Common use of Individual Flexibility Arrangements Clause in Contracts

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items: 37.1 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basis: a) the arrangement deals with one (1) or more of the following matters: i) arrangements about when work is performed; ii) overtime rates; iii) penalty rates; iv) allowances; v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j); b) the arrangement meets the genuine needs of the University and staff member in relation to the matters mentioned in subclause 37.1 a); and c) the arrangement is genuinely agreed to by the University and staff member. 37.2 The University 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 staff member being better off overall than the staff member would be if no arrangement was made. 37.3 The University must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of the University and staff member; and c) is signed by the University and staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; 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 staff member will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; e) states the day on which the arrangement commences; and f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 The University must give the staff member a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed. 37.5 The University or staff member may terminate the individual flexibility arrangement: a) by giving no more than twenty eight (28) days written notice to the other party to the arrangement; or b) if the University and the staff member agree in writing — at any time. 38.1 Staff development is an essential and necessary part of the performance management program.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria 24.1 The employer and items: 37.1 The University and a staff member an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on if the following basisarrangement: (a) the arrangement deals with one (1) or more of the following mattersmatters of:: (i) arrangements about when work is performed; (ii) meal breaks; (iii) restriction duty; (iv) overtime rates; iii(v) penalty ratesrecreation leave loading; iv(vi) penalties; or (vii) allowances;. v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j); (b) the arrangement meets the genuine needs of the University employee and staff member in relation to the matters mentioned in subclause 37.1 a)employer; and (c) the arrangement is genuinely agreed to by the University employer and staff memberthe employee. 37.2 24.2 The University employer must ensure that the terms of the individual flexibility arrangement: (a) are about matters that would be permitted matters under section 172 of if the Actarrangement were an enterprise agreement; (b) do not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and b) are not unlawful terms under section 194 of the Act; and (c) result in the staff member employee being better off overall than the staff member employee would be have been if no individual flexibility arrangement was made.were agreed to. NTPS Aboriginal Health Practitioner 2022 - 2025 Enterprise Agreement 37.3 24.3 The University employer must ensure that the individual flexibility arrangement: (a) is in writing; and; (b) includes the name of the University and staff member; and c) is signed by the University employer and staff member the employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff member; andemployee; d(c) includes include the 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 staff member 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; e) states the day on which the arrangement commences; and f(d) does not require that anyone else approve the period of operation of the arrangement. 24.4 To take effect, the individual flexibility arrangement must be approved by the Commissioner and implemented via a Determination or other than the staff member appropriate instrument and the University. 37.4 The University CEO must give the staff member employee a copy of the individual flexibility arrangement Determination or other appropriate instrument within fourteen (14) 14 days after it is agreedof the Commissioner’s approval. 37.5 24.5 The University employer or staff member employee may terminate the individual flexibility arrangement: (a) by giving no written notice of not more than twenty eight (28) 28 days written notice to the other party to the arrangement; or (b) if the University employer and the staff member employee agree in writing at any time. 24.6 An employee may choose to be represented by their nominated representative in relation to the development and implementation of an individual flexibility arrangement. 38.1 Staff development is an essential 25 Variation to Working Arrangements for Groups of Employees 25.1 A group of employees and necessary part the agency may agree to depart from the standard approach specified in or developed in accordance with this Agreement, including amongst other matters: (a) hours of work, including rostered days off, restricted duties, flextime or longer and/or more frequent unpaid breaks during the day; (b) commuted salaries or allowances; (c) meal breaks; and (d) leave. 25.2 Agreements to vary working arrangements will: (a) result in more efficient operations; NTPS Aboriginal Health Practitioner 2022 - 2025 Enterprise Agreement (b) be genuinely agreed to by the majority of employees involved; (c) result in employees being better off overall than the employees would have been if no variation had been made; (d) be recorded in writing and approved by the CEO; (e) include a mechanism to terminate and/or review the agreement; and (f) require approval of the performance management programCommissioner and implementation via a Determination or other appropriate instrument. 