Common use of Agreement Flexibility Clause in Contracts

Agreement Flexibility. 9.1. Warrigal and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if: a) the Agreement deals with one or more of the following matters: i) arrangements about when work is performed; ii) overtime rates; iii) penalty rates; iv) allowances; v) leave loading and b) the arrangement meets the genuine needs of Warrigal and the employee in relation to one or more of the matters mentioned in clause 9.1(a); and c) the arrangement is genuinely agreed to by Warrigal and the employee. 9.2. Warrigal 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. Warrigal must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of Warrigal and the employee; and c) is signed by Warrigal 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 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. Warrigal must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5. Warrigal or 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; or b) if Warrigal and the employee agree in writing – at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.1. Warrigal 10.1 The employer and an employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement if: (a) the Agreement agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates;rates and shift loadings (iv) allowances; (v) leave loading loading: and (b) the arrangement meets the genuine needs of Warrigal the employer and the employee in relation to one or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement is genuinely agreed to by Warrigal the employer and the employee. 9.2. Warrigal 10.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal 10.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the employer and the employee; and (c) is signed by Warrigal the employer and the employee, 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 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 arrangement; and iv(e) states the day on which the arrangement commences. 9.4. Warrigal 10.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5. Warrigal 10.5 The employer or 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; or (b) if Warrigal the employer and the employee agree in writing – at any time. 9.6. Warrigal, when seeking 10.6 Where the employer and an individual employee proposes to enter into an individual flexibility arrangement with an employeearrangement, the employer must provide a written proposal inform the employee in writing at least 7 days prior to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal entering into the employee’s native language, to ensure arrangement that it recommends that the employee understands obtain independent advice prior to making the proposalagreement.

Agreement Flexibility. 9.1. Warrigal ‌ 7.1 An employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: (a) the Agreement The agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading loading; and (b) the arrangement meets the genuine needs of Warrigal the employer and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement is genuinely agreed to by Warrigal the employer and the employee. 9.2. Warrigal 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; Fair Work Act 2009 and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009 ; and (c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal 7.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the employer and the employee; and (c) is signed by Warrigal the employer and the employee, 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 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 arrangement; and iv(e) states the day on which the arrangement commences. 9.4. Warrigal 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. Warrigal 7.5 The employer or 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; or (b) if Warrigal the employer and the employee agree in writing – writing—at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.Part 2 - Consultation and Dispute Resolution‌

Agreement Flexibility. 9.1. Warrigal (i) An employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: (a) the Agreement The agreement deals with one 1 or more of the following matters: i(1) arrangements about when work is performed; ii(2) overtime rates; iii(3) penalty rates; iv(4) allowances; v(5) leave loading loading; and (b) the arrangement meets the genuine needs of Warrigal the employer and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement is genuinely agreed to by Warrigal the employer and the employee. 9.2. Warrigal (ii) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal (iii) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the employer and the employee; and (c) is signed by Warrigal the employer and the employee, employee and if the employee is under 18 eighteen (18) years of age, signed by a parent or guardian of the employee; and (d) includes details of: i(1) the terms of the enterprise 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 arrangement; and iv(4) states the day on which the arrangement commences. 9.4. Warrigal (iv) The employer must give the employee a copy of the individual flexibility arrangement within 14 fourteen (14) days after it is agreed to. 9.5. Warrigal (v) The employer or the employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 twenty-eight (28) days written notice to the other party to the arrangement; or (b) if Warrigal the employer and the employee agree in writing – — at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.1. Warrigal 6.1 An employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: (a) the Agreement agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) annual leave loading loading; and (b) the arrangement meets the genuine needs of Warrigal the employer and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement engagement is genuinely agreed to by Warrigal the employer and the employee. 9.2. Warrigal 6.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal 6.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the employer and the employee; and (c) is signed by Warrigal the employer and the employee, 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 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 arrangement; and iv(e) states the day on which the arrangement commences. 9.4. Warrigal 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. Warrigal 6.5 The employer or 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; or (b) if Warrigal the employer and the employee agree in writing – — at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.1. Warrigal (i) An employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: (a) the Agreement The agreement deals with one 1 or more of the following matters: i(1) arrangements about when work is performed; ii(2) overtime rates; iii(3) penalty rates; iv(4) allowances; v(5) leave loading loading; and (b) the arrangement meets the genuine needs of Warrigal the employer and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement is genuinely agreed to by Warrigal the employer and the employee. 9.2. Warrigal (ii) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal (iii) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the employer and the employee; and (c) is signed by Warrigal the employer and the employee, 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(1) the terms of the enterprise 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 arrangement; and iv(4) states the day on which the arrangement commences. 9.4. Warrigal (iv) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5. Warrigal (v) The employer or 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; or (b) if Warrigal the employer and the employee agree in writing – — at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.1. Warrigal 6.1 The employer and an employee covered by this Agreement the enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: (a) the Agreement agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading loading; and (b) the arrangement meets the genuine needs of Warrigal the employer and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement is genuinely agreed to by Warrigal the employer and the employee. 9.2. Warrigal 6.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal 6.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the employer and the employee; and (c) is signed by Warrigal the employer and the employee, 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 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 arrangement; and iv(e) states the day on which the arrangement commences. 9.4. Warrigal 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. Warrigal 6.5 The employer or 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; or (b) if Warrigal the employer and the employee agree in writing – at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.Part 2—Consultation and Dispute Resolution

