Common use of Individual Flexibility Agreement Clause in Contracts

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 is agreed to. 7.10 An individual flexibility arrangement may be terminated: (a) at any time, by written agreement between Boral and the Employee; or (b) by ▇▇▇▇▇ or Employee giving not more than 28 days’ written notice to the other party. 7.11 An individual flexibility arrangement terminated as mentioned in clause 7.10(b) ceases to have effect at the end of the period of notice required under that clause. 7.12 The right to make an agreement under clause 7 is additional to, and does not affect, any other term of this Agreement that provides for an agreement between Boral and an individual Employee.

Individual Flexibility Agreement. 7.1 Despite anything else (a) Notwithstanding any of the other provisions in this Agreement, Boral Qube and an individual Employee may agree to make and individual flexibility arrangement to vary the effect application of the terms of this Agreement relating to any of the following in order to meet the genuine individual needs of both Qube and the individual Employee. The terms of the Agreement and the individual Employee and Boralmay agree to vary are those concerning: (ai) arrangements Arrangements for when work is performed; (ii) Overtime rates; orand, (iii) Penalty rates. (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 ▇▇▇▇▇ Qube and the individual Employee must have genuinely made the agreement without coercion or duress. 7.3 An (c) The agreement between Qube and the 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 than the time the Employee would have been if no individual flexibility arrangement is made than if the individual flexibility arrangement agreement had not been madeagreed to. 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 agreement between Qube and 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 bealso: (ai) Be in writing; and (b) , name the parties to the agreement, be signed by Boral ▇▇▇▇ and the individual Employee and, if the Employee is under 18 years of age, by the Employee’s 's parent or guardian; (ii) State the date the agreement commences to operate; (iii) State each term of this Agreement that Qube and the Employee have agreed to vary; (iv) Detail how this Agreement has been varied; and (v) Detail how the arrangement meets the Better Off Overall Test (BOOT). 7.8 Except as provided in clause 7.6(b), an (e) Qube must give the individual flexibility arrangement must not require Employee a copy of the approval or consent of a person other than Boral and the Employeeagreement within 14 days. 7.9 Boral must keep the individual flexibility arrangement as a time and wages record and give a copy (f) Any agreement made pursuant to the Employee within 14 days after it is agreed to. 7.10 An individual flexibility arrangement an IFA may be terminated: (ai) at By Qube or the individual Employee by giving four weeks' notice of termination, in writing, to the other party; or (ii) At any time, by written agreement between Boral Qube and the individual Employee; or. (bg) by ▇▇▇▇▇ or Employee giving not more than 28 days’ written notice to the other party. 7.11 An individual flexibility arrangement terminated as mentioned in clause 7.10(b) ceases to have effect at the end of the period of notice required under that clause. 7.12 The right to make an agreement under clause 7 pursuant is additional in addition to, and does is not intended to otherwise affect, any provision for an agreement between Qube and an individual Employee contained in any other term of this Agreement that provides for an agreement between Boral and an individual EmployeeAgreement.

Individual Flexibility Agreement. 7.1 Despite anything else in this Agreement, Boral 8.1 The Employer and an individual Employee covered by this Agreement may agree to make and an 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 Boralarrangements about when work is performed, providing: (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 the arrangement must be one that is genuinely made by ▇▇▇▇▇ and meets the individual Employee without coercion or duress. 7.3 An individual flexibility arrangement must be about permitted matters for the purposes of s172 genuine needs 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 Employer and the Employee; and (b) identify the Agreement term, or Agreement terms, arrangement is genuinely agreed to by the application Employer and the Employee. 8.2 The Employer must ensure that the terms of which is to be variedthe individual flexibility arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; 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 result in the Employee being better off overall at than the time the Employee would be if no arrangement is made than if the arrangement had not been was made; and. (e) state the date 8.3 The Employer must ensure that the individual flexibility arrangement is to start. 7.7 An individual flexibility arrangement must bearrangement: (a) is in writing; and; (b) includes the name of the Employer and the Employee; (c) is signed by Boral the Employer and the Employee and, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; (d) includes details of: (i) the terms of this Agreement that will be varied by the Employee’s parent arrangement; (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 guardianher employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 7.8 Except as provided in clause 7.6(b), an individual flexibility arrangement 8.4 The Employer must not require give the approval or consent Employee a copy 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 is agreed toagreed. 7.10 An 8.5 The Employer or Employee may terminate the individual flexibility arrangement may be terminatedarrangement: (a) at any time, by written agreement between Boral and the Employee; or (b) by ▇▇▇▇▇ or Employee giving not more than 28 days’ written notice to the other partyparty to the arrangement; or (b) if the Employer and Employee agree in writing — at any time. 7.11 An individual flexibility arrangement terminated as mentioned in clause 7.10(b) ceases to have effect at the end of the period of notice required under that clause. 7.12 The right to make an agreement under clause 7 is additional to, and does not affect, any other term of this Agreement that provides for an agreement between Boral and an individual Employee.