25.3 Employees may choose to be represented by their nominated representative in relation to the development and implementation of working arrangements under this clause. 25.4 Relevant unions will be consulted on proposed arrangements prior to the approval of the Commissioner.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria (a) Screen Australia and items: 37.1 The University and a staff member an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif: a(i) the arrangement agreement deals with one (1) or more of the following matters: i(A) arrangements about when work is performed; ii(B) overtime rates; iii(C) penalty rates; iv(D) allowances; v(E) the taking of additional remuneration; and (F) leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner and leave entitlements provided for in sub-clause 45.2 j);loading; and b(ii) the arrangement meets the genuine needs of Screen Australia and the University and staff member employee in relation to one or more of the matters mentioned in subclause 37.1 aclause 8(a)(i); and c(iii) the arrangement is genuinely agreed to by Screen Australia and the University and staff memberemployee. 37.2 The University (b) Screen Australia must ensure that the terms of the individual flexibility arrangement: a(i) are about permitted matters under section 172 of the FW Act; and; b(ii) are not unlawful terms under section 194 of the FW Act; and c(iii) result in the staff member employee being better off overall than the staff member employee would be if no arrangement was made. 37.3 The University (c) Screen Australia must ensure that the individual flexibility arrangement: a(i) is in writing; and; b(ii) includes the name of Screen Australia and the University and staff member; andemployee; c(iii) is signed by Screen Australia and the University and staff member and employee and, if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff memberemployee; and d(iv) includes details of: i(A) the terms of the enterprise agreement that will be varied by the arrangement; and; ii(B) how the arrangement will vary the effect of the terms; and; iii(C) how the staff member 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(v) states the day on which the arrangement commences; and f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 The University (d) Screen Australia must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to. 37.5 The University (e) Screen Australia or staff member the employee may terminate the individual flexibility arrangement: a(i) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or b(ii) if the University Screen Australia and the staff member employee agree in writing at any time. 38.1 Staff development is an essential . (f) Screen Australia and necessary part of the performance management programemployee are to review the individual flexibility arrangement at least every 12 months.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the ActG4.1. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria The Director-General and items: 37.1 The University and a staff member an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif: a) a. the arrangement Agreement deals with one (1) or more of the following matters: i) i. arrangements about when work is performed; ii) . overtime rates; iii) . penalty rates; iv) . allowances; v) the taking of additional v. remuneration; and vi. leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner and leave entitlements provided for in sub-clause 45.2 j);loading; and b) b. the arrangement meets the genuine needs of the University ASA and staff member the employee in relation to one or more of the matters mentioned in subclause 37.1 a)G4.1.a; and c) c. the arrangement is genuinely agreed to by the University ASA and staff memberemployee. 37.2 G4.2. The University agency must ensure that the terms of the individual flexibility arrangement: a) a. are about permitted matters under section 172 of the FW Act; and; b) b. are not unlawful terms under section 194 of the FW Act; and c) c. result in the staff member employee being better off overall than the staff member employee would be if no arrangement was made. 37.3 G4.3. The University ASA must ensure that the individual flexibility arrangement: a) a. is in writing; and; b) b. includes the name of the University ASA and staff member; andthe employee; c) c. is signed by the University Director-General and staff member employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff memberemployee; and d) 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 will vary the effect of the terms; and; iii) . how the staff member 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) iv. states the day on which the arrangement commences; and f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 G4.4. The University Director-General must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to. 37.5 G4.5. The University Director-General or staff member employee may terminate the individual flexibility arrangement: a) a. by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or b) b. if the University Director-General and the staff member employee agree in writing at any time. G4.6. 38.1 Staff The Director-General and employee are to review the individual flexibility arrangement at least every 12 months. Part H – Professional development and capability building‌‌‌ 1. Mandatory training is an essential aimed at ensuring the ASA’s employees understand their employment conditions and necessary part their responsibilities as employees of the performance management program.ASA and the APS. All employees must update or refresh their knowledge of key responsibilities on a regular basis, through the completion of awareness programs which include training within the following topics: a. The ASA and APS Employment Framework b. Workplace Behaviour c. Security d. Work Health and Safety

