Individual Flexibility. 44.1 The Company 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: 44.1.1 the arrangement deals with the following matters: 44.1.2 arrangements about when work is performed; 44.1.3 the arrangement meets the genuine needs of the Company and the Employee in relation to the matter mentioned in paragraph(a); and 44.1.4 the arrangement is genuinely agreed to by the Company and the Employee. 44.2 The Company must ensure that the terms of the individual flexibility arrangement: 44.2.1 are about permitted matters under section 172 of the Act; and 44.2.2 are not unlawful terms under section 194 of the Act; and 44.2.3 result in the Employee being better off overall than the Employee would be if arrangement was made. 44.3 The Company must ensure that the individual flexibility arrangement: 44.3.1 is in writing; and 44.3.2 includes the name of the Company and the Employee; and 44.3.3 is signed by the Company and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and 44.3.4 includes details of: (a) the terms of the 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 (d) states the day on which the arrangement commences. 44.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 44.5 The Company or Employee may terminate the individual flexibility arrangement by giving thirteen (13) weeks written notice to the other party to the arrangement.
Appears in 3 contracts
Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Individual Flexibility. 44.1 39.1. The Company and an Employee covered by this Enterprise Agreement individual employee may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
44.1.1 agreement if the arrangement agreement deals with one or more of the following matters:
44.1.2 (a) arrangements about for when work is performed;
44.1.3 the (b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
39.2. The arrangement meets should meet the genuine needs of the Company and the Employee employee in relation to 1 or more of the matter matters mentioned in paragraph(a); and
44.1.4 the arrangement is paragraph 39.1 and must be genuinely agreed to by the Company and the Employeeemployee.
44.2 39.3. The Company must ensure that the terms of the individual flexibility arrangement:
44.2.1 (a) are about permitted matters under section 172 of the Act; and
44.2.2 (b) are not unlawful terms under section 194 of the Act; and
44.2.3 (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made.
44.3 39.4. The Company must ensure that the individual flexibility arrangement:
44.3.1 (a) is in writing; and
44.3.2 (b) includes the name of the Company and the Employeeemployee; and
44.3.3 (c) is signed by the Company and the Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and
44.3.4 (d) includes details of:
(ai) the terms of the Agreement 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 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
(div) states the day on which the arrangement commences.
44.4 39.5. The Company must give the Employee individual employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
44.5 39.6. The agreement may be terminated:
(a) by the Company or Employee may terminate the individual flexibility arrangement by employee giving thirteen (13) weeks no more than 28 days written notice to the other party party; or
(b) at any time, by written agreement between the Company and the individual employee.
39.7. 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 the arrangementCompany and an individual employee contained in any other term of this Agreement.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility. 44.1 The Company 2.1.1 UCH and an Employee employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
44.1.1 the a) The arrangement deals with the following matters:
44.1.2 arrangements about when - When work is performed;; or - Overtime rates, penalty rates, and allowances; and
44.1.3 the b) The arrangement meets the genuine needs of the Company UCH and the Employee employee in relation to one or more of the matter matters mentioned in paragraph(aparagraph (a); and
44.1.4 the c) The arrangement is genuinely agreed to by the Company UCH and the Employeeemployee.
44.2 The Company 2.1.2 UCH must ensure that the terms of the individual flexibility arrangement:
44.2.1 a) are about permitted matters under section 172 of the Act; and
44.2.2 b) are not unlawful terms under section 194 of the Act; and
44.2.3 c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made.
44.3 The Company 2.1.3 UCH must ensure that the individual flexibility arrangement:
44.3.1 a) is in writing; and
44.3.2 b) includes the name of the Company employer and the Employeeemployee; and
44.3.3 c) is signed by the Company UCH and the Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and
44.3.4 d) includes details of:
(a) : - the terms of the Agreement that will be varied by the arrangement; and
(b) and - how the arrangement will vary the effect of the terms; and
(c) 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
(de) states the day on which the arrangement commences.
44.4 The Company 2.1.4 UCH must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
44.5 The Company 2.1.5 UCH or Employee the employee may terminate the individual flexibility arrangement arrangement:
a) by giving thirteen (13) weeks no less than 28 days written notice to the other party to the arrangement; or
b) if UCH and the employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement
Individual Flexibility. 44.1 1.8.1. The Company and an Employee employee covered by this Enterprise the Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement ifif the IFA:
44.1.1 the arrangement (a) deals with one or more of the following matters:
44.1.2 (i) arrangements about when work is performed;
44.1.3 (ii) Parental Leave;
(iii) Compassionate Leave;
(iv) Jury Service, and
(b) the arrangement meets the genuine needs of the Company and the Employee employee in relation to one or more of the matter matters mentioned in paragraph(a1.8.1 (a); and
44.1.4 the (c) The arrangement is genuinely agreed to by the Company and the Employeeemployee.
44.2 1.8.2. The Company must will ensure that the terms of the individual flexibility arrangement:
44.2.1 are (a) Are about permitted matters under section 172 of the Act; and
44.2.2 are (b) Are not unlawful terms under section 194 of the Act; and
44.2.3 result (c) Result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made.
44.3 1.8.3. The Company must will ensure that the individual flexibility arrangement:
44.3.1 is (a) Is in writing; and
44.3.2 includes (b) Includes the name of the Company and the Employeeemployee; and
44.3.3 is (c) Is signed by the Company and the Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and
44.3.4 includes (d) Includes details of:
(ai) the terms of the 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 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
(de) states States the day on which the arrangement commences.
44.4 1.8.4. The Company must will give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
44.5 1.8.5. The Company or Employee employee may terminate the individual flexibility arrangement arrangement:
(a) by giving thirteen (13) weeks 28 days written notice to the other party to the arrangement; or
(b) if the Company and employee agree in writing — at any time.
Appears in 1 contract
Sources: Category 5 and Rtbu Agreement 2023
Individual Flexibility. 44.1 The Company 12.1. RFDS WO and an Employee employees covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
44.1.1 a. the arrangement agreement deals with 1 or more of the following matters:
44.1.2 i. arrangements about when work is performed;
44.1.3 ii. overtime rates;
iii. penalty rates;
iv. allowances;
v. leave loading; and
b. the arrangement meets the genuine needs of the Company RFDS WO and the Employee employee in relation to 1 or more of the matter matters mentioned in paragraph(aparagraph (a); and
44.1.4 c. the arrangement is genuinely agreed to by the Company RFDS WO and the Employeeemployee.
44.2 The Company 12.2. RFDS WO must ensure that the terms of the individual flexibility arrangement:
44.2.1 a. are about permitted matters under section 172 of the Act; and
44.2.2 b. are not unlawful terms under section 194 of the Act; and
44.2.3 c. result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made.
44.3 The Company 12.3. RFDS WO must ensure that the individual flexibility arrangement:
44.3.1 a. is in writing; and
44.3.2 b. includes the name of the Company employer and the Employeeemployee; and
44.3.3 c. is signed by the Company employer and the Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and
44.3.4 d. includes details of:
(a) i. the terms of the 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 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
(d) e. states the day on which the arrangement commences.
44.4 The Company 12.4. RFDS WO must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
44.5 The Company 12.5. RFDS WO or Employee the employee may terminate the individual flexibility arrangement arrangement:
a. by giving thirteen (13) weeks no more than 28 days written notice to the other party to the arrangement; or
b. if RFDS WO and the employee agree in writing – at any time.
Appears in 1 contract
Sources: Enterprise Agreement