Common use of Individual Flexibility Clause in Contracts

Individual Flexibility. (a) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the arrangement deals with 1 or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and (ii) the arrangement meets the genuine needs of the employer and employee in relation to the matter or matters it deals with; and (iii) the arrangement is genuinely agreed to by the employer and employee, without coercion or duress. (b) An individual flexibility arrangement may only be made after the individual employee has commenced employment with the employer. (c) An employer who wishes to initiate the making of an individual flexibility arrangement must: (i) give the employee a written proposal; and (ii) 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. (d) 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. (e) The employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. (f) The employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee and, if the employee is under 18 years of age, is signed by a parent or guardian of the employee; and (d) 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 (d) states the day on which the arrangement commences; and (e) describes how the individual flexibility arrangement can be terminated. (g) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (h) The employer or employee may terminate the individual flexibility arrangement: (i) at any time, by agreement in writing between the employer and the employee; or (ii) by the employer or the employee giving 28 days written notice to the other party. (i) An individual flexibility arrangement terminated in accordance with clause (h)(i) ceases to have effect at the end of the period of notice required under that clause. (j) 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. Note: In addition to this clause, the National Employment Standards of the Fair Work Act 2009 give some employees the right to request flexible working arrangements in certain circumstances.

Individual Flexibility. (a) An employer Notwithstanding any other provision of this Agreement, the Company and employee covered by this enterprise agreement an individual Employee may agree to make an vary the application of certain terms of this Agreement to meet the genuine individual flexibility arrangement needs of the Company and the individual Employee. The terms the Company and the individual Employee may agree to vary the effect application includes but is not limited to: • arrangements for when work is performed; • rest and meal breaks • the period over which average ordinary hours are determined; • the basis for payment of terms of wages – including pay averaging arrangements; and The Company and the individual Employee must have genuinely made the agreement if: (i) without coercion or duress. The agreement between the arrangement deals with 1 Company and the individual Employee must: • be confined to a variation in the application of one or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loadingterms listed above; and (ii) and • not disadvantage the arrangement meets the genuine needs of the employer and employee individual Employee in relation to the matter or individual Employee’s terms and conditions of employment. • be about only matters it deals with; and (iii) that would be “permitted matters” and is not about matters that would be “unlawful matters” if those matters were contained in an enterprise agreement. For the arrangement is genuinely agreed purposes of this clause, the agreement will be taken not to by the employer and employee, without coercion or duress. (b) An individual flexibility arrangement may only be made after disadvantage the individual employee has commenced employment with the employer. (c) An employer who wishes Employee in relation to initiate the making of an individual flexibility arrangement must: (i) give the employee a written proposal; and (ii) 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. (d) 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 employee’s terms and conditions of employment if: • the employee requests such agreement does not result, on balance, in a meeting. (e) The employer must ensure that reduction in the overall terms and conditions of employment of the individual flexibility arrangement: (Employee under this Agreement; and • 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) are about permitted matters under section 172 of be in writing, name the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of parties to the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. (f) The employer must ensure that agreement and be signed by an authorised Company representative and the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee Employee and, if the employee Employee is under 18 years of age, is signed by a the Employee’s parent or guardian of the employee; and (d) 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 (d) states the day on which the arrangement commences; and (e) describes how the individual flexibility arrangement can be terminated. (g) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (h) The employer or employee may terminate the individual flexibility arrangement: (i) at any time, by agreement in writing between the employer and the employee; or (ii) by the employer or the employee giving 28 days written notice to the other party. (i) An individual flexibility arrangement terminated in accordance with clause (h)(i) ceases to have effect at the end of the period of notice required under that clause. (j) 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. Note: In addition to this clause, the National Employment Standards of the Fair Work Act 2009 give some employees the right to request flexible working arrangements in certain circumstances.guardian;