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria 5.1 Calvary and items: 37.1 The University and a staff member an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basisagreement if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);loading; and (b) the arrangement meets the genuine needs of the University Calvary and staff member employee in relation to one or more of the matters mentioned in subclause 37.1 aclause 5.1(a); and (c) Calvary and the arrangement is individual employee must have genuinely agreed to by made the University and staff memberagreement without coercion or duress. 37.2 The University 5.2 Calvary must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act; and (b) are not unlawful terms under section 194 of the Fair Work Act; and (c) result in the staff member employee being better off overall than the staff member employee would be if no arrangement was made. 37.3 The University 5.3 Calvary must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of ▇▇▇▇▇▇▇ and the University and staff memberemployee; and (c) is signed by Calvary and the University and staff member employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff memberemployee; 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 staff member 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. f) does 5.4 Except as provided in clause 5.3(c), an agreement must not require that anyone else approve the arrangement, approval or consent of a person other than the staff member employer and the Universityemployee. 37.4 The University 5.5 Calvary must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to. 37.5 The University 5.6 Calvary or staff member the employee may terminate the individual flexibility arrangement: (a) by giving no more than twenty eight (28) days 13 weeks written notice to the other party to the arrangementarrangement (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013); or (b) if the University Calvary and the staff member employee agree in writing — at any time. 5.7 Remaining subject to the requirements of clause 5.2 and provided the monetary benefits waived are directly related to the changes requested, where an Individual Flexibility Arrangement is: (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 shall be regarded to be of equal or more value than any monetary benefits waived. 38.1 Staff development is an essential ILLUSTRATIVE EXAMPLES: are at paragraphs 860 and necessary part 867 of the performance management programFair Work Bill 2008 Explanatory Memorandum.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. 23.1 This clause constitutes the flexibility term required by referred to in section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items:Fair Work Act 2009 (Cth). 37.1 23.2 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif: (a) the arrangement deals with one (1) or more of permits the following matters: i) arrangements about when work is performed; ii) overtime rates; iii) penalty rates; iv) allowances; v) staff member to convert the taking of additional recreation leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements loading provided for in sub-clause 45.2 j);50.6 to three (3) days Additional Recreation Leave (“ARL”) in accordance with the relevant policy and procedure; and (b) the arrangement meets the genuine needs of the University and the staff member in relation to one (1) or more of the matters mentioned in subclause 37.1 paragraph (a); and (c) the arrangement is genuinely agreed to by the University and the staff member; (d) the arrangement does not require that anyone else approve it other than the staff member and the University. 37.2 23.3 The University must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the staff member being better off overall than the staff member would be if no arrangement was made. 37.3 23.4 The University must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the University Head of Organisational Unit and the staff member; and (c) is signed by the University Head of Organisational Unit and the staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; 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 staff member 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 f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 23.5 The University employer must give the staff member a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to. 37.5 23.6 The University employer or staff member may terminate the individual flexibility arrangement: (a) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or (b) if the University employer and the staff member agree in writing — at any time. 38.1 Staff development is . 23.7 The arrangement to convert recreation leave loading to ARL will normally be entered into on an essential annual basis and necessary part of in accordance with the performance management programrelevant policy and procedure.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items: 37.1 The University 2.2.1 Coles and a staff team member covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basisagreement if: (a) the arrangement agreement deals with one (1) 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);loading; and (b) the arrangement meets the genuine needs of Coles and the University and staff team member in relation to 1 or more of the matters mentioned in subclause 37.1 a2.2.1(a); and (c) the arrangement is genuinely agreed to by Coles and the University and staff team member. 37.2 The University 2.2.2 Coles 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 staff team member being better off overall than the staff team member would be if no arrangement was made. 37.3 The University 2.2.3 Coles must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Coles and the University and staff team member; and (c) is signed by an authorised representative of Coles and the University and staff team member and if the staff team member is under 18 years of age, signed by a parent or guardian of the staff team member; 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 staff team member 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 f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 The University 2.2.4 Coles must give the staff team member a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to. 37.5 The University 2.2.5 Coles or staff the team member may terminate the individual flexibility arrangement: (a) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or (b) if the University Coles and the staff team member agree in writing -­‐ at any time. 38.1 Staff development is an essential and necessary part of the performance management program.Part 3 – CONSULTATION AND DISPUTE RESOLUTION