Agreement Flexibility. 9.1. Warrigal 11.1 An Employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: a) the Agreement agreement deals with one or more of the following matters: i) i. arrangements about when work is performed; ii) . overtime rates; iii) . penalty rates; iv) . allowances;; and v) v. leave loading andloading b) the arrangement meets the genuine needs of Warrigal the Employer and the employee in relation to one or more of the matters mentioned in clause 9.1(a11.1 a); and c) the arrangement is genuinely agreed to by Warrigal the Employer and the employee. 9.2. Warrigal 11.2 The Employer must ensure that the terms of the individual flexibility arrangement: a) are about permitted matters under section 172 of the ActFair Work Act 2009; and b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal 11.3 The Employer must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of Warrigal the Employer and the employee; and c) is signed by Warrigal the Employer and the employee, 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 their employment as a result of the arrangement arrangement; and ive) states the day on which the arrangement commences. 9.4. Warrigal 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. Warrigal 11.5 The Employer or 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; or b) if Warrigal the Employer and the employee agree in writing – - at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.1. Warrigal 6.1 The Company and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: (a) the Agreement agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading loading; and (b) the arrangement meets the genuine needs of Warrigal the Company and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement is genuinely agreed to by Warrigal the Company and the employee. 9.2. Warrigal 6.2 The 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 result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal 6.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the Company and the employee; and (c) is signed by Warrigal the Company and the employee, 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 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 arrangement; and iv(e) states the day on which the arrangement commences. 9.4. Warrigal 6.4 The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5. Warrigal 6.5 The Company or 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; or (b) if Warrigal the Company and the employee agree in writing – — at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.12.5.1. Warrigal The Employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this the Agreement if: a) the Agreement agreement deals with one 1 or more of the following matters: i) i. arrangements about when work is performed; ii) . overtime rates; iii) . penalty rates; iv) . allowances; v) v. leave loading andloading; b) the arrangement meets the genuine needs of Warrigal the Employer and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph a); and c) the arrangement is genuinely agreed to by Warrigal the Employer and the employee. 9.22.5.2. Warrigal 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 result in the employee being better off overall than the employee would be if no arrangement was made. 9.32.5.3. Warrigal The Employer must ensure that the individual flexibility arrangement: a) is in writing; and; b) includes the name of Warrigal the Employer and the employee; and; c) is signed by Warrigal the Employer and the employee, 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 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 arrangement; and ive) states the day on which the arrangement commences. 9.42.5.4. Warrigal The Employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.52.5.5. Warrigal The Employer or the 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 Warrigal the Employer and the employee agree in writing – writing, at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.1. Warrigal 6.1 An employer and an employee covered by this Agreement enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: (a) the Agreement agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) annual leave loading loading; and (b) the arrangement meets the genuine needs of Warrigal the employer and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement engagement is genuinely agreed to by Warrigal the employer and the employee. 9.2. Warrigal 6.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal 6.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the employer and the employee; and (c) is signed by Warrigal the employer and the employee, 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 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 arrangement; and iv(e) states the day on which the arrangement commences. 9.4. Warrigal 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. Warrigal 6.5 The employer or 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; or (b) if Warrigal the employer and the employee agree in writing – — at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.1. Warrigal (a) The Company and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: a(i) the Agreement agreement deals with one 1 or more of the following matters: i(1) arrangements about when work is performed; ii(2) overtime rates; iii(3) penalty rates; iv(4) allowances; v(5) leave loading loading; and b(ii) the arrangement meets the genuine needs of Warrigal the Company and the employee in relation to one (1) or more of the matters mentioned in clause 9.1(aparagraph 31(a)(i); and c(iii) the arrangement is genuinely agreed to by Warrigal the Company and the employee. 9.2. Warrigal (b) The Company must ensure that the terms of the individual flexibility arrangement: a(i) are about permitted matters under section 172 of the ActFair Work Act 2009; and b(ii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and c(iii) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal (c) The Company must ensure that the individual flexibility arrangement: a(i) is in writing; and b(ii) includes the name of Warrigal the Company and the employee; and c(iii) is signed by Warrigal the Company and the employee, employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and d(iv) includes details of: i(1) the terms of the enterprise 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 arrangement; and iv(v) states the day on which the arrangement commences. 9.4. Warrigal (d) The Company must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 9.5. Warrigal (e) The Company or the employee may terminate the individual flexibility arrangement: a(i) by giving no more than 28 days written notice to the other party to the arrangement; or b(ii) if Warrigal the Company and the employee agree in writing – at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.

Agreement Flexibility. 9.1. Warrigal 7.1 The employer and an employee covered by this Agreement the enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement the agreement if: (a) the Agreement agreement deals with one 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates;rates;‌ (iv) allowances; (v) leave loading loading; and (b) the arrangement meets the genuine needs of Warrigal the employer and the employee in relation to one 1 or more of the matters mentioned in clause 9.1(aparagraph (a); and (c) the arrangement is genuinely agreed to by Warrigal the employer and the employee. 9.2. Warrigal 7.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are not unlawful terms under section 194 of the ActFair Work Act 2009; and (c) Result result in the employee being better off overall than the employee would be if no arrangement was made. 9.3. Warrigal 7.3 The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Warrigal the employer and the employee; and (c) is signed by Warrigal the employer and the employee, 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 enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; andand‌ (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 arrangement; and iv(e) states the day on which the arrangement commences. 9.4. Warrigal 7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.to.‌ 9.5. Warrigal 7.5 The employer or 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; or (b) if Warrigal the employer and the employee agree in writing – at any time. 9.6. Warrigal, when seeking to enter into an individual flexibility arrangement with an employee, must provide a written proposal to the employee. Where the employee’s understand of written English is limited, Warrigal must take measures, including translation of the proposal into the employee’s native language, to ensure that the employee understands the proposal.