Common use of Agreement Flexibility Clause in Contracts

Agreement Flexibility. 9.1 The Employer and Employees covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement deals with 1 or more of the following matters: (i) arrangements for when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph 9.1(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the Employer and Employee; (c) 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 (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; (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 (iv) states the day on which the arrangement commences. 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 7.1 The Employer Company and Employees Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) the arrangement agreement deals with 1 one or more of the following matters: (ia) arrangements for about when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances; (e) leaving loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a)7.1 (i) above; and (ciii) the arrangement is genuinely agreed to by the Employer Company and Employee. 9.2 7.2 The Employer Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 7.3 The Employer Company must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of the Employer Company and Employee;; and (ciii) 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 (div) includes details of: (ia) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and (iib) how the arrangement will vary the effect of the terms;; and (iiic) 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 (ivv) states the day on which the arrangement commences. 9.4 7.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 7.5 The Employer Company or Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer Company and Employee agree in writing, writing at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The 11.1 An Employer and Employees Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement The agreement deals with 1 one or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and (v) leave loading.; (b) the The arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(a); and (c) the arrangement is genuinely agreed to by the The Employer and Employeethe individual Employee must have genuinely made the agreement without coercion or duress. 9.2 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 s.172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 s.194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 11.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (d) includes details of: (i) the terms of the Agreement enterprise 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 (ive) states the day on which the arrangement commences. 9.4 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 11.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing — at any time. 11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is: (a) the parent or has the responsibility for the care of a child who is of school age or younger; (b) a carer (within the meaning of the Carer Recognition Act 2010); (c) has a disability; (d) is 55 or older; (e) is experiencing violence from a member of the Employee’s family; or (f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The (a) An Employer and Employees a Employee (other than an Employee engaged as a Casual Teacher) covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) the arrangement agreement deals with 1 one or more of the following matters: (i) 1. arrangements for about when work is performed; (ii) overtime rates2. allowances; (iii) penalty rates; (iv) allowances3. leave loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a)sub-clause 11(a)(i) herein; and (ciii) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 (b) The Employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act;; and (bii) are not unlawful terms under section 194 of the Act; and (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 9.3 (c) The Employer must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of the Employer and Employee;; and (ciii) is signed by the Employer and Employee and if the Employee is under 18 eighteen years of age, signed by a the parent or guardian of the Employee; and (div) includes details of: (i) 1. the terms of the Agreement that will be varied by the arrangement;; and (ii) 2. how the arrangement will vary the effect of the terms;; and (iii) 3. 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 (ivv) states the day on which the arrangement commences. 9.4 (d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 fourteen days after it is agreed to. 9.5 (e) The Employer or Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 twenty-eight days written notice to the other party to the arrangement; or (bii) if if, at any time, the Employer and Employee agree in writing, at any time.

Appears in 1 contract

Sources: Tasmanian Independent Christian Schools (Teachers) Multi Enterprise Agreement 2019

Agreement Flexibility. 9.1 The Employer 6.1 Lifehouse and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement deals with 1 or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (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 9.1(a6.1a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 6.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (d) includes details of: (i) the terms of the Agreement enterprise 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 (ive) states the day on which the arrangement commences. 9.4 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 6.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing — at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 (a) The Employer and Employees an individual Employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if: (ai) the arrangement Agreement deals with 1 one or more of the following matters: (i1) arrangements for about when work is performed; (ii2) overtime rates; (iii3) penalty rates; (iv4) allowances; (5) leave loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer and Employee employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(i); and, (ciii) the arrangement is genuinely agreed to by the Employer and Employeeindividual employee. 9.2 (b) The Employer must ensure that the terms of the individual flexibility arrangementIFA: (ai) are about permitted matters under section 172 of the Act;; and, (bii) are not unlawful terms under section 194 of the Act; and, (ciii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 9.3 (c) The Employer must ensure that the individual flexibility arrangementIFA: (ai) is in writing;; and, (bii) includes the name of the Employer and Employee;; and, (ciii) is signed by the Employer and Employee employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employeeemployee; and, (div) includes details of: (i1) the terms of the Agreement that will be varied by the arrangement;; and, (ii2) how the arrangement will vary the effect of the terms;; and, (iii3) how the 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, (iv4) states the day on which the arrangement commences. 9.4 (d) The Employer must give shall provide the Employee employee with a copy of the individual flexibility arrangement IFA within 14 days after it is agreed to. 9.5 (e) The Employer or Employee employee may terminate the individual flexibility arrangementIFA: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or, (bii) if the Employer and Employee employee agree in writing, writing — at any time.