Appears in 1 contract

Sources: Coles Supermarkets Enterprise Agreement 2017

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria 2.3.1 An Employer and items: 37.1 The University and a staff member an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basis:if; a) the arrangement deals with The clauses of this Agreement that are subject to flexibility are one (1) or more of the following matters: (i) arrangements Parental leave (ii) Compassionate leave (iii) Single day absences for Annual Leave; (iv) Jury service leave; and (v) Arrangements about when work is performed; ii) overtime rates; iii) penalty rates; iv) allowances; v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);. b) the The arrangement meets the genuine needs of the University Employer and staff member the employee in relation to one (1) or more of the matters mentioned in subclause 37.1 paragraph (a); and c) the The arrangement is genuinely agreed to by the University Employer and staff memberthe employee. 37.2 2.3.2 The University must Employer will ensure that the terms of the individual flexibility arrangementarrangement comply with the Act, including that they: a) are Are about permitted matters under section 172 of the Actmatters; and b) are Are not unlawful terms under section 194 of the Actterms; and c) result Result in the staff member employee being better off overall than the staff member employee would be if no arrangement was were made. 37.3 2.3.3 Where an employee wants to enter into an individual flexibility arrangement, he or she should notify the relevant Employer’s manager of variation sought. 2.3.4 The University Employer must also ensure that the individual flexibility arrangementarrangement is: a) is in In writing; and b) includes Includes the name of the University Employer and staff memberthe employee; and c) is signed Signed by the University Employer and staff member the employee, and if the staff member employee is under 18 years of ageage eighteen (18), signed by a parent or guardian of the staff memberemployee; and d) includes details of: i) of the terms of the enterprise agreement this Agreement that will be varied by the arrangement; and ii) varied, how the arrangement will vary the effect of the terms; and iii) , how the staff member employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; e) states , and the day on which the arrangement commences; and f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 2.3.5 The University Employer must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreedagreed to. 37.5 The University 2.3.6 Either the Employer or staff member the employee may terminate the individual flexibility arrangement:; a) by giving no more than twenty eight (28) days written notice to the other party to the arrangement; or b) if the University and the staff member agree in writing — at any time. 38.1 Staff development time by both parties agreeing in writing. 2.3.7 There is no requirement that any individual flexibility arrangement agreed by the Employer and an essential and necessary part of employee be approved by or consented to by any other party whether before or after the performance management programarrangement has been agreed to.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria 9.1 An Employer CLC and items: 37.1 The University and a staff member covered by this Agreement employee may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif: a) 9.1.1 the arrangement deals with one (1) 1 or more of the following matters: i(a) arrangements about when work is performed; ii(b) overtime rates; iii(c) penalty rates; iv(d) allowances; v(e) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);loading; and b) 9.1.2 the arrangement meets the genuine needs of the University Employer CLC and staff member employee in relation to the matter or matters mentioned in subclause 37.1 a)it deals with; and c) 9.1.3 the arrangement is genuinely agreed to by the University Employer CLC and staff memberemployee, without coercion or duress. 37.2 9.2 An individual flexibility arrangement may only be made after the individual employee has commenced employment with the Employer CLC. 9.3 An Employer CLC who wishes to initiate the making of an individual flexibility arrangement must: 9.3.1 give the employee a written proposal; and 9.3.2 if the Employer CLC is aware that the employee has, or should reasonably be aware that the employee may have, limited understanding of written English, take reasonable steps to ensure that the employee understands the proposal. 9.4 If the Employer CLC proposes to enter into an individual flexibility arrangement with an employee, the Employer CLC must meet with the employee to discuss the proposal prior to entering the individual flexibility arrangement if the employee requests such a meeting. 9.5 The University Employer CLC must ensure that the terms of the individual flexibility arrangement: a) 9.5.1 are about permitted matters under section 172 of the FW Act; and b) 9.5.2 are not unlawful terms under section 194 of the FW Act; and c) 9.5.3 result in the staff member employee being better off overall than the staff member employee would be have been if no individual flexibility arrangement was madewere agreed to. 37.3 9.6 The University Employer CLC must ensure that the individual flexibility arrangement: a) 9.6.1 is in writing; and b) 9.6.2 includes the name of the University Employer CLC and staff memberemployee; and c) 9.6.3 is signed by the University Employer CLC and staff member and employee and, if the staff member employee is under 18 years of age, is signed by a parent or guardian of the staff memberemployee; and d) 9.6.4 includes details of: i(a) the terms of the enterprise agreement Agreement that will be varied by the arrangement; and ii(b) how the arrangement will vary the effect of the terms; and iii(c) how the staff member 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) 9.6.5 states the day on which the arrangement commences; and f) does not require that anyone else approve 9.6.6 describes how the arrangement, other than the staff member and the Universityindividual flexibility arrangement can be terminated. 37.4 9.7 The University Employer CLC must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to. 37.5 9.8 The University Employer CLC or staff member employee may terminate the individual flexibility arrangement: a) 9.8.1 at any time, by agreement in writing between the employer and the employee; or 9.8.2 by the Employer CLC or the employee giving no more than twenty eight (28) days 28 days’ written notice to the other party party. 9.9 An individual flexibility arrangement terminated in accordance with clause 9.8.2 ceases to have effect at the arrangement; or b) if the University and the staff member agree in writing — at any time. 38.1 Staff development is an essential and necessary part end of the performance management programperiod of notice required under that clause. 9.10 The Employer CLC or employee may use the dispute settlement procedure in this Agreement to deal with disputes that may arise concerning the matters dealt with in the individual flexibility arrangement.

