Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. (1) The Secretary and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/or (vi) leave; and (b) the arrangement meets the genuine needs of the Department and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Secretary and employee. (2) The Secretary 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. (3) The Secretary 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 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 and, where applicable, when the arrangement ceases. (4) The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The Secretary 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 Secretary and employee agree in writing — at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (1) The Secretary 9.1 Despite anything else in this Agreement, Healthscope and an individual employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement deals with 1 one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates;; or (iii) penalty rates;; or (iv) allowances;; or (v) remuneration; and/or (vi) leaveannual leave loading; and (b) the arrangement meets the genuine needs of Healthscope and the Department and relevant employee in relation to 1 one (1) or more of the matters mentioned in paragraph (athis clause 9.1(a); and (c) the arrangement is genuinely agreed to by Healthscope and the Secretary and relevant employee, without coercion or duress. (2) The Secretary 9.2 Healthscope must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section s 172 of the Fair Work Act 2009; andAct, as amended or replaced from time to time; (b) are not unlawful terms under section s 194 of the Fair Work Act 2009Act, as amended or replaced from time to time; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The Secretary 9.3 Healthscope 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 Healthscope and the employer and employee and if the employee is under 18 eighteen (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 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 and, where applicable, when the arrangement ceasescommences. (4) The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The Secretary 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 Secretary and employee agree in writing — at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (1) The Secretary and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement arrangement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) employer superannuation contributions (vi) remuneration; and/or (vivii) leave; and (b) the arrangement meets the genuine needs of the Department and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Secretary and employee. (2) The Secretary must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009FW Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The Secretary 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 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 their employment as a result of the arrangement; and (e) states the day on which the arrangement commences and, where applicable, when the arrangement ceases. (4) The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The Secretary 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 Secretary and employee agree in writing — at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (1) The Secretary 9.1 ASIC and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement this Agreement if: (a) the agreement arrangement deals with 1 one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/or (vi) leave; and (b) the arrangement meets the genuine needs of the Department ASIC and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Secretary ASIC and employee. (2) The Secretary 9.2 ASIC 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. (3) The Secretary 9.3 ASIC 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 ASIC and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences andcommences, and where applicable, when the arrangement ceases▇▇▇▇▇▇. (4) The Secretary 9.4 ASIC must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The Secretary 9.5 ASIC or the 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 Secretary ASIC and employee agree in writing — at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (1) The Secretary 11.1 An employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/or (vi) leaveleave loading; and (b) the arrangement meets the genuine needs of the Department employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Secretary employer and employee. (2) 11.2 The Secretary 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; 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. (3) 11.3 The Secretary 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 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 and, where applicable, when the arrangement ceasescommences. (4) 11.4 The Secretary employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 11.5 The Secretary 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 Secretary employer and employee agree in writing — at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.. PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

Individual Flexibility Arrangements. 3.55 Individual flexibility arrangements (1) The Secretary and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement arrangement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) employer superannuation contributions (vi) remuneration; and/or (vivii) leave; and (b) the arrangement meets the genuine needs of the Department and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Secretary and employee. (2) The Secretary must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009FW Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) The Secretary 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 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 their employment as a result of the arrangement; and (e) states the day on which the arrangement commences and, where applicable, when the arrangement ceases. (4) The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The Secretary 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 Secretary and employee agree in writing — – at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.. Division 4.1 Working hours‌

