Common use of Flexibility Arrangements Clause in Contracts

Flexibility Arrangements. 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 the Agreement if: (a) the Agreement deals with one or more of the following matters: (i) act-up arrangements; (ii) an employee may request that up to three (3) days annual leave be taken in single day absences; and (b) the arrangement meets the genuine needs of the Company and employee in relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Company and the employee. 6.2 The Company must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made. 6.3 The Company must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Company and employee; and (c) is signed by the Company and employee and if the employee is under eighteen (18) years of age, signed by a parent or guardian of the employee; and (d) includes details of: i) the terms of the Agreement that will be varied by the arrangement; and ii) how the arrangement will vary the effect of the terms; and iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences; and 6.4 The Company must give the employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 6.5 The Company or employee may terminate the individual flexibility arrangement: (a) by giving no more than twenty eight (28) days written notice to the other party to the arrangement; or (b) if the Company and employee agree in writing — at any time.

Flexibility Arrangements. 6.1 (a) The Company employer and an employee employees covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (ai) the Agreement agreement deals with one 1 or more of the following matters: (i1) act-up arrangementsarrangements about when work is performed; (ii2) an employee may request that up to three overtime rates; (3) days annual penalty rates; (4) allowances; (5) leave be taken in single day absencesloading; and (bii) the arrangement meets the genuine needs of the Company employer and employee in relation to one 1 or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement is genuinely agreed to by the Company The employer and the employeeindividual employee must have genuinely made the agreement without coercion or duress. 6.2 (b) The Company employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009; and; (bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. 6.3 (c) The Company employer must ensure that the individual flexibility arrangement: (ai) is in writing; and; (bii) includes the name of the Company employer and employee; and; (ciii) is signed by the Company employer and employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee; and (div) 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; and (ev) states the day on which the arrangement commences; and. 6.4 (d) The Company employer must give the employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. 6.5 (e) The Company employer or employee may terminate the individual flexibility arrangement: (ai) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or (bii) if the Company employer and employee agree in writing — at any time.

Flexibility Arrangements. 6.1 The Company 14.1. An employee and an employee the employer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the Agreement ifagreement to either: (a) vary the Agreement deals with one or more effect of sub-clause 109.1111.1 by allowing the following matters: (i) act-up arrangements; (ii) an employee may request that up to three (3) days purchase additional annual leave be taken over and above the entitlement provided for in single day absencessub-clause 109.1111.1; andor (b) vary the effect of clause 26 by allowing the employee to cash out part or all of the Accrued Time Off entitlement provided for in that clause; if the arrangement meets the genuine needs of the Company employer and employee in relation to one or more of the matters mentioned contained in paragraph (a); and (c) this clause and the arrangement is genuinely agreed to by the Company employer and the employee. 6.2 14.2. The Company employer must ensure that the terms of the any individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009FW Act; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009FW Act; and (c) result in the employee being better off overall than the employee would be have been if no arrangement was made. 6.3 14.3. The Company employer must ensure that the any individual flexibility arrangementarrangement made under this term: (a) is in writing; and (b) includes the name of the Company employer and the employee; and (c) is signed by the Company employer and employee and if the employee is under eighteen (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 (e) states the day on which the arrangement commences; and. 6.4 14.4. The Company employer must give the employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. 6.5 14.5. The Company employer or the employee may terminate the individual flexibility arrangement:arrangement by (a) by giving no more than twenty eight (28) 28 days written notice to the other party to of the arrangement; or (b) if the Company employer and employee agree in writing — – at any time. 14.6. Except as required by sub-clause 14.3 the employer must ensure that any individual flexibility arrangement made by the employer and an employee under this term does not require the approval or consent of another person.

Flexibility Arrangements. 6.1 The Company (a) 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 the Agreement agreement if: (ai) the Agreement agreement deals with one 1 or more of the following matters: (i1) act-up arrangementsarrangements about when work is performed; (ii2) an employee may request that up to three overtime rates; (3) days annual penalty rates; (4) allowances; (5) leave be taken in single day absencesloading; and (bii) the arrangement meets the genuine needs of the Company employer and employee in relation to one 1 or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement is genuinely agreed to by the Company The employer and the employeeindividual employee must have genuinely made the agreement without coercion or duress. 6.2 (b) The Company employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009Act; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009Act; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. 6.3 (c) The Company Employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Company Employer and employee; and (ciii) is signed by the Company Employer and employee and if the employee is under eighteen (18) 18 years of age, signed by a 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 (ev) states the day on which the arrangement commences; and. 6.4 (d) The Company Employer must give the employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. 6.5 (e) The Company Employer or employee may terminate the individual flexibility arrangement: (ai) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or (bii) if the Company Employer and employee agree in writing — at any time.