Appears in 1 contract

Sources: Tasmania Enterprise Agreement 2024

Agreement Flexibility. 9.1 The 8.1 An Employer and Employees Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement The Agreement deals with 1 one or more of the following matters: (i) arrangements for Arrangements about when work is performed; (ii) overtime Overtime rates; (iii) penalty Penalty rates; (iv) allowancesAllowances; and (v) leave Leave loading.; (b) the The arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(a); and (c) the arrangement is genuinely agreed to by the The Employer and Employeethe individual Employee must have genuinely made the agreement without coercion or duress. 9.2 8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are Are about permitted matters under section 172 s.172 of the Fair Work Act;; and (b) are Are not unlawful terms under section 194 s.194 of the Fair Work Act; and (c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 8.3 The Employer must ensure that the individual flexibility arrangement: (a) is Is in writing;; and (b) includes Includes the name of the Employer and Employee;; and (c) is 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 (d) includes Includes details of: (i) the The terms of the Agreement enterprise 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 will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (ive) states States the day on which the arrangement commences. 9.4 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 8.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by By giving no more than 28 days written notice to the other party to the arrangement; or (b) if If the Employer and Employee agree in writing, writing — at any time. 8.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the Agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is: (a) is the parent or has the responsibility for the care of a child who is of school age or younger; (b) is a carer (within the meaning of the Carer Recognition Act 2010); (c) has a disability; (d) is 55 or older; (e) is experiencing violence from a member of the Employee’s family; or (f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. 8.7 Such a request must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply. 8.8 Further to clause 8.7, if the Employer does not agree to the Employee’s request, the Employer must discuss the request with the Employee to better understand the Employee’s circumstances and then the Employer must provide available counter-proposals to the Employee in writing. Any agreed arrangement must be recorded in writing. 8.9 To avoid doubt, and without limiting Clauses 8.6 and 8.7, an Employee who: (a) is a parent, or has responsibility for the care, of a child; and (b) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the Employee to care for the child. 8.10 The Employee is not entitled to make a request pursuant to Clause 8.6 unless: (a) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or (b) for a casual Employee – the Employee: (i) is a long term casual Employee of the Employer immediately before making the request; and (ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The 8.1 An Employer and Employees Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement Agreement deals with 1 one or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(acl.8.1(a); and; (c) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 8.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act;; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 8.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (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 their employment as a result of the arrangement; and (iv) states the day on which the arrangement commences. 9.4 8.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 8.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days days' written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing - at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The 11.1 An Employer and Employees Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement The agreement deals with 1 one or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and (v) leave loading.; (b) the The arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(a); and (c) the arrangement is genuinely agreed to by the The Employer and Employeethe individual Employee must have genuinely made the agreement without coercion or duress. 9.2 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 s.172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 s.194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 11.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (d) includes details of: (i) the terms of the Agreement enterprise 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 (ive) states the day on which the arrangement commences. 9.4 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 11.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing — at any time. 11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is: (a) the parent or has the responsibility for the care of a child who is of school age or younger; (b) a carer (within the meaning of the Carer Recognition Act 2010); (c) has a disability; (d) is 55 or older; (e) is experiencing violence from a member of the Employee’s family; or (f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. 11.7 A request made pursuant to Clause Error! Reference source not found. of this Agreement must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply. 11.8 To avoid doubt, and without limiting Clauses Error! Reference source not found. and 11.7, an Employee who: (a) is a parent, or has responsibility for the care, of a child; and (b) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the Employee to care for the child. 11.9 The Employee is not entitled to make a request pursuant to Clause Error! Reference source not found. unless: (a) for an Employee other than a casual employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or (b) for a casual employee – the Employee: (i) is a long term casual Employee of the Employer immediately before making the request; and (ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The Employer 7.1 PSVCAC and Employees an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement agreement deals with 1 one (1) or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (b) the arrangement meets the genuine needs of PSVCAC and the Employer and Employee employee in relation to 1 one (1) or more of the matters mentioned in paragraph 9.1(asubclause 7.1(a); and (c) the arrangement is genuinely agreed to by PSVCAC and the Employer and Employeeemployee. 9.2 The Employer 7.2 PSVCAC must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 9.3 The Employer 7.3 PSVCAC must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of PSVCAC and the Employer and Employee;employee; and (c) is signed by PSVCAC and the Employer and 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 details of: (i) the terms of the this 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 (ive) states the day on which the arrangement commences. 9.4 The Employer 7.4 PSVCAC must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 The Employer 7.5 PSVCAC or Employee the employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; oror if PSVCAC and employee agree in writing – at any time. (b) if Management when seeking to enter into an agreement must provide a written proposal to the Employer and Employee agree in writingemployee. Where the employee’s understanding of written English is limited management will take measures, at any timeincluding translation into an appropriate language, to ensure the employee understands the proposal.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The 7.1 An Employer and Employees Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement Agreement deals with 1 or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (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 9.1(a(i); and (c) the arrangement is genuinely agreed to by the The Employer and Employeethe individual Employee must have genuinely made the agreement without coercion or duress. 9.2 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 7.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (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 (iiie) how the 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 (ivf) states the day on which the arrangement commences. 9.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 7.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee employee agree in writing, writing at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 24.1 The Employer and Employees Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with 1 one or more of the following matters: (i) arrangements for about when work is performed;; ▇▇▇▇▇ Baptist Grammar School Bargaining Agreement 24 2018 (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(a); and; (c) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 24.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;FW Act 2009; and (b) are not unlawful terms under section 194 of the ActFW Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 24.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (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 (iv) states the day on which the arrangement commences. 9.4 24.4 In making an individual flexibility agreement, the Employee is entitled to be accompanied by a support person of their choice. 24.5 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 24.6 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing - at any time.. ▇▇▇▇▇ Baptist Grammar School Bargaining Agreement 25 2018