Individual Flexibility Arrangements. (1a) The Secretary An employer and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (ai) it is solely at the agreement employees’ written request: and (ii) is for the purpose of family or personal reasons, or in relation to requests for flexible working arrangements under section 65 of the National Employment Standards. (iii) it deals with 1 or more of the following matters: (i) matter: a arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/or (vi) leave; and (b) the arrangement it meets the genuine needs of the Department employer and employee in relation to 1 or more of the matters matter mentioned in paragraph (ac); and (cv) the arrangement it is genuinely agreed to by the Secretary employer and employee. (2b) The Secretary employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. (3) . a The Secretary employer must ensure that the individual flexibility arrangement: (aiv) is in writing; and (bv) includes the name of the employer and employee; and (cvi) 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 (dvii) includes details of: (i) : a 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 and, where applicable, when the arrangement ceases. (4) The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The Secretary 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 Secretary and employee agree in writing — at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (1) The Secretary An employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/or (vi) leaveleave loading; and (b) the arrangement meets the genuine needs of the Department employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Secretary employer and employee. (2) The Secretary 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; 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. (3) The Secretary 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 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 and, where applicable, when the arrangement ceasescommences. (4) The Secretary employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The Secretary 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 Secretary employer and employee agree in writing — at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (1) The Secretary 8.1 An employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 one or more of the following matters: (i) arrangements about when work is performed; (ii) remuneration; (iii) overtime rates; (iiiiv) penalty rates; (ivv) allowances; (v) remuneration; and/or (vi) leaveleave loading; and (b) the arrangement meets the genuine needs of the Department employer and employee in relation to 1 one or more of the matters mentioned in paragraph (aclause 8.1(a); and (c) the arrangement is genuinely agreed to by the Secretary employer and employee. (2) 8.2 The Secretary 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; 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. (3) 8.3 The Secretary 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 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 and, where applicable, when the arrangement ceasescommences. (4) 8.4 The Secretary employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 8.5 The Secretary 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 Secretary employer and employee agree in writing — writing-at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (1) 19.1 The Secretary and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement arrangement deals with 1 one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/or (vi) leave; and (b) the arrangement meets the genuine needs of the Department department and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Secretary and employee. (2) 19.2 The Secretary 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. (3) 19.3 The Secretary 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 Secretary and employee and and, if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement 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 and, where applicable, when the arrangement ceases. (4) 19.4 The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) 19.5 The Secretary 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 Secretary and employee agree in writing — writing, at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (1) 5.1 The Secretary CEO and an employee covered by this enterprise agreement the Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of the agreement Agreement if: (a) the agreement IFA deals with 1 one or more of the following matters: (i) i. arrangements about when work is performed; (ii) . overtime rates; (iii) . penalty rates; (iv) . allowances; (v) v. remuneration; and/or (vi) . leave; and (b) the arrangement IFA meets the genuine needs of the Department CEO and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and (c) the arrangement IFA is genuinely agreed to by the Secretary CEO and employee. (2) 5.2 The Secretary CEO must ensure that the terms of the individual flexibility arrangementIFA: (a) are about permitted matters under section 172 of the Fair Work Act 2009FW Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. (3) 5.3 The Secretary CEO must ensure that the individual flexibility arrangementIFA: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer CEO 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) i. the terms of the enterprise agreement Agreement that will be varied by the arrangement; and (ii) . how the arrangement IFA will vary the effect of the terms; and (iii) . how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangementIFA; and (e) states the day on which the arrangement IFA commences and, where applicable, when the arrangement ceases. (4) 5.4 The Secretary CEO must give the employee a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. (5) 5.5 The Secretary CEO or employee may terminate the individual flexibility arrangementIFA: (a) by giving no more than 28 days written notice to the other party to the arrangementIFA; or (b) if the Secretary CEO and employee agree in writing — at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.

Individual Flexibility Arrangements. (‌ 1) The Secretary . ACON and an employee covered by this enterprise agreement Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement Agreement if: (a) the agreement arrangement deals with 1 one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) remuneration; and/orleave loading; (vi) leaveremuneration; and (b) the arrangement meets the genuine needs of ▇▇▇▇ and the Department and employee in relation to 1 one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by ▇▇▇▇ and the Secretary and employee. (2) The Secretary . ACON 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. (3) The Secretary . ACON 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 enterprise agreement 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 his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences and, where applicable, when the arrangement ceasescommences. (4) The Secretary . ▇▇▇▇ must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (5) The Secretary . ACON or the 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 ACON and the Secretary and employee agree in writing — - at any time. (6) An employee may elect to be represented by a representative of his or her choice in negotiating an individual flexibility arrangement.