Individual Flexibility Agreement Clause Samples
An Individual Flexibility Agreement (IFA) is a clause that allows an employer and an individual employee to vary certain terms of an award or enterprise agreement to better suit their specific needs. Typically, this might involve adjusting work hours, overtime rates, or leave arrangements, provided the employee is left better off overall compared to the standard terms. The core function of this clause is to provide flexibility for both parties while ensuring minimum employment standards are maintained, thereby accommodating unique circumstances without undermining employee protections.
Individual Flexibility Agreement. (a) Notwithstanding any other provision of this Agreement, the employer and an individual employee may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(i) the agreement deals with one or more of the following matters:
(A) arrangements about when work is performed (e.g. hours of work);
(B) overtime rates;
(C) penalty rates;
(D) allowances;
(E) leave loading; and
(F) location; and
(ii) the arrangement meets the genuine needs of the employer and the employee in relation to one or more of the matters mentioned above at clause 6(a)(i); and
(iii) the arrangement is genuinely agreed to by the employer and the employee.
(b) The employer must ensure the terms of the individual flexibility arrangement:
(i) are about permitted matters under section 172 of the FWA;
(ii) are not unlawful terms under section 194 of the FWA; and
(iii) result in the employee being better off overall at the time that the employee would be if no arrangement was made.
(c) The employer must ensure that the individual flexibility arrangement:
(i) is in writing;
(ii) includes the name of the employer and employee; and
(iii) is signed by the employer and employee and, if the employee is under 18 years of age, signed by the employee’s parent or guardian;
(iv) includes details of:
(A) the terms of this Agreement that will be varied;
(B) how the arrangement will vary the effect of those terms;
(C) how the employee will be better off overall in relation to the terms and conditions of employment of his or her employment as a result of the arrangement; and
(v) states the date on which the arrangement commences.
(d) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to and keep the agreement as a time and wages record.
(e) The employer or employee may terminate the individual flexibility arrangement:
(i) by giving twenty-eight (28) days' notice of termination, in writing, to the other party to the arrangement; or
(ii) at any time, by written agreement between the employer and the employee.
Individual Flexibility Agreement. 9.1 Yarra Trams and an employee covered by this 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) leave;
(ii) Rostered Days Off; and
(b) the arrangement meets the genuine needs of ▇▇▇▇▇ ▇▇▇▇▇ and employee in relation to 1 or more of the matters mentioned in paragraph (a); and the arrangement is genuinely agreed to by ▇▇▇▇▇ ▇▇▇▇▇ and the employee.
9.2 Yarra Trams 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.
9.3 Yarra Trams must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of ▇▇▇▇▇ ▇▇▇▇▇ and the employee; and
(c) is signed by ▇▇▇▇▇ ▇▇▇▇▇ and the 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 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.
9.4 Yarra Trams must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
9.5 Yarra Trams or the 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) if ▇▇▇▇▇ ▇▇▇▇▇ and employee agree in writing — at any time.
Individual Flexibility Agreement. (1) An employer and employee covered by this enterprise agreement may agree, without coercion of duress, 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 employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee.
(2) 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.
(3) 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 18 years of age, signed by a parent or guardian of the employee; and
(d) includes details of:
(i) the terms of the 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.
(4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to and must take reasonable steps to ensure that the employee understands the individual flexibility agreement.
(5) The employer 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) if the employer and employee agree in writing — at any time
Individual Flexibility Agreement. St ▇▇▇▇ and an Employee may agree to make an Individual Flexibility Agreement (IFA) to vary the effect of terms of this Agreement if:
(a) the IFA deals with one or more of the following matters;
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances; and/or
(v) leave loading.
(b) the IFA meets the genuine needs of St ▇▇▇▇ and the Employee in relation to one or more of the matters mentioned above; and
(c) the IFA is genuinely agreed to by St ▇▇▇▇ and the Employee.
Individual Flexibility Agreement. (IFA)
11.1. In order to meet the parties’ genuine needs, the Company and an Employee must genuinely agree to make an individual flexibility arrangement (IFA) to vary the effect of terms of this Agreement in relation to one or more of the following matters: arrangements about when work is performed; overtime rates; penalty rates; allowances; and leave loading.
11.2. The Company must ensure that the terms of the IFA: are about permitted matters under the FW Act; are not unlawful terms under the FW Act; and result in the Employee being better off overall than the Employee would be if no arrangement was made.
11.3. The Company must ensure that the IFA: is in writing; includes the name of the Company and the Employee; is signed by the Company and the Employee; and if the Employee is under eighteen (18) years of age, the IFA is signed by the Company, the Employee, and a parent or guardian of the Employee; includes details of:
i. the terms of this Agreement that will be varied by the IFA;
ii. how the IFA will vary the effect of the terms;
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 IFA; and
iv. states the day on which the IFA commences.
