Common use of Individual Flexibility Arrangement Clause in Contracts

Individual Flexibility Arrangement. TBS and an employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the application of terms of this Agreement to meet the genuine needs of TBS and the employee. The terms of the Agreement which may be varied by the IFA are: arrangements about when and where work is performed; overtime rates; penalty rates; allowances; and leave loading. The decision to enter into an IFA must be genuinely agreed to by TBS and the employee. TBS must ensure that the terms of the IFA: are about permitted matters under section 172 of the Act; are not unlawful terms under section 194 of the Act; and result in the employee being better off overall than the employee would be if no IFA was made. For an IFA to take effect, the IFA must be: in writing; include the name of TBS and the employee and, if the employee is under 18 years of age, be signed by a parent or guardian of the employee; is signed by the Director, HR and the line Director; and includes details of: the terms of the Agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and 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 states the day on which the arrangement commences. TBS must give the employee a copy of the IFA within 14 days after it is agreed to. TBS or the employee may terminate the IFA: by giving no more than 28 days written notice to the other party to the arrangement in which case the arrangement will cease to operate at the end of the notice period; or if TBS and the employee agree in writing, at any time. The right to make an individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between TBS and an individual employee contained in any other term of this Agreement. Part 3 - Consultation and Dispute Resolution Consultation about Major Workplace Change This clause applies if TBS has made a definite decision to introduce a major change in production, programme, organisation, structure or technology in relation to its enterprise that is likely to have significant effects on employees covered by this Agreement. TBS acknowledges the role of the roundtable discussion group in consultation mechanisms. The roundtable discussion group includes representatives from TBS and the unions who are parties to the Agreement. TBS must notify the relevant employees of the decision to introduce the major change. Relevant employees means the employees who may be affected by the change referred to in clause 10.1. If the relevant employees are entitled to be covered to a union who is a party to this Agreement, TBS will notify that union of the decision to introduce major change. The relevant employees may appoint a representative for the purposes of the procedures in this clause. TBS must recognise the representative if: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative. As soon as practical after making its decision, TBS will: discuss with the relevant employees and their representatives: the introduction of the change; and: the effect the change is likely to have on employees; and measures TBS is taking to avert or mitigate the adverse effects of the change on employees; and For the purpose of the discussion TBS will provide in writing to the relevant employees and their representatives: all relevant information about the change including the nature of the change proposed, and information about the expected effects of the change on employees, and any other matters likely to affect the employees. However, TBS is not required to disclose confidential or commercially sensitive information to the relevant employees. TBS will give prompt and genuine consideration to matters raised about the major change by the relevant employees and/or their workplace representatives. Consultation about Change to Regular Rosters or Ordinary Hours of Work This term applies if TBS proposes to introduce a change to the regular roster or ordinary hours of work of employees. TBS will notify the relevant employees of the proposed change. Relevant employees means the employees who may be affected by the change referred to in clause 11.1. If the relevant employees are entitled to be covered to a union who is a party to this Agreement, TBS will notify that union of the proposed change. The relevant employees can appoint a representative for the purposes of the procedures in this clause. TBS must recognise the representative if: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative. As soon as practical after proposing to introduce the change, TBS will: Discuss with the relevant employees and their representatives the introduction of the change; and For the purposes of the discussion provide to the relevant employees and their representatives: all relevant information about the proposed change, including the nature of the change; and information about what TBS reasonably believes will be the effects of the change on the employees; and information about any other matters that TBS reasonably believes are likely to affect the employees; and invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities) However, TBS is not required to disclose confidential or commercially sensitive information to the employees. TBS will give prompt and genuine consideration to matters raised about the change by the relevant employees and/or their representatives. The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