Flexibility Arrangements. 6.1 (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 the this Agreement if: (a) the Agreement deals with one or more of the following mattersthat relate to: (i) act-up arrangementsarrangements about when work is performed; (ii) an employee overtime rates; (iii) penalty rates; Any flexibility arrangement may request that only allow for up to three (3) days annual leave 12 hours per day to be taken 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 single day absences; and28 consecutive days. Any individual flexibility arrangement must:- (b1) the arrangement meets meet the genuine needs of the Company and employee in relation to one 1 or more of the matters mentioned in paragraph (a1)(i) to (iii); and (c2) the arrangement is genuinely be agreed to by the Company and the employee. 6.2 (b) The Company must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009▇▇▇ ▇▇▇▇; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009▇▇▇ ▇▇▇▇; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. 6.3 (c) The Company must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Company and employee; and (ciii) is signed by the Company and the employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee; 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 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; and. 6.4 (f) The Company employee must give the employee receive a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. 6.5 (g) The Company or the employee may terminate the individual flexibility arrangement: (ai) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or (bii) if If the Company and employee agree in writing — at any time.

Flexibility Arrangements. 6.1 The Company (a) 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 the Agreement agreement if: (ai) the Agreement agreement deals with one 1 or more of the following matters: (i1) act-up arrangementsarrangements about when work is performed; (ii2) an employee may request that up to three overtime rates; (3) days annual penalty rates; (4) allowances; (5) leave be taken in single day absencesloading; and (bii) the arrangement meets the genuine needs of the Company employer and employee in relation to one 1 or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement is genuinely agreed to by the Company The employer and the employeeIndividual employee must have genuinely made the agreement without coercion or duress. 6.2 (b) The Company employer must ensure that the terms of the individual flexibility arrangement: (ai) are about permitted matters under section 172 of the Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement was made. 6.3 (c) The Company employer must ensure that the individual flexibility arrangement: (ai) is in writing; and (bii) includes the name of the Company employer and employee; and (ciii) is signed by the Company employer and employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee; and (d) and 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 will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e4) states the day on which the arrangement commences; and. 6.4 (d) The Company employer must give the employee a copy of the individual flexibility arrangement within fourteen (14) 14 days after it is agreed to. 6.5 . The Company employer or employee may terminate the individual flexibility arrangement: (a) 1. by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangement; or (b) 2. if the Company employer and employee agree in writing — - at any time. (e) 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: i. the parent or has the responsibility for the care of a child who is of school age or younger; ii. a carer (within the meaning of the Carer Recognition Act 2010); iii. has a disability; iv. is 55 or older; v. is experiencing violence from a member of the Employee’s family; or vi. 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. (f) A request made pursuant to Clause 43(e) of this Agreement must be in writing and set out the detailed reasons for the change. (g) An employee who takes unpaid parental leave for his or her available parental leave period may request his or her employer to agree to an extension of unpaid parental leave for the employee for a further period of up to 12 months immediately following the end of the available parental leave period in accordance with s.76 of the Fair Work Act. The request must be in writing and must be given to the employer at least 4 weeks before the end of the available parental leave period. (h) The Employer must respond in writing to a request made pursuant to Clause 43(e) or Clause 43(g) 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 refuse the request 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. (i) To avoid doubt, and without limiting Clauses 43(e) and Clause 43(g), an Employee who: i. is a parent, or has responsibility for the care, of a child; and ii. 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. (j) The Employee is not entitled to make a request pursuant to Clause 43(e) unless: i. 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 ii. for a casual employee – the Employee: (1) is a long term casual Employee of the Employer immediately before making the request; and (2) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (k) A dispute concerning the rejection by the employer, on the basis of reasonable business grounds, of an application for flexible work arrangements made pursuant to clause 43(e) or Clause 43(g), is subject to the dispute resolution procedure, including both conciliation and arbitration, as set out in Clause 9.

Flexibility Arrangements. 6.1 The Company ‌ (a) An employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of the Agreement if: (ai) the Agreement IFA deals with one 1 or more of the following matters: (i1) act-up arrangementsovertime rates; (2) penalty rates; (3) allowances; (4) leave loading; (5) arrangements about when work is performed; and (ii) an employee may request that up to three (3) days annual leave be taken in single day absences; and (b) the arrangement IFA meets the genuine needs of the Company employer and employee in relation to one 1 or more of the matters mentioned in paragraph (ai); and (ciii) the arrangement IFA is genuinely agreed to by the Company employer and the employee. 6.2 (b) The Company employer must ensure that the terms of the individual flexibility arrangementIFA: (ai) are about permitted matters under section 172 of the Fair Work Act 2009; and (bii) are not unlawful terms under section 194 of the Fair Work Act 2009; and (ciii) result in the employee being better off overall than the employee would be if no arrangement IFA was made. 6.3 (c) The Company employer must ensure that the individual flexibility arrangementIFA: (ai) is in writing; and (bii) includes the name of the Company employer and employee; and (ciii) is signed by the Company employer and employee and if the employee is under eighteen (18) 18 years of age, signed by a parent or guardian of the employee; and (div) includes details of: i(1) the terms of the Agreement that will be varied by the arrangementIFA; and ii(2) how the arrangement IFA 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 arrangementIFA; and (ev) states the day on which the arrangement IFA commences; and. 6.4 (d) The Company employer must give the employee a copy of the individual flexibility arrangement IFA within fourteen (14) 14 days after it is agreed to. 6.5 (e) The Company employer or employee may terminate the individual flexibility arrangementIFA: (ai) by giving no more than twenty eight (28) 28 days written notice to the other party to the arrangementIFA; or (bii) if the Company employer and employee agree in writing — at any time.