Common use of Individual Flexibility Clause in Contracts

Individual Flexibility. (a) The parties to this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) the arrangement meets the genuine needs of the employer and employee in relation to the matters mentioned in paragraph (a); and (iii) the arrangement is genuinely agreed to by the employer and the employee. (b) Wilmar must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Act; and (ii) are not unlawful terms under section 194 of the Act; and (iii) results in the employee being better off overall than the employee would be if no arrangement was made. (c) Wilmar must ensure that the individual flexibility arrangement: (i) is in writing; (ii) includes the name of the employer and the employee; and (iii) 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 (iv) includes details of: (A) the terms of the enterprise agreement that will be varied by the arrangement; and (B) how the arrangement will vary the effect of the terms; and (C) 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 (v) states the day on which the arrangement commences. (d) ▇▇▇▇▇▇ must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) Wilmar or the employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if ▇▇▇▇▇▇ and the employee agree in writing – at any time.

Individual Flexibility. (a) The parties to An employer and employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if if: (1) 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) leave loading; and (2) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (iii3) the arrangement is genuinely agreed to by the employer and the employee. (b) Wilmar The employer must ensure that the terms of the individual flexibility arrangement: (i1) are about permitted matters under section 172 of the ActFair Work Act 2009; and (ii2) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (iii3) results result in the employee being better off overall than the employee would be if no arrangement was made. (c) Wilmar The employer must ensure that the individual flexibility arrangement: (i1) is in writing;; and (ii2) includes the name of the employer and the employee; and (iii3) 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 (iv4) includes details of: (Ai) the terms of the enterprise agreement that will be varied by the arrangement; and (Bii) how the arrangement will vary the effect of the terms; and (Ciii) 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 (v5) states the day on which the arrangement commences. (d) ▇▇▇▇▇▇ The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) Wilmar The employer or the employee may terminate the individual flexibility arrangement: (i1) by giving no more than 28 days written notice to the other party to the arrangement; or (ii2) if ▇▇▇▇▇▇ the employer and the employee agree in writing – — at any time. (f) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.

Individual Flexibility. (a) The parties to An employer and employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if if: (1) 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) leave loading; and (2) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (iii3) the arrangement is genuinely agreed to by the employer and the employee. (b) Wilmar The employer must ensure that the terms of the individual flexibility arrangement: (i1) are about permitted matters under section 172 of the Act; andFair (ii2) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (iii3) results result in the employee being better off overall than the employee would be if no arrangement was made. (c) Wilmar The employer must ensure that the individual flexibility arrangement: (i1) is in writing;; and (ii2) includes the name of the employer and the employee; and (iii3) 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 (iv4) includes details of: (Ai) the terms of the enterprise agreement that will be varied by the arrangement; and (Bii) how the arrangement will vary the effect of the terms; and (Ciii) 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 (v5) states the day on which the arrangement commences. (d) ▇▇▇▇▇▇ The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) Wilmar The employer or the employee may terminate the individual flexibility arrangement: (i1) by giving no more than 28 days written notice to the other party to the arrangement; or (ii2) if ▇▇▇▇▇▇ the employer and the employee agree in writing – — at any time. (f) The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this agreement.

Individual Flexibility. (a) The parties to 7.1. An employer and employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if if: a) the agreement deals with 1 one (1) or more of the following matters: (i) arrangements i. Arrangements about when work is performed; (ii. Overtime Rates; iii. Penalty Rates; iv. Allowances; v. Leave Loading; and b) the The arrangement meets the genuine needs of the employer and employee in relation to one (1) or more of the matters mentioned in paragraph (a); and (iiic) the The arrangement is genuinely agreed to by the employer and the employee. (b) Wilmar 7.2. The employer must ensure that the terms of the individual flexibility arrangement: (i) 7.2.1. are about permitted matters under section 172 of the ActFair Work Act 2009; and (ii) 7.2.2. are not unlawful terms under section 194 of the ActFair Work Act 2009; and (iii) results 7.2.3. result in the employee being better off overall than the employee would be if no arrangement was made. (c) Wilmar 7.3. The employer must ensure that the individual flexibility arrangement: (ia) is in writing;; and (iib) includes the name of the employer and the employee; and (iiic) 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 (ivd) includes details of: (A) i. the terms of the enterprise agreement that will be varied by the arrangement; and (B) ii. how the arrangement will vary the effect of the terms; and (C) 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 (v) iv. states the day on which the arrangement commences. (d) ▇▇▇▇▇▇ 7.4. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) Wilmar 7.5. The employer or the employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if ▇▇▇▇▇▇ the employer and the employee agree in writing – writing--at any time.