Appears in 1 contract

Sources: Multi Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes 28.1 Full time and part-time employees who have worked with the flexibility term required by section 202 of the Act. In addition to the Employer for at least 12 months, and some casual employees, can request flexible work working arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria NES. 28.2 An Employer and items: 37.1 The University and a staff member Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement on the following basisif: (a) the arrangement Agreement deals with one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);loading; and (b) the arrangement meets the genuine needs of the University Employer and staff member employee in relation to one (1) or more of the matters mentioned in subclause 37.1 paragraph (a); and (c) the arrangement is genuinely agreed to by the University Employer and staff memberEmployee. 37.2 28.3 The University Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009 ; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009 ; and (c) result in the staff member Employee being better off overall than the staff member Employee would be if no arrangement was made. 37.3 28.4 The University Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the University Employer and staff memberEmployee; and (c) is signed by the University Employer and staff member Employee and if the staff member Employee is under 18 years of age, signed by a parent or guardian of the staff memberEmployee; and (d) includes details of: (i) the terms of the enterprise agreement 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 staff member 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 f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 28.5 The University Employer must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreedagreed to. 37.5 28.6 The University Employer or staff member Employee may terminate the individual flexibility arrangement: (a) by giving no more than twenty twenty-eight (28) days written notice to the other party to the arrangement; or (b) if the University Employer and the staff member Employee agree in writing at any time. 38.1 Staff development is an essential and necessary part of the performance management program.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items: 37.1 (a) 6 The University and a any member of staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement on the following basisif: (a) the arrangement permits deals with one (1) or more of the following staff member tofollowing matters: (i) allocation of work a reduced number of weeks over a 12 month period and take additional leave, with a proportionate reduction arrangements about when work is performed; (ii) provision of monetary benefits in their Salary and anylieu of one or more of the following: (A) overtime rates; iii(B) penalty rates;shift loadings to which they are entitled; (C) allowances specified in this Agreement; (D) employer superannuation contributions iv) allowances; v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j); (b) the arrangement meets the genuine needs of the University and staff member in relation to one or more of the matters mentioned referred to in subclause 37.1 a)paragraph (ia) of this clause; and (c) the arrangement is genuinely agreed to by the University and the staff member. 37.2 The (d) An individual flexibility arrangement may be made in relation to superannuation only if the University must ensure that the terms of would, but for the individual flexibility arrangement: a) are about permitted matters under section 172 , be required to make employer contributions that exceed the minimum contributions specified in the Superannuation Guarantee legislation. In these circumstances, the University and a member of staff may make an individual flexibility arrangement to provide for the University to pay superannuation contributions to a fund of the Act; and b) are not unlawful terms under section 194 of staff member’s choice at the Act; and c) result rate specified in the Superannuation Guarantee legislation and pay the staff member being better off overall than a loading equal to the staff member balance of the superannuation contributions that would be if no arrangement was madehave otherwise been paid. 37.3 (b) The University must ensure that the individual flexibility arrangement: a(i) is in writing; and; b(ii) includes the name of the University and the staff member; and; c(iii) is signed by the University and the staff member and and, if the staff member is under 18 years of age, is signed by a parent or guardian of the staff member; and d(iv) includes details of: i) of the terms of the enterprise agreement this