8.1 InvoCare and an employee covered by this Agreement may agree to make an individual Employee may agree, by way of an Individual Flexibility Arrangement, flexibility arrangement to vary the application effect of the terms of this Agreement relating to one or more any of the following in order to meet the genuine needs of both the Employee employee and the EmployerInvoCare: (a) arrangements about for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 8.2 An Individual Flexibility Arrangement agreement must be one that is genuinely made by the Employer InvoCare and the individual Employee employee without coercion or duress. 10.3 8.3 An Individual Flexibility Arrangement agreement may only be made after the individual Employee employee has commenced employment with the EmployerInvoCare. 10.4 8.4 An Employer who wishes to initiate the making of an Individual Flexibility Arrangement must: (a) give the Employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposal. 10.5 An Individual Flexibility Arrangement agreement must result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement agreement is made than if the Individual Flexibility Arrangement agreement had not been made. 10.6 8.5 An Individual Flexibility Arrangement agreement must do all of the following: : (a) state the names of the Employer InvoCare and the Employeeemployee; and (b) identify the Agreement term, or Agreement terms, the application of which is to be varied; and (c) set out how the application of the Agreement term, or each Agreement term, is varied; and (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and (e) state the date the agreement is to start. 8.6 An agreement must be: (a) in writing; and (b) signed by InvoCare and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. 8.7 Except as provided in clause 8.6(b), an agreement must not require the approval or consent of a person other than InvoCare and the employee. 8.8 InvoCare must keep the agreement as a time and wages record and give a copy to the employee. InvoCare and the employee must genuinely agree, without duress or coercion to any variation of an Agreement provided for by an agreement. 8.9 An agreement may be terminated: (a) at any time, by written agreement between InvoCare and the employee; or (b) by InvoCare or employee giving 28 days written notice to the other party.

Appears in 1 contract

Sources: Invocare Australia Pty Limited Queensland and Northern New South Wales Funeral Industry Enterprise Agreement 2023

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement3.4.1 After commencement of employment, the Employer employer and employee covered by this enterprise agreement may agree to make an individual Employee may agree, by way of an Individual Flexibility Arrangement, flexibility arrangement to vary the application effect of terms of the terms of this Agreement relating to one agreement if: (a) the agreement deals with 1 or more of the following in order to meet the genuine needs of both the Employee and the Employermatters: (ai) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; orand (v) leave loading. (b) overtime ratesthe arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); orand (c) penalty ratesthe arrangement is genuinely agreed to by the employer and employee. 3.4.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; orand (b) are not unlawful terms under section 194 of the Fair Work Act 2009; (c) results in the employee being better off overall than the employee would be if no arrangement was made; and (d) allowances; or (e) annual leave loading. 10.2 An Individual Flexibility Arrangement the agreement must be one that is genuinely made by the Employer employer and the individual Employee employee without coercion or duress. 10.3 An Individual Flexibility Arrangement may only be made after 3.4.3 The employer must ensure that the individual Employee has commenced employment with the Employer. 10.4 An Employer who wishes to initiate the making of an Individual Flexibility Arrangement mustflexibility arrangement: (a) give the Employee a written proposalis in writing; and (b) advise includes the Employee name of their right to seek legal the employer and industrial advice in relation to the proposed Individual Flexibility Arrangementemployee; and (c) is signed by the employer and employee and if the Employer employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. (f) Except for sub-clause 3.4.3(c), the agreement does not require the consent or approval of another party. 3.4.4 If the employer is aware that the Employee employee has, or reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 An Individual Flexibility Arrangement 3.4.5 The employer must result in give the Employee being better off overall at employee a copy of the time the Individual Flexibility Arrangement individual flexibility arrangement within 14 days after it is made than if the Individual Flexibility Arrangement had not been madeagreed to. 10.6 An Individual Flexibility Arrangement must do all of 3.4.6 The employer or employee may terminate the following: individual flexibility arrangement: (a) state by giving no less than 28 days written notice to the names of other party to the Employer arrangement; or (b) if the employer and the Employee; andemployee agree in writing – at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 10.1 5.1 Despite anything else in this Agreement, the Employer an employer and an individual Employee employee may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the terms of this Agreement relating to one or more any of the following in order to meet the genuine needs of both the Employee employee and the Employeremployer: (a) arrangements about for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 5.2 An Individual Flexibility Arrangement agreement must be one that is genuinely made by the Employer employer and the individual Employee employee without coercion or duress. 10.3 5.3 An Individual Flexibility Arrangement agreement may only be made after the individual Employee employee has commenced employment with the Employeremployer. 10.4 5.4 An Employer employer who wishes to initiate the making of an Individual Flexibility Arrangement agreement must: (a) give the Employee employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer employer is aware that the Employee employee has, or reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 5.5 An Individual Flexibility Arrangement agreement must result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement agreement is made than if the Individual Flexibility Arrangement agreement had not been made. 10.6 5.6 An Individual Flexibility Arrangement agreement must do all of the following: : (a) state the names of the Employer employer and the Employeeemployee; and (b) identify the Agreement term, or Agreement terms, the application of which is to be varied; and (c) set out how the application of the Agreement term, or each Agreement term, is varied; and (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and (e) state the date the agreement is to start. 5.7 An agreement must be: (a) in writing; and (b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. 5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee. 5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee. 5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of the Agreement provided for by an agreement. 5.11 An agreement may be terminated: (a) at any time, by written agreement between the employer and the employee; or (b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 10.1 6.1 Despite anything else in this Agreement, the Employer an employer and an individual Employee employee may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the terms of this Agreement relating to one or more any of the following in order to meet the genuine needs of both the Employee employee and the Employeremployer: (a) arrangements about for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 6.2 An Individual Flexibility Arrangement individual flexibility arrangement (‘IFA’) must be one that is genuinely made by the Employer employer and the individual Employee employee without coercion or duress. 10.3 6.3 An Individual Flexibility Arrangement IFA may only be made after the individual Employee employee has commenced employment with the Employeremployer. 10.4 6.4 An Employer employer who wishes to initiate the making of an Individual Flexibility Arrangement IFA must: (a) give the Employee employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer employer is aware that the Employee employee has, or reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 An Individual Flexibility Arrangement 6.5 The employer must ensure that the terms of the IFA: (a) result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement agreement is made than if the Individual Flexibility Arrangement IFA had not been made; and (b) are about permitted matters under section 172 of the Act; and (c) are not unlawful terms under section 194 of the Act. 10.6 6.6 An Individual Flexibility Arrangement IFA must do all of the following: : (a) state the names of the Employer employer and the Employeeemployee; and (b) identify the Agreement term, or Agreement terms, the application of which is to be varied; and (c) set out how the application of the Agreement term, or each Agreement term, is varied; and (d) set out how the IFA results in the employee being better off overall at the time the IFA is made than if the IFA had not been made; and 6.7 An IFA must be: (a) in writing; and (b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. 6.8 Except as provided in clause 6.7(b), an IFA must not require the approval or consent of a person other than the employer and the employee. 6.9 The employer must keep the IFA as a time and wages record and give a copy to the employee. 6.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of this Agreement provided for by an IFA. 6.11 An IFA may be terminated: (a) at any time, by written agreement between the employer and the employee; or (b) by the employer or employee giving 28 days’ written notice to the other party. 6.12 An IFA terminated as mentioned in clause 6.11(b) ceases to have effect at the end of the period of notice required under that clause. 6.13 The right to make an IFA under clause 6 is additional to, and does not affect, any other term of this Agreement that provides for an agreement between an employer and an individual employee.