Appears in 1 contract

Sources: Carey Baptist Grammar School Employee Agreement 2018

Agreement Flexibility. 9.1 The 11.1 An Employer and Employees Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement The agreement deals with 1 one or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and (v) leave loading.; (b) the The arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(a); and (c) the arrangement is genuinely agreed to by the The Employer and Employeethe individual Employee must have genuinely made the agreement without coercion or duress. 9.2 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 s.172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 s.194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 11.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (d) includes details of: (i) the terms of the Agreement enterprise 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 (ive) states the day on which the arrangement commences. 9.4 11.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 11.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing — at any time. 11.6 The right to request an individual flexibility arrangement under this clause is in addition to the right contained in the NES at the commencement of the agreement of an Employee to request a change in working arrangements in accordance with s.65 of the Fair Work Act in circumstances where the Employee is: (a) the parent or has the responsibility for the care of a child who is of school age or younger; (b) a carer (within the meaning of the Carer Recognition Act 2010); (c) has a disability; (d) is 55 or older; (e) is experiencing violence from a member of the Employee’s family; or (f) provides care or support to a member of the Employee’s immediate family, or a member of the Employee’s immediate household, who requires care or support because the member is experiencing violence from the member’s family. 11.7 A request made pursuant to Clause 11.6 of this Agreement must be in writing and set out the detailed reasons for the change. The Employer must respond in writing to the request within 21 days stating whether the request has been granted or refused. If refused the response must include details of the reasons of the refusal. The Employer may only may refuse the request only on reasonable business grounds (as defined in s. 65(5A) of the Fair Work Act). Should the NES be amended during the life of this Agreement the amended NES will apply. 11.8 To avoid doubt, and without limiting Clauses 11.6 and 11.7, an Employee who: (a) is a parent, or has responsibility for the care, of a child; and (b) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the Employee to care for the child. 11.9 The Employee is not entitled to make a request pursuant to Clause 11.6 unless: (a) for an Employee other than a casual employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or (b) for a casual employee – the Employee: (i) is a long term casual Employee of the Employer immediately before making the request; and (ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The Employer 6.1 Lifehouse and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement deals with 1 or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (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 9.1(asubclause 6.1a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 6.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 6.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (d) includes details of: (i) the terms of the Agreement enterprise 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 (ive) states the day on which the arrangement commences. 9.4 6.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 6.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing — at any time.

