Common use of Flexibility Arrangements Clause in Contracts

Flexibility Arrangements. ‌ 4.7.1 An Employee covered by this Agreement, and the Company, may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: a) the agreement deals with 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; and b) the arrangement meets the genuine needs of the Employee and the Company in relation to 1 or more of the matters mentioned in paragraph (a); and c) the arrangement is genuinely agreed to by the Company and Employee. 4.7.2 The Company 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. 4.7.3 The Company must ensure that the individual flexibility arrangement: a) is in writing; b) includes the name of the Company and Employee; c) is signed by the Company and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; 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; and iii. how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and e) states the day on which the arrangement commences. 4.7.4 The Company must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.7.5 The 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) at any time that the Company and Employee agree in writing.

Flexibility Arrangements. ‌ 4.7.1 12.1 An Employee employer and employee covered by this Agreement, and the Company, enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 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; and (b) the arrangement meets the genuine needs of the Employee employer and the Company employee in relation to 1 or more of the matters mentioned in paragraph (aclause 12.1(a); and (c) the arrangement is genuinely agreed to by the Company employer and Employeeemployee. 4.7.2 12.2 The Company 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 194 172 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. 4.7.3 12.3 The Company employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company employer and Employee;employee; and (c) is signed by the Company employer and Employee employee and if If the Employee employee is under 18 years of age, is also signed by a parent or guardian of the Employee;employee; and (d) includes details of: i. (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 employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 4.7.4 12.4 The Company employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.7.5 12.5 The Company employer or Employee 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 – at any time that the Company and Employee agree in writingtime.

Flexibility Arrangements. ‌ 4.7.1 An 63.1 The Company and any Employee covered by this Agreement, and the Company, enterprise agreement may agree to make an individual flexibility arrangement to vary the effect hours of terms of the agreement ifwork arrangement provided in clause 12, provided: (a) Any flexible agreement may allow for up to 12 hours per day to be worked at ordinary time, provided that weekly ordinary hours of work shall be an average of 36 per week and shall not exceed 144 hours in 28 consecutive days. Such an arrangement shall not extend the agreement deals with 1 or more spread of the following matters: i. arrangements about when work is performed; ii. overtime rates; iii. penalty rates; iv. allowances; v. leave loading; ordinary hours beyond 6.00 am to 6.00 pm: and (b) the The arrangement meets the genuine needs of the Employee Company and the Company in relation to 1 or more of the matters mentioned in paragraph (a); Employee: and (c) the arrangement is Is genuinely agreed to by the Company and the Employee. 4.7.2 63.1 The Company 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. 4.7.3 63.1 The Company must ensure that the individual flexibility arrangement: (a) is in writing;: and (b) includes the name of the Company and the Employee;: and (c) is signed by the 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 that will be varied by the arrangement; ii. (i) how the arrangement will vary the effect of the terms; terms of this Agreement: and iii. (ii) how the Employee will be better off overall in relation to the terms and conditions of his or his/her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 4.7.4 63.1 The Company Employee must give the Employee receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.7.5 63.1 The Company 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) at any time that if the Company and Employee agree in writing., at any time. Page 49 of 76

Flexibility Arrangements. ‌ 4.7.1 An Employee (a) The Employer and an employee covered by this Agreement, and the Company, enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: a(i) the agreement deals with 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; and b(ii) the arrangement meets the genuine needs of the Employee employer and the Company employee in relation to 1 or more of the matters mentioned in paragraph (ai); and c(iii) The employer and the arrangement is individual employee must have genuinely agreed to by made the Company and Employeeagreement without coercion or duress. 4.7.2 (b) The Company employer must ensure that the terms of the individual flexibility arrangement: a(i) are about permitted matters under section 172 of the Act;Fair Work Act 2009; and b(ii) are not unlawful terms under section 194 of the ActFair Work Act 2009; and c(iii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 4.7.3 (c) The Company employer must ensure that the individual flexibility arrangement: a(i) is in writing;; and b(ii) includes the name of the Company employer and Employee;employee; and c(iii) is signed by the Company employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employee;employee; and d(iv) includes details of: i. (1) the terms of the Agreement 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 employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and e(v) states the day on which the arrangement commences. 4.7.4 (d) The Company employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.7.5 (e) The Company employer or Employee employee may terminate the individual flexibility arrangement: a(i) by giving no more than 28 days’ days written notice to the other party to the arrangement; or b(ii) if the employer and employee agree in writing — at any time that the Company and Employee agree in writingtime.