Appears in 1 contract

Sources: Staff Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement, the Employer ‌ 6.1 The Chief Executive Officer and an individual Employee employee covered by this Agreement may agree, by way of agree to make an arrangement (an Individual Flexibility Arrangement, ) to vary the application effect of the terms of this Agreement relating to if: (a) the arrangement deals with one or more of the following in order to meet the genuine needs of both the Employee and the Employermatters: (ai) arrangements about when work is performed; (ii) remuneration; (iii) overtime rates; (iv) allowances, including the annualisation and incorporation of any relevant allowance into salary, where it is provided for under this Agreement; (v) leave; and (b) the arrangement meets the genuine needs of IBA and the employee 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) result in the employee being better off overall than the employee would be if no arrangement was made. 6.3 The Chief Executive Officer 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 IBA and the employee (and if the employee is under 18 years of age, signed by a parent or guardian of the employee); and (d) includes details of: (i) the terms of 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 (iv) states the day on which the arrangement commences and, where applicable, when the arrangement ▇▇▇▇▇▇. 6.4 The Chief Executive Officer must give the employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to. 6.5 The Chief Executive Officer or employee may terminate the Individual Flexibility Arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 An Individual Flexibility Arrangement must be one that is genuinely made by the Employer and the individual Employee without coercion or duress. 10.3 An Individual Flexibility Arrangement may only be made after the individual Employee has commenced employment with the Employer. 10.4 An Employer who wishes to initiate the making of an Individual Flexibility Arrangement must: (a) give the Employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation Chief Executive Officer and employee agree in an appropriate language) to ensure that the Employee understands the proposal. 10.5 An Individual Flexibility Arrangement must result in the Employee being better off overall writing at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made. 10.6 An Individual Flexibility Arrangement must do all of the following: (a) state the names of the Employer and the Employee; andany time.‌