Appears in 1 contract

Sources: Health Professionals and Support Services Enterprise Agreement

Agreement Flexibility. 9.1 The Employer and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement agreement deals with 1 or more of the following matters: (i) arrangements for when work is performed;the extension of unpaid parental leave to up to three years; and (ii) overtime rates; (iii) penalty rates; (iv) allowancesthe utilisation of community service leave in any manner agreed by the Employer and Employee; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (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 (ive) states the day on which the arrangement commences. 9.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing — at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The 8.1. An Employer and Employees Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement Agreement deals with 1 or more of the following matters: (i) i. arrangements for about when work is performed; (ii) . overtime rates; (iii) . penalty rates; (iv) . allowances; v. leave loading; and (v) leave loading. (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph 9.1(a(a); and (c) the arrangement is genuinely agreed to by the Employer and Employeethe individual Employee must have genuinely made the Agreement without coercion or duress. 9.2 8.2. The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (b) and are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) result in the Employee being better off overall at the time the Agreement is made than the Employee would be if no arrangement was made. 9.3 8.3. The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (d) includes details of: (i) i. the terms of the enterprise 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 (iv) . states the day on which the arrangement commences. 9.4 8.4. If the Employer is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposal. 8.5. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 The Employer or Employee may terminate the 8.6. An individual flexibility arrangementarrangement may be terminated: (a) by the Employer or Employee giving no more than 28 days written notice to the other party to the arrangementparty; or (b) if the Employer and Employee agree in writing, writing at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 32.1 The Employer and Employees Teacher covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) 32.1.1 the arrangement Agreement deals with 1 one or more of the following matters: (ia) arrangements for about when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances; (e) leave loading; and (v) leave loading. (b) 32.1.2 the arrangement meets the genuine needs of the Employer and Employee Teacher in relation to 1 one or more of the matters mentioned in paragraph 9.1(a)subclause 32.1.1; and (c) 32.1.3 the arrangement is genuinely agreed to by the Employer and Employeeor Teacher. 9.2 32.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) 32.2.1 are about permitted matters under section 172 of the Act;Fair Work ▇▇▇ ▇▇▇▇; and (b) 32.2.2 are not unlawful terms under section 194 of the ActFair Work ▇▇▇ ▇▇▇▇; and (c) 32.2.3 result in the Employee Teacher being better off overall than the Employee Teacher would be if no arrangement was made. 9.3 32.3 The Employer must ensure that the individual flexibility arrangement: (a) 32.3.1 is in writing;; and (b) 32.3.2 includes the name of the Employer and Employee; (c) 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 EmployeeTeacher; and (d) 32.3.3 includes details of: (ia) the terms of the Agreement agreement that will be varied by the arrangement;; and (iib) how the arrangement will vary the effect of the terms;; and (iiic) how the Employee Teacher will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (ivd) states the day on which the arrangement commences. 9.4 32.4 The Employer must give the Employee Teacher a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 32.5 The Employer or Employee Teacher may terminate the individual flexibility arrangement: (a) 32.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or (b) 32.5.2 if the Employer and Employee Teacher agree in writing, writing – at any time.

Appears in 1 contract

Sources: Western Australian Agreement

Agreement Flexibility. 9.1 7.1 The Employer Company and Employees Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (ai) the arrangement agreement deals with 1 one or more of the following matters: (ia) arrangements for about when work is performed; (iib) overtime rates; (iiic) penalty rates; (ivd) allowances; (e) leaving loading; and (v) leave loading. (bii) the arrangement meets the genuine needs of the Employer Company and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a)7.1 (i) above; and (ciii) the arrangement is genuinely agreed to by the Employer Company and Employee. 9.2 7.2 The Employer Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (ciii) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 7.3 The Employer Company must ensure that the individual flexibility arrangement: (ai) is in writing;; and (bii) includes the name of the Employer Company and Employee;; and (ciii) 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 (div) includes details of: (ia) the terms of the Agreement enterprise agreement that will be varied by the arrangement;; and (iib) how the arrangement will vary the effect of the terms;; and (iiic) 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 (ivv) states the day on which the arrangement commences. 9.4 7.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 7.5 The Employer Company or Employee may terminate the individual flexibility arrangement: (ai) by giving no more than 28 days written notice to the other party to the arrangement; or (bii) if the Employer Company and Employee agree in writing, writing at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 The Employer 8.1 A Company and Employees Employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement agreement deals with 1 or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (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 9.1(acl. 8.1(a); and (c) the arrangement is genuinely agreed to by the Employer Company and Employee. 9.2 8.2 The Employer Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and (b) are not unlawful terms under section 194 of the Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 8.3 The Employer Company must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer Company and Employee;; and (c) 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 (d) includes details of: (i) the terms of the Agreement enterprise 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 (ive) states the day on which the arrangement commences. 9.4 8.4 The Employer Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 8.5 The Employer Company or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer Company and Employee agree in writing, writing — at any time.