Individual Flexibility. (a) An employer a. Notwithstanding any other provision of this Agreement, an Employer and employee covered by this enterprise agreement an individual Employee may agree to make an vary the application of certain terms of this Agreement to meet the genuine individual flexibility arrangement needs of the Employer and the individual Employee. The terms the Employer and the individual Employee may agree to vary the effect application of terms of the agreement if: (i) the arrangement deals with 1 or more of the following matters: (a) arrangements about are those concerning: • Arrangements for when work is performedperformed in relation to: i. the timing of breaks; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loadingii. time off in lieu of overtime; and (ii) iii. penalty rates. • overtime and penalty rates in respect to DDON; • the arrangement meets inclusion of allowances in base salary; and • the genuine needs inclusion of leave loading in base salary. It is anticipated that any agreement would result from the employer Employee requiring the change to accommodate personal circumstances. Any such change will not financially disadvantage other Employees. b. The Employer and employee in relation to the matter or matters it deals with; and (iii) individual Employee must have genuinely made the arrangement is genuinely agreed to by the employer and employee, agreement without coercion or duress. (b) An individual flexibility arrangement may only be made after c. The agreement between the Employer and the individual employee has commenced employment with Employee must: • be confined to a variation in the employer. (c) An employer who wishes to initiate the making application of an individual flexibility arrangement must: (i) give the employee a written proposal; and (ii) if the employer is aware that the employee has, one or should reasonably be aware that the employee may have, limited understanding more of written English, take reasonable steps to ensure that the employee understands the proposal. (d) 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. (e) The employer must ensure that the terms of the individual flexibility arrangement: listed in subclause (ia) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) and • result in the employee Employee being better off overall than the employee Employee would have been if no individual flexibility arrangement were agreement had been agreed to. (f) d. The employer must ensure that agreement between the Employer and the individual flexibility arrangement: (i) is Employee must also: • be in writing; and (ii) includes , name the name of parties to the employer agreement and employee; and (iii) is be signed by the employer Employer and employee the individual Employee and, if the employee Employee is under 18 years of age, is signed by a the Employee’s parent or guardian guardian; • state each term of the employee; and (d) includes details of: (a) the terms of the enterprise this agreement that will be the Employer and the individual Employee have agreed to vary; • detail how the application of each term has been varied by agreement between the arrangementEmployer and the individual Employee; and (b) • detail how the arrangement will vary agreement results in the effect of the terms; and (c) how the employee will be individual Employee being better off overall in relation to the individual Employee’s terms and conditions of his or her employment as a result of employment; and • state the arrangement; and (d) states date the day on which the arrangement commences; and (e) describes how the individual flexibility arrangement can be terminatedagreement commences to operate. (g) e. The employer Employer must give the employee individual Employee a copy of the individual flexibility arrangement within 14 days after it is agreed toAgreement and keep the agreement as a time and wages record. f. Except as provided in sub clause (ha) The employer the agreement must not require the approval or employee may terminate consent of a person other than the Employer and the individual flexibility arrangement:Employee. (i) g. An Employer seeking to enter into an agreement must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. h. The agreement may be terminated: • by the Employer or the individual Employee giving 14 days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or • at any time, by written agreement in writing between the employer Employer and the employee; or (ii) by the employer or the employee giving 28 days written notice to the other partyindividual Employee. (i) An individual flexibility arrangement terminated in accordance with clause (h)(i) ceases to have effect at the end of the period of notice required under that clause. (j) 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. Note: In addition to this clause, the National Employment Standards of the Fair Work Act 2009 give some employees the right to request flexible working arrangements in certain circumstances.