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 10.1 38.1 Despite anything else in this the Agreement, the Employer and an individual Employee employee may agree, by way of an Individual Flexibility Arrangement, agree to vary the application of the terms of this the Agreement relating to one or more any of the following in order to meet the genuine needs of both the Employee employee and the Employer: (a) arrangements about for when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 38.2 An Individual Flexibility Arrangement individual flexibility agreement (IFA) must be one that is genuinely made by the Employer and the individual Employee employee without coercion or duress. 10.3 38.3 An Individual Flexibility Arrangement IFA may only be made after the individual Employee employee has commenced employment with the Employer. 10.4 An Employer who wishes to 38.4 To initiate the making of an Individual Flexibility Arrangement IFA, the Employer must: (a) give the Employee employee a written proposal; and (b) advise the Employee of their right to seek legal and industrial advice in relation to the proposed Individual Flexibility Arrangement; and (c) if the Employer is aware that the Employee employee has, or reasonably should be aware that the Employee employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee employee understands the proposal. 10.5 38.5 An Individual Flexibility Arrangement IFA must result in the Employee employee being better off overall at the time the Individual Flexibility Arrangement IFA is made than if the Individual Flexibility Arrangement IFA had not been made. 10.6 38.6 An Individual Flexibility Arrangement IFA must do all of the following: : (a) state the names of the Employer and the Employeeemployee; and (b) identify the Agreement term, or Agreement terms, the application of which is to be varied; and (c) set out how the application of the Agreement term, or each Agreement term, is varied; and (d) set out how the IFA results in the employee being better off overall at the time the IFA is made than if the IFA had not been made; and (e) state the date the IFA is to start. 38.7 An IFA must be: (a) in writing; and (b) signed by the Employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian. 38.8 Except as provided in clause 38.7(b), an IFA must not require the approval or consent of a person other than the Employer and the employee. 38.9 The Employer must keep the IFA as a time and wages record and give a copy to the employee. 38.10 The Employer and the employee must genuinely agree, without duress or coercion to any variation of the Agreement provided for by an IFA. 38.11 An IFA may be terminated: (a) at any time, by written agreement between the Employer and the employee; or (b) by the Employer or employee giving 28 days written notice to the other party. 38.12 An IFA terminated as mentioned in clause 38.11(b) ceases to have effect at the end of the period of notice required under that clause. 38.13 The right to make an IFA under clause 38 is additional to, and does not affect, any other term of the Agreement that provides for an agreement between the Employer and an individual employee.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 10.1 Despite anything else in this Agreement, the Employer a) The employer and an employee covered by this enterprise agreement may agree to make an individual Employee may agree, by way of an Individual Flexibility Arrangement, flexibility arrangement to vary the application effect of terms of the terms of this Agreement relating to one agreement if: • The agreement deals with 1 or more of the following in order matters: o Arrangements about when work is performed and changes to meet starting/finishing times as prescribed by ▇▇▇▇▇▇ 11 of this Agreement; o The method of paying overtime rates; o The method of paying penalty rates and allowances; o Cashing out of annual leave, the taking of leave and the method of payment of leave loading; and o The arrangement meets the genuine needs of both the Employee employer and employee in relation to 1 or more of the Employermatters mentioned in paragraph (a); and o The arrangement is genuinely agreed to by the employer and employee and that no undue influence or pressure was exerted by the employer on the employee to make such agreement. b) The Company must ensure that the terms of the individual flexibility arrangement: • Are about permitted matters under section 172 of the Fair Work Act 2009; and • Are not unlawful terms under section 194 of the Fair Work Act 2009; and • results in the employee being better off overall than the employee would be if no arrangement was made. c) The Company must ensure that the individual flexibility arrasngement: (a) arrangements about when work is performed; or (b) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading. 10.2 An Individual Flexibility Arrangement must be one that is genuinely made by the Employer and the individual Employee without coercion or duress. 10.3 An Individual Flexibility Arrangement may only be made after the individual Employee has commenced employment with the Employer. 10.4 An Employer who wishes to initiate the making of an Individual Flexibility Arrangement must: (a) give the Employee a written proposala. Is in writing; and (b) advise b. Includes the Employee name of their right to seek legal the employer and industrial advice employee; and c. Is signed by the employer and employee and if the employee is under 18 d. includes details of: i. the terms of the enterprise agreement that will be varied by the arrangement; and ii. how the arrangement will vary the effect of the terms; and iii. how the employee will be better off overall in relation to the proposed Individual Flexibility Arrangementterms and conditions of his or her employment as a result of the arrangement; and (civ. states the day on which the arrangement commences. d) The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. e) The employer or employee may terminate the individual flexibility arrangement: a. by giving no more than 28 days written notice to the other party to the arrangement; or b. if the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation employer and employee agree in an appropriate language) to ensure that the Employee understands the proposal. 10.5 An Individual Flexibility Arrangement must result in the Employee being better off overall writing- at the time the Individual Flexibility Arrangement is made than if the Individual Flexibility Arrangement had not been made. 10.6 An Individual Flexibility Arrangement must do all of the followingany time. Signature: (....................................................................................... Name: ............A..l.i.s.t.a..i.r..B...e..l.l................................................................ Position: ........G...r.o..u..p...C...h..i.e..f..F..i.n..a) state the names of the Employer and the Employee; and..n..c.i.a..l..O...f.f.i.c.e..r..................................... Address: Date: ..............2..8...J.u..n..e...2..0..2..3..............................................................

Appears in 1 contract

Sources: Enterprise Agreement