Appears in 1 contract

Sources: Enterprise Agreement

Agreement Flexibility. 9.1 7.1 The Employer and Employees an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the this Agreement if: (a) the arrangement The Agreement deals with 1 one or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading. (b) the The arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(aclause 7.1(a); and (c) the arrangement is genuinely agreed to by the The Employer and Employeethe individual Employee must have genuinely made the agreement without coercion or duress. 9.2 7.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 s.172 of the Fair Work Act;; and (b) are not unlawful terms under section 194 s.194 of the Fair Work Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 7.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (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 their employment as a result of the arrangement; and (ive) states the day on which the arrangement commences. 9.4 7.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 7.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing, writing — at any time.

Appears in 1 contract

Sources: Nursing and Aged Care Enterprise Agreement

Agreement Flexibility. 9.1 The 8.1. An Employer and Employees Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement agreement if: (a) the arrangement Agreement deals with 1 one or more of the following matters: (i) arrangements for Arrangements about when work is performed; (ii) overtime Overtime rates; (iii) penalty Penalty rates; (iv) allowancesAllowances; v) Leave loading; and, (v) leave loading. (b) the The arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(a); and, (c) the The arrangement is genuinely agreed to by the Employer and Employee. 9.2 8.2. The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act;; and, (b) are not unlawful terms under section 194 of the Act; and, (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 8.3. The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and, (b) includes the name of the Employer and Employee;; and, (c) 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 (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 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, (iv) . states the day on which the arrangement commences. 9.4 8.4. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 8.5. The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or, (b) if the Employer and Employee agree in writing, writing – at any time.

Appears in 1 contract

Sources: Teachers and Technicians Agreement

Agreement Flexibility. 9.1 The 10.1 This clause specifically replaces clause 7 of the Teachers Award and clause 7 of the General Staff Award. 10.2 An Employer and Employees Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) the arrangement Agreement deals with 1 one or more of the following matters: (i) arrangements for about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading.; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 one or more of the matters mentioned in paragraph 9.1(a(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 9.2 10.3 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the FW Act;; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 9.3 10.4 The Employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Employer and Employee;; and (c) 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 (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 (iv) states the day on which the arrangement commences. 9.4 10.5 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5 10.6 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and Employee agree in writing - at anytime. 11 CONSULTATION ABOUT CHANGE This clause specifically replaces clause 8 of the Teachers Award and clause 8 of the General Staff Award. 11.1 This clause applies if the Employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Employees. 11.2 For a major change referred to in clause 11.1(a): (a) the Employer must notify the relevant Employees of the decision to introduce the major change; and (b) clauses11.3 to 11.9 apply. 11.3 The relevant Employees may appoint a representative for the purposes of the procedures in this clause. 11.4 If: (a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the Representative. 11.5 As soon as practicable after making its decision, the Employer must: (a) discuss with the relevant Employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the Employees; and (iii) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and (b) for the purposes of the discussion—provide, in writing, at to the relevant Employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the Employees; and (iii) any timeother matters likely to affect the Employees. 11.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 11.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 11.8 If a clause in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clause 11.2(a) and clauses 11.3 and 11.5 are taken not to apply. 11.9 In this clause, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of Employees; or (b) major change to the composition, operation or size of the Employer’s workforce or to the skills required of Employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain Employees; or (f) the need to relocate Employees to another workplace; or (g) the restructuring of jobs. 11.10 For a change referred to in cl.11.1(b): (a) the Employer must notify the relevant Employees of the proposed change; and (b) cll.11.11 to 11.15 apply. 11.11 The relevant Employees may appoint a Representative for the purposes of the procedures in this clause. 11.12 If: (a) a relevant Employee appoints, or relevant Employees appoint, a Representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 11.13 The Employer must: (a) discuss with the relevant Employees the introduction of the change; and (b) for the purposes of the discussion—provide to the relevant Employees: (i) information about the proposed change (for example, information about the nature of the change to the Employee’s regular roster or ordinary hours of work and when that change is proposed to commence); and (ii) information about what the Employer reasonably believes will be the effects of the change on the Employees; and (iii) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and (c) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 11.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 11.15 The Employer must give genuine consideration to matters raised about the change by the relevant Employees. 11.16 For the purposes of cll.11.11 to 11.15, the Employer’s educational timetable in respect of academic classes and student activities, which: (a) may operate on a term, semester or a School Year basis, and (b) ordinarily changes between one period of operation and the next, and (c) may change during the period of operation, is not a regular roster. 11.17 However, where a change to the educational timetable directly results in a change to the number of ordinary hours of work of an Employee, or to the spread of hours over which the Employee’s ordinary hours, are required to be worked, cll.11.11 to

Appears in 1 contract

Sources: Southern Cross Grammar Enterprise Agreement 2017 2021