Individual Flexibility. (a) The parties to 3.1.1 An employer and employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if if: (a) the agreement deals with 1 or one of more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (iiii) the arrangement is genuinely agreed to by the employer and employee; and (ii) employer must respond to employees request within twenty-one (21) days, stating whether the employeeemployer grants or refuses the request. (b) Wilmar 3.1.2 The employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the ActFair Work Act 2009; and (iib) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (iiic) results result in the employee being better off overall than the employee would be if no arrangement was made. (c) Wilmar 3.1.3 The employer must ensure that the individual flexibility arrangement: (ia) is in writing;; and (iib) includes the name of the employer and the employee; and (iiic) 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 (ivd) includes details of: (Ai) the terms of the enterprise agreement that will be varied by the arrangement; and (Bii) how the arrangement will vary the effect of the terms; and (Ciii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of if the arrangement; and; (ve) states the day on which the arrangement commences. (d) ▇▇▇▇▇▇ 3.1.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. (e) Wilmar 3.1.5 The employer or the employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 twenty eight (28) days written notice to the other party to the arrangement; or (iib) if ▇▇▇▇▇▇ the employer and the employee agree in writing – at any time.

Individual Flexibility. (a) The parties to Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect terms of this Agreement so that: i. Unpaid parental leave can be extended for a period of up to three (3) years. ii. Community Service Leave may be utilised as agreed between the Company and the Employee. b) The arrangement is to be made at the instigation of the terms of the agreement if the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) the arrangement meets the genuine needs of the employer and employee in relation to the matters mentioned in paragraph (a)Employee; and (iiic) the arrangement is genuinely agreed to by the employer and the employee. (b) Wilmar The Company must ensure that the terms of the individual flexibility arrangement: (i) are i. Are about permitted matters under section 172 of the ActFair Work Act 2009; and (ii) are . Do not contain unlawful terms under within the meaning of section 194 of the ActFair Work Act 2009; and (iii) results . Result in the employee Employee being better off overall than the employee Employee would be if no arrangement was made. (cd) Wilmar The Company must ensure that the individual flexibility arrangement: (i) is i. Is in writing;; and (ii) includes . Includes the name of the employer Company and the employeeEmployee; and (iii) is . Is signed by the employer Company and employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and (iv) includes . Includes details of: (A) the : • The terms of the enterprise agreement Enterprise Agreement that will be varied by the arrangement; and (B) how and • How the arrangement will vary the effect of the terms; and (C) how and • How the employee 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 (v) states v. States the day on which the arrangement commencescommences and ceases. (d) ▇▇▇▇▇▇ must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) Wilmar The Company or the employee Employee may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if ▇▇▇▇▇▇ and the employee agree in writing – at any time.

Individual Flexibility. 4.1. Notwithstanding any other provision of this Agreement, an Employer and an individual employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the Employer and the individual employee. The terms that the Employer and the individual employee may agree to vary the application of are those concerning: (a) The parties to this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if the agreement deals with 1 or more of the following matters: (i) arrangements about for when work is performedperformed (including the timing and taking of breaks); (iib) the arrangement meets the genuine needs of the employer and employee in relation to the matters mentioned in paragraph overtime rates; (a)c) penalty rates; and (iiid) allowances 4.2. An Employer is required to ensure that any individual flexibility arrangement agreed under this clause: (a) is about matters that would be permitted matters if the individual flexibility arrangement is genuinely agreed to by the employer and the employee.were an Enterprise Agreement; (b) Wilmar must ensure does not include a term that would be an unlawful term if the terms of arrangement were an Enterprise Agreement; (c) is in writing, names the parties to the individual flexibility arrangement:arrangement and is signed by the Employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian; (id) are about permitted matters under section 172 states each term of this Agreement that the Act; andparties have agreed to vary; (iie) are not unlawful terms under section 194 details how the application of each term has been varied by agreement between the Act; andparties; (iiif) has been genuinely made without coercion or duress; (g) results in the employee being better off overall than the employee would be have been if no individual flexibility arrangement was made.had been agreed to; (ch) Wilmar must ensure that details how the individual flexibility arrangement:arrangement results in the individual employee being better off overall; (i) is in writing; (ii) includes states the name of date upon which the employer and the employeeindividual flexibility arrangement commences to operate; and (iiij) is signed by specifies that the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (iv) includes details ofarrangement may be terminated: (A) the terms i. by either party giving not more than 28 days’ notice of the enterprise agreement that will be varied by the arrangement; and (B) how the arrangement will vary the effect of the terms; and (C) how the employee will be better off overall termination, in relation writing, to the terms other party; or ii. at any time, by written agreement between the Employer and conditions of his or her employment as a result of the arrangement; and (v) states the day on which the arrangement commencesindividual employee. (d) ▇▇▇▇▇▇ 4.3. The Employer must give the individual employee a copy of the individual flexibility arrangement within 14 days after it is agreed toto and keep the agreement as a time and wages record. (e) Wilmar or the employee may terminate 4.4. Except as provided in clause 4.2(c), the individual flexibility arrangement: (i) by giving no more than 28 days written notice to arrangement must not require the approval or consent of a person other party to then the arrangement; or (ii) if ▇▇▇▇▇▇ Employer and the individual employee. 4.5. The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, and provision for an agreement between an Employer and an individual employee agree contained in writing – at any timeother term of this Agreement.

