Common use of FLEXIBILITY PROVISION Clause in Contracts

FLEXIBILITY PROVISION. In addition to any other provision which provides for flexibility provided for by this Agreement, the Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement in order to meet the genuine needs of the Employee and Employer if: (a) the arrangement 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; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee without coercion or duress; and (d) the arrangement is made after the Employee has commenced employment with the Employer. 12.2. If the Employer wishes to initiate discussions about the making of an arrangement, it must: (a) give the Employee a written proposal; (b) provide a written statement to the Employee indicating that the Employee may refuse the arrangement the Employer has proposed; and (c) 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 to ensure that the Employee understands the proposal. For the avoidance of doubt, an Employee can refuse to agree to an individual flexibility arrangement proposed by the Employer. 12.3. 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. 12.4. 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 eighteen (18) years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the term or terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the term, or each of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 12.5. The Employer must keep the individual flexibility arrangement as a time and wages record and give the Employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to 12.6. The Employer 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 Employer and Employee agree in writing — at any time.

FLEXIBILITY PROVISION. In addition to any other provision which provides for flexibility provided for by this Agreement, the Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement in order to meet the genuine needs of the Employee and Employer if: (a) the arrangement 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; and (b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in subclause 12.1(a); and (c) the arrangement is genuinely agreed to by the Employer and Employee without coercion or duress; and. (d) the arrangement is made after the Employee has commenced employment with the Employer. 12.2. If the Employer wishes to initiate discussions about the making of an arrangement, it must: (a) give the Employee a written proposal; (b) provide a written statement to the Employee indicating that the Employee may refuse the arrangement the Employer has proposed; and (c) if the Employer is aware that the Employee has, or reasonably should be aware, aware that that the Employee may have have, limited understanding of written English, take reasonable steps to ensure that the Employee understands the proposal. For the avoidance of doubt, an Employee can refuse to agree to an individual flexibility arrangement proposed by the Employer. 12.3. 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. 12.4. 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 eighteen (18) years of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the term or terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the term, or each of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangementarrangements; and (e) states state the day on which the arrangement commences. 12.5. The Employer must keep the individual flexibility arrangement as a time and wages wage record and give the Employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 12.6. The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than twenty-eight (2828 days) days’ written notice to the other party to the arrangement; , or (b) if the Employer and Employee agree in writing — at any time.