Common use of FLEXIBILITY PROVISIONS Clause in Contracts

FLEXIBILITY PROVISIONS. ‌ 16.1 The Company and Employees covered by this Agreement may agree to make an Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if: a) the IFA deals with one (1) or more of the following matters: • Annualised salary • Arrangements about when work is performed; • Overtime rates; • Penalty rates; • Allowances; • Leave loading; and b) The IFA meets the genuine needs of the Company and the Employee in relation to one (1) or more of the matters listed above; and c) The IFA is genuinely agreed to by the Company and Employee. 16.2 The Company must ensure that the terms of the IFA: a) Are about permitted matters under section 172 of the ‘Fair Work Act 2009 (Cth)’; and b) Are not unlawful terms under section 194 of the ‘Fair Work Act 2009 (Cth)’; and c) Result in the Employee being better off overall than the Employee would be if no IFA was made. 16.3 The Company must ensure that the IFA: a) Is In writing; and b) Includes the name of the Company and the Employee; and c) Is signed by the Company and the 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 the terms of the Agreement that will be varied by the IFA; and e) Includes details of How the IFA will vary the effect of the terms; and f) Includes details of How the Employee will be better of overall in relation to the terms and conditions of his or her employment as a result of the IFA; and g) States the day on which the IFA commences. 16.4 The Company must give the Employee a copy of the IFA within fourteen (14) days after it is agreed to. 16.5 The Company or the Employee may terminate the IFA: a) By giving no less than twenty-eight (28) days written notice to the other party to the arrangement; or b) If the Company and the Employee agree in writing at any time.

FLEXIBILITY PROVISIONS. ‌ 16.1 17.1 The Company and Employees an Employee covered by this the Agreement may agree to make an Individual Flexibility Arrangement (IFA) to vary the effect of terms of the Agreement if: a) : Employees are employed as senior managers, technical specialists or administrative support staff and the IFA deals with one (1) or more of the following matters: • Annualised salary •  Arrangements about when work is performed; •  Overtime rates; •  Penalty rates; •  Allowances; •  Leave loading; and b) or All other Employees and the IFA deals with the following matter:  Travel Passes - A first class rail pass for use by the Employee, spouse and eligible dependant whilst the Employee is on annual and/or long service leave; and The IFA meets the genuine needs of the Company and the Employee in relation to one (1) or more of the matters listed above; and c) and The IFA is genuinely agreed to by the Company and Employee. 16.2 17.2 The Company must ensure that the terms of the IFA: a) :  Are about permitted matters under section 172 of the ‘Fair Work Act 2009 (Cth)’; and b) and  Are not unlawful terms under section 194 of the ‘Fair Work Act 2009 (Cth)’; and c) and  Result in the Employee being better off overall than the Employee would be if no IFA was made. 16.3 17.3 The Company must ensure that the IFA: a) :  Is In in writing; and b) and  Includes the name of the Company and the Employee; and c) and  Is signed by the Company and the Employee and if the Employee is under eighteen (18) years of age, signed by a parent or guardian of the Employee; and d) 17.4 Includes details of the of:  The terms of the Agreement that will be varied by the IFA; and e) Includes details of and  How the IFA will vary the effect of the terms; and f) Includes details of and  How the Employee will be better of off overall in relation to the terms and conditions of his or her employment as a result of the IFA; and g) and  States the day on which the IFA commences. 16.4 17.5 The Company must give the Employee a copy of the IFA within fourteen (14) days after it is agreed to. 16.5 17.6 The Company or the Employee may terminate the IFA: a) :  By giving no less than twenty-twenty eight (28) days written notice to the other party to the arrangement; or b) or  If the Company and the Employee agree in writing – at any time.