Agreement that will be varied by the arrangement and how they will be varied. (c) The University must ensure that the terms of any individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work ▇▇▇ ▇▇▇▇ (Cth); (ii) are not unlawful terms under section 194 of the Fair Work ▇▇▇ ▇▇▇▇ (Cth); (iii) result in the staff member being better off overall than he or she would be if no arrangement was made; and ii(iv) how the arrangement will vary the effect of the terms; and iii) how do not result in the staff member will be better off overall in relation to being provided with any payment or benefit that is inconsistent with the terms and conditions of his or her employment as a result of National Employment StandardStandards under the arrangement; e) states the day on which the arrangement commences; and f) does not require that anyone else approve the arrangement, other than the staff member and the UniversityFair Work ▇▇▇ ▇▇▇▇ (Cth). 37.4 (d) The University must give the staff member a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to by them. 37.5 (e) The University or the staff member may terminate the individual flexibility arrangement: a(i) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangementagreement; or b(ii) if the University and the staff member agree in writing at any time. 38.1 Staff development 8 The University is an essential committed to employment practices that help prevent and necessary part eliminate discrimination on the basis of the performance management programrace, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, trade union membership and activity, national extraction or social origin.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the A flexible work arrangements in clause 36arrangement is an agreement that is mutually agreed to, and which meets the genuine needs of an individual flexibility arrangements may be made in accordance with employee and the following criteria Council by: • balancing home/work life commitments • ensuring that appropriate levels of customer service are maintained • ensuring that productivity and items: 37.1 The University work performance are maintained • improving work performance through Council’s acknowledgement of work and a staff member family issues • providing opportunities for career development, professional growth and multi skilling. Any parties covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement on the following basisagreement if: (a) the arrangement The agreement deals with one (1) or more of the following matters: i) arrangements : • Arrangements about when work is performed;performed • Overtime rates • Penalty rates • Allowances • Leave loading. ii) overtime rates; iii) penalty rates; iv) allowances; v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j); (b) the The arrangement meets the genuine needs of Council and the University and staff member employee in relation to one or more of the matters mentioned in subclause 37.1 paragraph (a); and (c) the The arrangement is genuinely agreed to by Council and the University and staff member. 37.2 The University employee. Council must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 of the Act; andFair Work Act 2009 (b) are Are not unlawful terms under section 194 of the Act; andFair Work Act 2009 (c) result Result in the staff member employee being better off overall than the staff member employee would be if no arrangement was made. 37.3 The University . Council must ensure that the individual flexibility arrangement: (a) is Is in writing; and (b) includes Includes the name of the University employer and staff member; andemployee (c) is Is signed by the University employer and staff member employee and if the staff member employee is under 18 years of age, signed by a parent or guardian of the staff member; andemployee (d) includes Includes details of: (i) the The terms of the enterprise agreement that will be varied by the arrangement; and (ii) how How the arrangement will vary the effect of the terms; and (iii) how How the staff member employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement;. (e) states States the day on which the arrangement commences; and f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 The University . Council must give the staff member employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed. 37.5 The University agreed to. Council or staff member the employee may terminate the individual flexibility arrangement: (a) by By giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; arrangement or (b) if If the University Council and the staff member employee agree in writing — at any time. 38.1 Staff development is an essential and necessary part of the performance management program.