Individual Flexibility. (a) An employer Employee and employee covered by this enterprise agreement the Employer may agree to make an arrangement (individual flexibility arrangement to vary arrangement) varying the effect of certain terms of this agreement in relation the agreement if: (i) Employee and the arrangement deals with 1 or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and (ii) the arrangement meets Employer, in order to meet the genuine needs of the employer Employee and employee in relation Employer; The terms that may be varied are: • Parental leave. (For example, the Employer and the Employee may agree that the maximum period of unpaid parental leave be increased); and • Long service leave. (For example, where the Employee has an entitlement to a period of long service leave, the matter or matters it deals with; and (iii) Employer and the Employee may agree that the Employee can take twice that period of long service leave at half pay). Any individual flexibility arrangement is agreed to under this enterprise agreement must be genuinely agreed to by the employer Employer and employee, without coercion the Employee; The Employer must not exert undue influence or duress. (b) An individual flexibility arrangement may only be made after the individual employee has commenced employment with the employer. (c) An employer who wishes undue pressure on an Employee in relation to initiate the making of an individual flexibility arrangement; Where the Employer seeks to enter into an individual flexibility arrangement, the Employer must provide a written proposal to the Employee. Where the Employee’s understanding of written English is limited the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal. The Employer must ensure that any individual flexibility arrangement agreed to under this enterprise agreement must: (a) be about matters that would be permitted matters if the arrangement were an enterprise agreement; and (b) not include a term that would be an unlawful term if the arrangement were an enterprise agreement; and (c) result in the Employee being better off overall than the Employee would have been if no individual arrangement were agreed to; and (d) be in writing and signed: (i) give in all cases – by the employee a written proposalEmployee and the Employer; and (ii) 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. (d) 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. (e) The employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. (f) The employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee and, if the employee Employee is under 18 years of age, is signed – by a parent or guardian of the employeeEmployee; and (d) includes details of:and (ae) name the terms parties to the agreement; and (f) state each term of the enterprise this agreement that will be the Employer and the Employee have agreed to vary the effect of; and (g) detail how the effect of each term has been varied by the individual flexibility arrangement; and (bh) detail how the arrangement will vary individual flexibility agreement results in the effect of the terms; and (c) how the employee will be Employee being better off overall in relation to the Employee’s terms and conditions of his or her employment as a result of the arrangementemployment; and (di) states state the day on which date the arrangement commencesagreement commences to operate; and (ej) describes how be able to be terminated: (i) by either the Employee, or the Employer, giving written notice of not more than 28 days; or (ii) by the Employee and the Employer at any time if they agree, in writing, to the termination. The Employer must ensure that a copy of any individual flexibility arrangement can be terminated. (g) The employer must give agreed to under this agreement is given to the employee a copy of the individual flexibility arrangement Employee within 14 days after it is agreed to. (h) The employer or employee may terminate the individual flexibility arrangement: (i) at ; A copy of any time, by agreement in writing between the employer and the employee; or (ii) by the employer or the employee giving 28 days written notice to the other party. (i) An individual flexibility arrangement terminated agreed to under this agreement must be kept as a time and wages record; No individual flexibility arrangement agreed under this agreement may operate retrospectively; The Employer will provide an Employee representative with details of any or all individual flexibility arrangements agreed to in accordance with the provisions of this clause (h)(i) ceases if reasonably requested to have effect at do so. A request will be reasonable if the end request relates to the Employee representative’s role in representing Employees covered by the agreement. Any information provided in response to such a request must not breach the provisions of the period of notice required under that clause. (j) The employer Privacy Act 1988 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. Note: In addition to this clause, the National Employment Standards of the Fair Work Act 2009 give some employees 2009; For the right avoidance of doubt, except in relation to request flexible working cl.6(d)(ii), which relates to signing arrangements concerning parents or guardians of Employees who are less than 18, nothing in certain circumstancesthis agreement requires any individual flexibility arrangement agreed to by the Employer and Employee under this agreement to be approved, or consented to, by another person.