11.4. The Company must give the Employee a copy of the IFA within fourteen (14) days after it is agreed to.
11.5. The Company or Employee may terminate the IFA: by giving no more than twenty eight (28) days written notice to the other party to the IFA; or at any time if the Company and Employee agree in writing.
Individual Flexibility Agreement. You may be offered or you may request an individual flexibility agreement (IFA) in accordance with the Award. Any such IFA will be documented and agreed separately to this employment contract. In the event that an IFA is terminated by either party in accordance with the termination provisions of the Award, the terms and conditions varied by the IFA will revert to the appropriate minimum Award terms, including the appropriate minimum Award wage rate.
Individual Flexibility Agreement. 1.13.1 An employee covered by this Agreement may request to make an Individual Flexibility Arrangement to vary the effect of terms of their employment in order to meet the genuine needs of the employee and employer. The terms that may be varied are:
a) The arrangement deals with one or more of the following matters:
i) arrangements about when work is performed;
ii) overtime rates;
iii) penalty rates;
iv) allowances; and
v) leave loading
b) Extending parental leave.
1.13.2 Any individual flexibility agreement agreed to under this Enterprise Agreement must be genuinely agreed to by the employer and the employee.
1.13.3 The employer must not exert undue influence or undue pressure on an employee in relation to the making of an individual flexibility arrangement.
1.13.4 Where the employer seeks to enter into an individual flexibility arrangement, the employer must provide a written proposal to the employee. Where the employee’s understanding of written English is limited, the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
1.13.5 Seqwater must ensure that the terms of the Individual Flexibility Arrangement:
a) Are permitted matters under Section 172 of the Fair Work ▇▇▇ ▇▇▇▇;
b) Do not include unlawful terms under Section 194 of the Fair Work ▇▇▇ ▇▇▇▇;
c) Be entered into after the employee has commenced employment with Seqwater;
d) Result in the employee being better off overall at the time the agreement is made than the employee would have been if no Individual Flexibility Agreement had been agreed to; and
e) Will not impact upon the workplace health and safety obligations (e.g. fatigue, security).
1.13.6 Seqwater must ensure that the Individual Flexibility Arrangement:
a) Is in writing;
b) Includes the name of Seqwater and the employee;
c) Is signed by Seqwater and the employee and, if the employee is under 18 years of age, signed by the employee’s parent or guardian;
d) Includes details of:
i) the terms of the Enterprise Agreement that will be varied by the arrangement;
ii) how the arrangement will vary the effect of the terms;
iii) how the employee will be better off overall in relation to the employee’s terms and conditions of employment.
Individual Flexibility Agreement. 7.1 Despite anything else in this Agreement, Boral and an individual Employee may agree to make and individual flexibility arrangement to vary the effect of the terms of this Agreement relating to any of the following in order to meet the genuine needs of both the Employee and Boral:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
7.2 An individual flexibility arrangement must be one that is genuinely made by ▇▇▇▇▇ and the individual Employee without coercion or duress.
7.3 An individual flexibility arrangement must be about permitted matters for the purposes of s172 of the Act and must not include any terms that would be unlawful terms for the purposes of s193 of the Act.
7.4 If ▇▇▇▇▇ wishes to initiate the making of an individual flexibility arrangement, ▇▇▇▇▇ must:
(a) give the Employee a written proposal; and
(b) if Boral is aware that the Employee has, or reasonably should be aware that the Employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the Employee understands the proposal.
7.5 An individual flexibility arrangement must result in the Employee being better off overall at the time the individual flexibility arrangement is made than if the individual flexibility arrangement had not been made.
7.6 An individual flexibility arrangement must do all of the following:
(a) state the names of the Company and the Employee; and
(b) identify the Agreement term, or Agreement terms, the application of which is to be varied; and
(c) set out how the application of the Agreement term, or each Agreement term, is varied; and
(d) set out how the individual flexibility arrangement results in the Employee being better off overall at the time the arrangement is made than if the arrangement had not been made; and
(e) state the date the individual flexibility arrangement is to start.
7.7 An individual flexibility arrangement must be:
(a) in writing; and
(b) signed by Boral and the Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian.
7.8 Except as provided in clause 7.6(b), an individual flexibility arrangement must not require the approval or consent of a person other than Boral and the Employee.
7.9 Boral must keep the individual flexibility arrangement as a time and wages record and give a copy to the Employee within 14 days after it...
Individual Flexibility Agreement. Line and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement if:
Individual Flexibility Agreement. 12.1.1 The Employer and an Employee may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
12.1.1.1 the Agreement deals with 1 or more of the following matters:
a) arrangements about when work is performed;
b) overtime rates;
c) penalty rates;
d) allowances;
e) leave loading; and
12.1.1.2 the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph 12.1.1.1