Individual Flexibility. (a) 3.4.1 The parties to Company and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility f lexibility arrangement to vary the effect of the terms of the agreement if agreement, if: a) the agreement deals with 1 one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) the overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and b) The arrangement meets the genuine needs of the employer Company and employee Employee in relation to the matter or matters mentioned in paragraph (a)that it deals with; and (iiic) the The arrangement is genuinely agreed to by the Company and Employee without coercion or duress. 3.4.2 An individual flexibility arrangement may only be made after the individual employee has commenced employment with the employer. 3.4.3 An employer and who wishes to initiate the making of an individual flexibility arrangement must: a) give the employee a written proposal; and b) if the employer 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. (b) Wilmar 3.4.4 If the employer proposes to enter into an individual flexibility arrangement with an employee, the employer must meet with the employee to discuss the proposal prior to entering the individual flexibility arrangement if the employee requests such a meeting. 3.4.5 The Company must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the ActFair Work Act 2009; and (ii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (iii) results result in the employee Employee being better off overall than the employee Employee would be if no individual flexibility arrangement was madewere agreed to. (c) Wilmar 3.4.6 The Company must ensure that the individual flexibility arrangement: (i) is in writing;; and (ii) includes the name of the employer Company and the employeeEmployee; and (iii) is signed by the employer Company and employee Employee and if the employee Employee is under 18 years of age, signed by a parent or guardian of the employeeEmployee; and (iv) includes details of: (A) 1. the terms of the enterprise agreement that will be varied by the arrangement; and (B) 2. how the arrangement will vary the effect of the terms; and (C) 3. how the employee 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 (v) states the day on which the arrangement commences; and (vi) describes how the individual flexibility arrangement can be terminated. (d) ▇▇▇▇▇▇ 3.4.7 The Company must give the employee Employee a copy of the individual flexibility f lexibility arrangement within 14 days after it is agreed to. (e) Wilmar 3.4.8 The Company or the employee Employee may terminate the individual flexibility f lexibility arrangement: (i) at any time, by agreement in writing between the employer and the employee; or (ii) by the employer or the employee giving no more than 28 days written notice to the other party party. 3.4.9 An individual flexibility arrangement terminated in accordance with clause 3.4.8(ii) ceases to have effect at the end of the period of notice required under that clause. 3.4.10 The employer or employee may use the dispute settlement procedure in this enterprise agreement to deal with disputes that may arise concerning the matters dealt with in the individual flexibility arrangement; or (ii) if ▇▇▇▇▇▇ and the employee agree in writing – at any time.

Individual Flexibility. (a) The parties to ‌ 40.1 An Company and employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if 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) leave loading; and (b) the arrangement meets the genuine needs of the employer Company and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (iiic) the arrangement is genuinely agreed to by the employer Company and the employee. (b) Wilmar 40.2 The Company must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the ActFair Work Act 2009; and (iib) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (iiic) results result in the employee being better off overall than the employee would be if no arrangement was made. (c) Wilmar 40.3 The Company must ensure that the individual flexibility arrangement: (ia) is in writing;; and (iib) includes the name of the employer Company and the employee; and (iiic) is signed by the employer Company and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (ivd) includes details of: (Ai) the terms of the enterprise agreement that will be varied by the arrangement; and (Bii) how the arrangement will vary the effect of the terms; and (Ciii) 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 (ve) states the day on which the arrangement commences. (d) ▇▇▇▇▇▇ 40.4 The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) Wilmar 40.5 The Company or the employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangement; or (iib) if ▇▇▇▇▇▇ the Company and the employee agree in writing – — at any time. 40.6 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an Company and an individual employee contained in any other term of this agreement.