Individual Flexibility. (a) An employer and employee covered 1. The terms in this Agreement may be varied by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (i) the arrangement deals with 1 or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and (ii) the arrangement meets the genuine needs of the employer and employee in relation to the matter or matters it deals with; and (iii) the arrangement that is genuinely agreed to by the employer Employer and employee, without coercion or duressan Employee. (b) An 2. The Employer must ensure that any individual flexibility arrangement may only be made after the individual employee has commenced employment with the employer. (c) An employer who wishes to initiate the making of an individual flexibility arrangement must: (i) give the employee a written proposal; and (ii) 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. (d) If the employer proposes to enter entered 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. (e) The employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (iii) this term will result in the employee Employee being better off overall than the employee Employee would have been if no individual flexibility arrangement were agreed towas made. (f) 3. The employer Employer must ensure that the any individual flexibility arrangement: (i) arrangement made under this term: • is in writing; and (ii) includes the name of the employer writing and employee; and (iii) is signed by the employer Employer and employee and, Employee (and if the employee Employee is under 18 years of age18, is signed by a parent or guardian of the employee; Employee) • can be terminated by either party by giving written notice of not more than 28 days, and (d) includes details of: (a) the terms of the enterprise agreement that will • can be varied terminated at any time 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 parties if they agree 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; and (e) describes how the individual flexibility arrangement can be terminated. (g) The employer must give the employee a writing. A copy of the individual flexibility arrangement must be given to the Employee within 14 days after it is made. 4. Except for the requirement for Employees under 18 in clause 3, the Employer must ensure that any individual flexibility arrangement made by an Employer and an Employee under this term does not require the approval or consent of another person. 5. Where the Employer reaches an individual flexibility arrangement initiated by an Employee under this Agreement, the Employer will inform the relevant Union(s) that an arrangement has been agreed to. This notification will occur within seven (7) days of the arrangement being finalised. 6. Where the Employer intends to initiate an individual flexibility arrangement with an Employee under this Agreement, the Employer will inform the relevant Union(s) that an arrangement is being sought, prior to any arrangement being finalised and within seven (h7) days of initiating discussions with the Employee. 7. Where an individual flexibility arrangement is being discussed, whether initiated by the Employer or the Employee, the Employer will advise the Employee that they can seek independent advice and have the right of representation. 8. The employer Employer will not disclose the name of any Employee who is discussing an individual flexibility arrangement with the Company, or employee may terminate is party to an individual flexibility arrangement, without the consent of that Employee. 9. For the avoidance of doubt, informing the relevant Union(s) as provided in this subclause does not mean that Union(s) must approve or consent to the individual flexibility arrangement: (i) at any time, by agreement in writing between the employer and the employee; or (ii) by the employer or the employee giving 28 days written notice to the other party. (i) An 10. The terms that may be subject to an individual flexibility arrangement terminated in accordance with clause (h)(i) ceases to have effect at the end of the period of notice required under that clause. (j) 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. Noteare: In addition to this clause, the National Employment Standards of the Fair Work Act 2009 give some employees the right to request flexible working arrangements in certain circumstances.• Start and finish times for individuals • Meal breaks • Rostered days on • Roster cycles

Individual Flexibility. (a) An employer The Company and employee an Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if: (i) the arrangement deals with 1 Agreement in relation to one or more of the following matters: (a) arrangements : arrangement about when work is performed; (b) overtime rates; (c) penalty rates; (d) ; the requirement by the Company to work overtime; allowances; (e) ; leave loading; and (ii) and Compassionate Leave; and the arrangement meets the genuine needs of the employer Company and employee the Employee in relation to one or more of the matter or matters it deals withmentioned in paragraph a) above; and (iii) and the arrangement is genuinely agreed to by the employer Company and employee, without coercion or duress. (b) An individual flexibility arrangement may only be made after Employee. The company will give genuine considerations to those who request EFA arrangements to reflect their Conditions at the individual employee has commenced employment with outset of this EBA. It is agreed by the employer. (c) An employer who wishes to initiate the making of an individual flexibility arrangement must: (i) give the employee a written proposal; and (ii) if the employer is aware parties 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. (d) 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 this EBA will not operate in such a meeting. (e) way as to cause a reduction in overall wages or conditions. The employer must Company will ensure that the terms of the individual flexibility arrangement: (i) : are about permitted matters under section Section 172 of the Fair Work Act 2009FW Act; and (ii) and are not unlawful terms under section Section 194 of the Fair Work Act 2009FW Act; and (iii) and result in the employee being better off overall than the employee would have been be if no individual flexibility arrangement were agreed to. (f) was made. The employer Company must ensure that the individual flexibility arrangement: (i) agreement: is in writing; and (ii) and includes the name of the employer Company and employeeEmployee; and (iii) and is signed by the employer Company and employee and, Employee or a parent or guardian of the