Flexibility Arrangements. ‌ 4.7.1 12.1. An Employee employer and employee covered by this Agreement, and the Company, enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement arrangement deals with 1 or more of the following matters: i. arrangements about when work leave is performedto be taken in accordance with clause 59; ii. overtime rates; iii. penalty rates; iv. allowances; v. leave loading; and (b) the arrangement meets the genuine needs of the Employee employer and the Company employee in relation to 1 or more of the matters matter mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Company employer and Employeeemployee. 4.7.2 12.2. The Company 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 employee being better off overall than the Employee employee would be if no arrangement was made. 4.7.3 12.3. The Company employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company employer and Employee;employee; and (c) is signed by the Company employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employee;employee; and (d) includes details of: i. (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 employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 4.7.4 12.4. The Company employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.7.5 12.5. The Company employer or Employee 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 — at any time that time. 12.6. The employer agrees to provide the Company and Employee agree in writingUFU with a copy of any individual flexibility arrangement within 7 days of the arrangement being entered into.

Flexibility Arrangements. ‌ 4.7.1 (a) An Employee employer and employee covered by this Agreement, and the Company, enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: a(i) the agreement deals with 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; and b(ii) the arrangement meets the genuine needs of the Employee employer and the Company employee in relation to 1 or more of the matters mentioned in paragraph (ai); and c(iii) The employer and the arrangement is individual employee must have genuinely agreed to by made the Company and Employeeagreement without coercion or duress. 4.7.2 (b) The Company employer must ensure that the terms of the individual flexibility arrangement: a(i) are about permitted matters under section 172 of the Act;; and b(ii) are not unlawful terms under section 194 of the Act; and c(iii) result in the Employee employee being better off overall than the Employee employee would be if no arrangement was made. 4.7.3 (c) The Company Employer must ensure that the individual flexibility arrangement: a(i) is in writing;; and b(ii) includes the name of the Company Employer and Employee;employee; and c(iii) is signed by the Company Employer and Employee employee and if the Employee employee is under 18 years of age, signed by a parent or guardian of the Employee;employee; and d(iv) 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 employee will be better off overall in relation to the terms and conditions of his nj9 or her employment as a result of the arrangement; and e(v) states the day on which the arrangement commences. 4.7.4 (d) The Company Employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.7.5 (e) The Company Employer or Employee employee may terminate the individual flexibility arrangement: a(i) by giving no more than 28 days’ days written notice to the other party to the arrangement; or b(ii) if the Employer and employee agree in writing — at any time that the Company and Employee agree in writingtime.

Flexibility Arrangements. ‌ 4.7.1 An Employee 60.1 The Company and employee covered by this Agreement, and the Company, enterprise agreement may agree to make an individual flexibility arrangement to vary the effect hours of terms of the agreement ifwork arrangement provided in Clause 12, provided: a) Any flexible agreement may allow for up to 12 hours per day to be worked at ordinary time, provided that weekly ordinary hours of work shall be an average of 36 per week and shall not exceed 144 hours in 28 consecutive days. Such an arrangement shall not extend the agreement deals with 1 or more spread of the following matters: i. arrangements about when work is performed; ii. overtime rates; iii. penalty rates; iv. allowances; v. leave loadingordinary hours beyond 6.00 am to 6.00 pm; and b) the The arrangement meets the genuine needs of the Employee Company and the Company in relation to 1 or more of the matters mentioned in paragraph (a)employee; and c) the arrangement is Is genuinely agreed to by the Company and Employeethe employee. 4.7.2 60.2 The Company 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 employee being better off overall than the Employee employee would be if no arrangement was made. 4.7.3 60.3 The Company must ensure that the individual flexibility arrangement: a(i) is in writing;; and b(ii) includes the name of the Company and the Employee;; and c(iii) is signed by the Company and 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. the terms of the Agreement that will be varied by the arrangement; ii. a. how the arrangement will vary the effect of the termsterms of this Agreement; and iii. b. how the Employee will be better off overall in relation to the terms and conditions of his or his/her employment as a result of the arrangement; and e(v) states the day on which the arrangement commences. 4.7.4 d) The Company Employee must give the Employee receive a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.7.5 e) The Company or Employee may terminate the individual flexibility arrangement: a(i) by giving no more than 28 days’ days written notice to the other party to the arrangement; or b(ii) at any time that if the Company and Employee agree in writing, at any time.

Flexibility Arrangements. ‌ 4.7.1 12.1 An Employee employer and employee covered by this Agreement, and the Company, enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 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; and (b) the arrangement meets the genuine needs of the Employee employer and the Company employee in relation to 1 or more of the matters mentioned in paragraph (aclause 12.1(a); and (c) the arrangement is genuinely agreed to by the Company employer and Employeeemployee. 4.7.2 12.2 The Company 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 194 172 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. 4.7.3 12.3 The Company employer must ensure that the individual flexibility arrangement: (a) is in writing;; and (b) includes the name of the Company employer and Employee;employee; and (c) is signed by the Company employer and Employee employee and if If the Employee employee is under 18 years of age, is also signed by a parent or guardian of the Employee;employee; and (d) includes details of: i. (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 employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 4.7.4 12.4 The Company employer must give the Employee employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 4.7.5 12.5 The Company employer or Employee 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 – at any time that the Company and Employee agree in writingtime.