Common use of Flexibility Clause Clause in Contracts

Flexibility Clause. (a) An Employer and a Teacher covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (i) the agreement deals with 1 or more of the following matters: (A) arrangements about when work is performed; (B) allowances; and (C) leave loading. (ii) the arrangement meets the genuine needs of the Employer and the Teacher in relation to 1 or more of the matters mentioned in paragraph (a); and (iii) the arrangement is genuinely agreed to by the Employer and the Teacher. (b) The Employer must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Act; and (ii) are not unlawful terms under section 194 of the Act; and (iii) result in the Teacher being better off overall than the Teacher would be if no arrangement was made. (c) The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the name of the Employer and the Teacher; and (iii) is signed by the Employer and the Teacher and if the Teacher is under 18 years of age, signed by a parent or guardian of the Teacher; and (iv) includes details of: (A) the terms of the Agreement that will be varied by the arrangement; and (B) how the arrangement will vary the effect of the terms; and (C) how the 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 (v) states the day on which the arrangement commences. (d) The Employer must give the Teacher a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) The Employer or Teacher may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if the Employer and Teacher agree in writing at any time.

Flexibility Clause. (a) An Employer 10.1 The Company and a Teacher an Employee covered by this Agreement in accordance with this clause may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (i) if the agreement deals with 1 one or more of the following mattersfollowing: (Aa) arrangements about when work is performed;; or (Bb) overtime rates; or (c) penalty rates; or (d) allowances; or (e) annual leave loading; and (C) leave loading. (ii) 10.2 the arrangement meets the genuine needs of the Employer employer and the Teacher Employee in relation to 1 one or more of the matters mentioned above in paragraph (a)10.1; and (iii) the 10.3 The arrangement is must be genuinely agreed to by the Employer Company and the Teacher.Employee (b) 10.4 The Employer must ensure that the terms of the individual flexibility arrangement: (ia) are about permitted matters under section 172 of the Act; and (ii) are not unlawful terms under section 194 of the Act; and (iii) result in the Teacher being better off overall than the Teacher would Will be if no arrangement was made. (c) The Employer must ensure that the individual flexibility arrangement: (i) is in writing; and (iib) includes Will include the name of the Employer Company and the TeacherEmployee; and (iiic) is Will be signed by the Employer Company and the Teacher Employee and if the Teacher Employee is under 18 years of age, signed by a parent or guardian of the TeacherEmployee; and (ivd) includes Will include details of: (Ai) the terms of the Agreement that will be varied by the arrangement; and (Bii) how the arrangement will vary the effect of the terms; and (Ciii) how the Teacher 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 (viv) states the day on which the arrangement commences. (d) 10.5 The Employer must give the Teacher Employee will be issued with a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) 10.6 The Employer Company or Teacher the Employee may terminate the individual flexibility arrangement: (ia) by giving no more than 28 days written notice to the other party to the arrangementnotice; or (iib) if the Employer Company and Teacher Employee agree in writing at any time. 10.7 The Company is responsible for ensuring that all of the requirements of clause 10.4 are met 10.8 The employer 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.