Employee if the employee Employee is under 18 years of age, is signed by a parent or guardian of the employee; and (d) includes details of: (a) : the terms of the enterprise 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 (d) and states the day on which the arrangement commences; and (e) describes how the individual flexibility arrangement can be terminated. (g) . The employer Company must give the employee Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (h) . The employer Company or employee Employee may terminate the individual flexibility 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. (i) An individual flexibility arrangement terminated in accordance with clause (h)(i) ceases party to have effect at the end of the period of notice required under that clause. (j) 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. Note: In addition to this clause, the National Employment Standards of the Fair Work Act 2009 give some employees the right to request flexible working arrangements in certain circumstances.; or

Individual Flexibility. (a) An employee and the employer and employee covered by this enterprise agreement may agree to make an arrangement (individual flexibility arrangement to vary arrangement) varying the effect of certain terms of this agreement in relation the agreement if: (i) employee and the arrangement deals with 1 or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and (ii) the arrangement meets employer, in order to meet the genuine needs of the employee and employer; Examples of the types of terms that may be varied are: • Long service leave. (For example, where the employee has an entitlement to a period of long service leave, the employer and the employee may agree that the employee can take twice that period of long service leave at half pay). • Change of start and finish times within the spread of ordinary hours of this Agreement. • Travel arrangements relating to specific projects in relation geographically remote locations Any individual flexibility arrangement agreed to the matter or matters it deals with; and (iii) the arrangement is under this enterprise agreement must be genuinely agreed to by the employer and the employee, without coercion ; The employer must not exert undue influence or duress. (b) An individual flexibility arrangement may only be made after the individual undue pressure on an employee has commenced employment with the employer. (c) An employer who wishes in relation to initiate the making of an individual flexibility arrangement must: (i) give the employee a written proposalarrangement; and (ii) if Where 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. (d) If the employer proposes seeks to enter into an individual flexibility arrangement with an employeearrangement, the employer must meet with provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee to discuss understands the proposal prior to entering the individual flexibility arrangement if the employee requests such a meeting. (e) proposal. The employer must ensure that the terms of the any individual flexibility arrangementarrangement agreed to under this enterprise agreement must: (ia) are be about matters that would be permitted matters under section 172 of the Fair Work Act 20092009 if the arrangement were an enterprise agreement; and (iib) are not include a term that would be an unlawful terms term under section 194 of the Fair Work Act 20092009 if the arrangement were an enterprise agreement; and (iiic) result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to.; and (fd) The employer must ensure that the individual flexibility arrangementbe in writing and signed: (i) is in writingall cases – by the employee and the employer; and (ii) includes the name of the employer and employee; and (iii) is signed by the employer and employee and, if the employee is under 18 years of age, is signed – by a parent or guardian of the employee; and (d) includes details of:and (ae) name the terms parties to the agreement; and (f) state each term of the enterprise this agreement that will be the employer and the employee have agreed to vary the effect of; and (g) detail how the effect of each term has been varied by the individual flexibility arrangement; and (bh) detail how the arrangement will vary the effect of the terms; and (c) how individual flexibility agreement results in the employee will be being better off overall in relation to the employee’s terms and conditions of his or her employment as a result of the arrangementemployment; and (di) states state the day on which date the arrangement commencesagreement commences to operate; and (ej) describes how be able to be terminated: (i) by either the employee, or the employer, giving written notice of not more than 28 days; or (ii) by the employee and the employer at any time if they agree, in writing, to the termination. The employer must ensure that a copy of any individual flexibility arrangement can be terminated. (g) The employer must give agreed to under this agreement is given to the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. (h) ; A copy of any individual flexibility arrangement agreed to under this agreement must be kept as a time and wages record; No individual flexibility arrangement agreed under this agreement may operate retrospectively; The employer must provide a union covered by this agreement with details of any or employee may terminate the all individual flexibility arrangement: arrangements if reasonably requested to do so by the union. A union’s request will be reasonable if the request relates to the union’s legitimate role in representing employees covered by the agreement. For the avoidance of doubt, this provision does not confer an entitlement to enter premises; For the avoidance of doubt, except in relation to cl.1.5.2 (id) at (ii), which relates to signing arrangements concerning parents or guardians of employees who are less than 18, nothing in this agreement requires any time, individual flexibility arrangement agreed to by agreement in writing between the employer and the employee; or (ii) by the employer or the employee giving 28 days written notice to the other party. (i) An individual flexibility arrangement terminated in accordance with clause (h)(i) ceases to have effect at the end of the period of notice required under that clause. (j) 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. Note: In addition to this clausebe approved, the National Employment Standards of the Fair Work Act 2009 give some employees the right to request flexible working arrangements in certain circumstancesor consented to, by another person.