Common use of Individual Flexibility Clause in Contracts

Individual Flexibility. 5.8.1 Grosvenor and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement, provided that: (a) The arrangement is made at the instigation of the Employee; and (b) The arrangement deals with one or more of the following matters: (i) The taking of annual leave over longer periods than entitled at full pay but at a direct pro-rata payment; (ii) The taking of up to 5 annual leave days per annum as single day absences; and (c) The arrangement entered meets the genuine needs of ▇▇▇▇▇▇▇▇▇ and the Employee in relation to one or more of the matters mentioned in 5.9.1(b); and (d) The arrangement is genuinely agreed to by ▇▇▇▇▇▇▇▇▇ and the Employee. 5.8.2 Grosvenor must ensure that the terms of the individual flexibility arrangement: (a) Are about permitted matters under section 172 of the Fair Work Act 2009; and (b) Do not contain unlawful terms within the meaning of section 194 of the Fair Work Act 2009; and (c) Result in the Employee being better off overall than the Employee would be if no arrangement was made. 5.8.3 Grosvenor must ensure that the individual flexibility arrangement: (a) Is in writing; and (b) Includes the name of ▇▇▇▇▇▇▇▇▇ and the Employee; and (c) Is signed by Grosvenor and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) Includes details of: (i) The terms of the Agreement that will be varied by the arrangement; and (ii) How the arrangement will vary the effect of the terms; and (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 (e) states the day on which the arrangement commences. 5.8.4 ▇▇▇▇▇▇▇▇▇ must give the Employee and their representative a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 5.8.5 Grosvenor or the Employee may terminate the individual flexibility arrangement: (a) By the Employee giving no more than twenty-eight (28) days written notice to ▇▇▇▇▇▇▇▇▇ or by ▇▇▇▇▇▇▇▇▇ giving at least two (2) months written notice to the Employee; or (b) If ▇▇▇▇▇▇▇▇▇ and the Employee agree in writing — at any time.

Individual Flexibility. 5.8.1 Grosvenor 19.1 The Minister, on behalf of the Commonwealth, and an Employee individual employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement, provided thatAgreement if: (a) The arrangement is made at the instigation of the Employee; and (b) The arrangement Agreement deals with one or more of the following matters: (i) The taking of annual leave over longer periods than entitled at full pay but at a direct pro-rata paymentarrangements about when work is performed; (ii) The taking of up to 5 annual overtime rates; (iii) penalty rates; (iv) allowances; (v) leave days per annum as single day absencesloading; and (cb) The the arrangement entered meets the genuine needs of ▇▇▇▇▇▇▇▇▇ the Minister, on behalf of the Commonwealth, and the Employee employee in relation to one or more of the matters mentioned in 5.9.1(bclause A19.1(a); and (dc) The the arrangement is genuinely agreed to by ▇▇▇▇▇▇▇▇▇ the Minister, on behalf of the Commonwealth, and the Employeeemployee. 5.8.2 Grosvenor 19.2 The Minister, on behalf of the Commonwealth, must ensure that the terms of the individual flexibility arrangement: (a) Are are about permitted matters under section 172 of the Fair Work Act 2009Act; and (b) Do are not contain unlawful terms within the meaning of under section 194 of the Fair Work Act 2009Act; and (c) Result result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 5.8.3 Grosvenor 19.3 The Minister, on behalf of the Commonwealth, must ensure that the individual flexibility arrangement: (a) Is is in writing; and (b) Includes includes the name of ▇▇▇▇▇▇▇▇▇ the Minister and the Employeeemployee; and (c) Is is signed by Grosvenor the Minister, on behalf of the Commonwealth, 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 (d) Includes includes details of:; (i) The the terms of the 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 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 (e) states the day on which the arrangement commences. 5.8.4 ▇▇▇▇▇▇▇▇▇ 19.4 The Minister, on behalf of the Commonwealth, must give the Employee and their representative employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. 5.8.5 Grosvenor 19.5 The Minister, on behalf of the Commonwealth, or the Employee employee may terminate the individual flexibility arrangement: (a) By the Employee by giving no more than twenty-eight (28) 28 days written notice to ▇▇▇▇▇▇▇▇▇ or by ▇▇▇▇▇▇▇▇▇ giving at least two (2) months written notice the other party to the Employeearrangement; or (b) If ▇▇▇▇▇▇▇▇▇ if the Minister, on behalf of the Commonwealth, and the Employee employee agree in writing — – at any time.

