Common use of Individual Flexibility Clause in Contracts

Individual Flexibility. Notwithstanding any other provision of this Agreement, the Company and an individual Employee may agree to vary the arrangements for when work is performed to meet the genuine needs of the individual Employee and the Company. The Company and the individual Employee must have genuinely made the agreement without coercion or duress. The agreement between the Company and the individual Employee must: i) be confined to a variation for when work is performed; and ii) have a ‘cooling off’ period of five working days after the commencement of the flexibility agreement; and iii) not disadvantage the individual Employee in relation to the individual Employee’s terms and conditions of employment. For the purposes of this clause, the agreement will be taken not to disadvantage the individual Employee in relation to the individual employee’s terms and conditions of employment if: i) the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual Employee under this Agreement; and ii) the agreement does not result in a reduction in the terms and conditions of employment of the individual Employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory. The agreement between the Company and the individual Employee must also: i) be in writing, name the parties to the agreement and be signed by an authorised Company representative and the individual Employee and, if the Employee is under 18 years of age, the Employee’s parent or guardian;