Appears in 1 contract

Sources: Gannawarra Shire Council Enterprise Bargaining Agreement No 10 (2022)

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act12.1. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria Toll Global Logistics and items: 37.1 The University and a staff member any Team Member covered by this Enterprise Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of this Agreement on the following basisagreement if: a) the arrangement The agreement deals with one (1) or more of the following matters: i) : i arrangements about for when work is performed; ii) , such as working hours; ii overtime rates; iii) ; iii penalty rates; iv) ; iv allowances; v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);; and b) the leave loading;the arrangement meets the genuine needs of Toll Global Logistics and the University and staff member Team Member in relation to 1 or more of the matters mentioned in subclause 37.1 paragraph (a); and c) the arrangement is genuinely agreed to by Toll Global Logistics and the University and staff memberTeam Member. 37.2 The University 12.2. Toll Global Logistics must ensure that the terms of the individual flexibility arrangementIFA: a) are 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 staff member Team Member being better off overall than the staff member employee would be if no arrangement was made. 37.3 The University 12.3. Toll Global Logistics must ensure that the individual flexibility arrangementIFA: a) is Is in writing; and b) includes the name of Toll Global Logistics and the University and staff memberTeam Member; and c) is signed by Toll Global Logistics and the University and staff member Team Member and if the staff member Team Member is under 18 years of age, signed by a parent or guardian of the staff memberTeam Member; and d) includes details of: i) the i. The terms of the enterprise agreement 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 staff member Team Member 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 f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 The University 12.4. Toll Global Logistics must give the staff member Team Member a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreedagreed to. 37.5 The University 12.5. Toll Global Logistics or staff member the Team Member may terminate the individual flexibility arrangementIFA: a) by i. By giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or b) ii. if the University Toll Global Logistics and the staff member Team Member agree in writing — writing, at any time. 38.1 Staff development is an essential and necessary part of the performance management program.

Appears in 1 contract

Sources: Enterprise Agreement

Individual Flexibility Arrangements. This clause constitutes the flexibility term required by section 202 of the Act. In addition to the flexible work arrangements in clause 36, individual flexibility arrangements may be made in accordance with the following criteria and items: 37.1 The University and a 23.1 An academic or professional staff member covered by this Agreement may agree to make an individual flexibility arrangement ("IFA") with the University to vary the effect of terms of this Agreement on the following basisagreement if: (a) the arrangement deals with one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) the taking of additional leave without pay by a partner consequent upon the birth or adoption of a child, in addition to the partner leave entitlements provided for in sub-clause 45.2 j);loading; and (b) the arrangement meets the genuine needs of the University and the staff member in relation to one or more of the matters mentioned in subclause 37.1 aclause 23.1(a); and (c) the arrangement is genuinely agreed to by the University and staff member. 37.2 23.2 The University must ensure that the terms of the individual flexibility arrangement: a) IFA are about permitted matters under section 172 of the Act; and b) , and are not unlawful terms under section 194 of the Act; and c) , and will result in the staff member being better off overall than the staff member would be if no arrangement was made. 37.3 23.3 The University must ensure that the individual flexibility arrangementIFA: (a) is in writing; and (b) includes the name of the University and the staff member; and (c) is signed by the University and staff member and and, if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; 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 staff member 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 f) does not require that anyone else approve the arrangement, other than the staff member and the University. 37.4 23.4 The University must give the staff member a copy of the individual flexibility arrangement IFA within fourteen (14) 14 days after it is agreedagreed to. 37.5 23.5 The University or staff member may terminate the individual flexibility arrangement: a) IFA by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; arrangement or b) if the University and the staff member agree , by mutual agreement in writing — writing, at any time. 38.1 Staff development is an essential and necessary part of the performance management program.

Appears in 1 contract

Sources: Enterprise Agreement