Individual Flexibility. 5.8.1 Grosvenor 19.1 The Minister, on behalf of the Commonwealth, and an Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement, provided that: (a) The arrangement is made at Agreement if the instigation of the Employee; and (b) The arrangement agreement deals with one or more of the following matters: (ia) The taking of annual leave over longer periods than entitled at full pay but at a direct pro-rata paymentarrangements about when work is performed; (iib) The taking overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; (f) remuneration; (g) superannuation; (h) arrangements about where work is performed; (i) leave; (j) prior service; (k) travel arrangements; (l) termination of up to 5 annual leave days per annum as single day absencesemployment; (m) severance benefits; and (cn) work bases. 19.2 The individual flexibility arrangement entered meets must meet the genuine needs of ▇▇▇▇▇▇▇▇▇ the Minister, on behalf of the Commonwealth, and the Employee in relation to one or more of the matters mentioned in 5.9.1(b); andemployee. (d) 19.3 The individual flexibility arrangement is must be genuinely agreed to by ▇▇▇▇▇▇▇▇▇ the Minister, on behalf of the Commonwealth, and the Employeeemployee. 5.8.2 Grosvenor 19.4 The Minister, on behalf of the Commonwealth, must ensure that the terms of the individual flexibility arrangement: (a) Are are about permitted matters under section 172 of the Fair Work Act 2009Act; and (b) Do are not contain unlawful terms within the meaning of under section 194 of the Fair Work Act 2009Act; and (c) Result result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 5.8.3 Grosvenor 19.5 The Minister, on behalf of the Commonwealth, must ensure that the individual flexibility arrangement: (a) Is is in writing; and (b) Includes includes the name of ▇▇▇▇▇▇▇▇▇ the Minister and the Employeeemployee; and (c) Is is signed by Grosvenor the Minister, on behalf of the Commonwealth, 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 (d) Includes includes details of:; (i) The i. the terms of the 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 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 (e) states the day on which the arrangement commences. 5.8.4 ▇▇▇▇▇▇▇▇▇ 19.6 The Minister, on behalf of the Commonwealth, must give the Employee and their representative employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. 5.8.5 Grosvenor 19.7 The Minister, on behalf of the Commonwealth, or the Employee employee may terminate the individual flexibility arrangement: (a) By the Employee by giving no more than twenty-eight (28) days written notice to ▇▇▇▇▇▇▇▇▇ or by ▇▇▇▇▇▇▇▇▇ giving at least two (2) months 28 days’ written notice to the Employeeother party to the arrangement; or (b) If ▇▇▇▇▇▇▇▇▇ if the Minister, on behalf of the Commonwealth, and the Employee employee agree in writing — – at any time.

Individual Flexibility. 5.8.1 Grosvenor 7.1. This clause constitutes the flexibility term referred to in Section 202 of the FWA. 7.2. Coal Services and an Employee employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement, provided that: (a) The arrangement is made at the instigation of the Employee; and (b) The arrangement deals with one or more of Agreement about the following matters: (i) The taking of annual leave over longer periods than entitled at full pay but at a direct pro-rata payment; (iia) The taking of up to 5 four (4) weeks additional purchased leave in addition to the five (5) weeks annual leave days per annum as single day absencesprovided in clause 42 Annual leave; and (cb) The taking of additional leave without pay consequent or subsequent to the birth or adoption of a child in addition to the leave provided in clause 63: Parental leave, if i. The arrangement entered meets the genuine needs of ▇▇▇▇▇▇▇▇▇ Coal Services and the Employee employee in relation to one or more of the matters mentioned in 5.9.1(bsub- clauses 7.2 (a) and 7.2 (b); and (d) ii. The arrangement is genuinely agreed to by ▇▇▇▇▇▇▇▇▇ Coal Services and the Employeeemployee. 5.8.2 Grosvenor 7.3. Coal Services must ensure that the terms of the individual flexibility arrangement: (a) Are about permitted matters under section 172 of the Fair Work Act 2009FWA; and (b) Do Are not contain unlawful terms within the meaning of under section 194 of the Fair Work Act 2009FWA; and (c) Result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made; and d) Do not result in the employee being provided with any payment or benefit that is inconsistent with the NES under the FWA. 5.8.3 Grosvenor 7.4. Coal Services must ensure that the individual flexibility arrangement: (a) Is in writing; and (b) Includes the name of ▇▇▇▇▇▇▇▇▇ Coal Services and the Employeeemployee; and (c) Is signed by Grosvenor Coal Services and the Employee and employee and, if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and (d) Includes details of: (i) i. The terms of the Agreement that will be varied by the arrangement; and (ii) . How the arrangement will vary the effect of the terms; and (iii) . 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 (e) states iv. States the day on which the arrangement commences. 5.8.4 ▇▇▇▇▇▇▇▇▇ 7.5. Coal Services must give the Employee and their representative employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. 5.8.5 Grosvenor 7.6. Coal Services or the Employee employee may terminate the individual flexibility arrangement: (a) By the Employee giving no more than twenty-eight (28) 28 days written notice to ▇▇▇▇▇▇▇▇▇ or by ▇▇▇▇▇▇▇▇▇ giving at least two (2) months written notice the other party to the Employeearrangement; or (b) If ▇▇▇▇▇▇▇▇▇ Coal Services and the Employee agree in writing — employee agree, at any timetime in writing.