Individual Flexibility Arrangement. TBS The Chief Executive Officer and an employee covered by this Agreement may agree to make an individual flexibility arrangement Individual Flexibility Arrangement (IFA) to vary the application effect of terms of this Agreement to meet the genuine needs of TBS and the employee. The terms of the Agreement which may be varied by if: the IFA aredeals with one or more of the following matters: arrangements about when and where work is performed; arrangements regarding travel; overtime rates; penalty rates; allowances; remuneration; and/or leave; and leave loading. The decision the arrangement meets the genuine needs of the Agency and the employee in relation to enter into an IFA must be one or more of the matters mentioned above; and the arrangement is genuinely agreed to by TBS the Chief Executive Officer and the employee. TBS The Chief Executive Officer must ensure that the terms of the IFA: are about permitted matters under section 172 of the Fair Work Act; and are not unlawful terms under section 194 of the Fair Work Act; and result in the employee being better off overall than the employee would be if no IFA arrangement was made. For an IFA to take effect, The Chief Executive Officer must ensure that the IFA must beIFA: is in writing; include and includes the name of TBS the employer and the employee; and is signed by the Chief Executive Officer and the employee and, and if the employee is under 18 years of age, be signed by a parent or guardian of the employee; is signed by the Director, HR and the line Director; and includes details of: the terms of the Agreement that will be varied by the arrangementIFA; and how the arrangement IFA will vary the effect of the terms; and how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangementIFA; and states the day on which the arrangement IFA commences. TBS The Chief Executive Officer must give the employee a copy of the IFA within 14 days after it is agreed to. TBS The Chief Executive Officer or the employee may terminate the IFA: by giving no more less than 28 days written notice to the other party to the arrangement in which case the arrangement will cease to operate at the end of the notice periodarrangement; or if TBS the Chief Executive Officer and the employee agree in writing, writing — at any time. The right Flexible Remuneration and Salary Packaging Employees are entitled to make access flexible remuneration and salary packaging. Further details are provided in the Safe Work Australia Salary Packaging Policy. Employees may package up to 100% of salary. Where an employee takes up the option of flexible remuneration packaging on a ‘salary sacrifice’ basis, the employee’s salary for purposes of superannuation, severance and termination payments (and any other purpose) will be determined as if the flexible remuneration packaging arrangement had not been entered into. Any fringe benefits tax incurred in relation to an individual flexibility employee as a result of his or her salary packaging arrangement will be met by the individual employee. Determinations on Salary and Classification When making a determination in relation to salary or classification under this clause is in addition clauses 28 to 35, the Chief Executive Officer will have regard to the following factors (as relevant): the experience, qualifications and skills of the employee; the salary payable to, and is not intended to otherwise affectclassification of, any provision for an agreement between TBS and an individual the employee contained in any other term respect of this Agreement. Part 3 - Consultation and Dispute Resolution Consultation about Major Workplace Change This clause applies if TBS has made a definite decision to introduce a major change in production, programme, organisation, structure or technology the duties they are currently performing; the classification of the employee in relation to its enterprise that is likely to have significant effects on employees covered by this Agreement. TBS acknowledges their new duties; qualifying periods for salary advancement under the role of the roundtable discussion group in consultation mechanisms. The roundtable discussion group includes representatives from TBS Performance and the unions who are parties to the Agreement. TBS must notify the relevant employees of the decision to introduce the major change. Relevant employees means the employees who may be affected by the change referred to in clause 10.1. If the relevant employees are entitled to be covered to a union who is a party to this Agreement, TBS will notify that union of the decision to introduce major change. The relevant employees may appoint a representative for the purposes of the procedures in this clause. TBS must recognise the representative if: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultationDevelopment Scheme; work level standards; and the employee or employees advise the employer of the identity of the representative. As soon as practical after making its decision, TBS will: discuss with the relevant employees and their representatives: the introduction of the change; and: the effect the change is likely to have on employees; and measures TBS is taking to avert or mitigate the adverse effects of the change on employees; and For the purpose of the discussion TBS will provide in writing to the relevant employees and their representatives: all relevant information about the change including the nature of the change proposedduties which are to be assigned to the employee. Salary on Engagement or Promotion Where an employee is engaged (either on an ongoing or a non-ongoing basis) or is promoted within or to the Agency, and information about salary will be payable at the expected effects minimum point of the change on employeesAgency’s salary range applicable to the classification of the employee, and any other matters likely to affect unless the employees. HoweverChief Executive Officer authorises payment of salary above the minimum point in that salary range, TBS is not required to disclose confidential or commercially sensitive information having regard to the relevant employeesfactors outlined in clause 27. TBS Periods of temporary assignment will give prompt count towards the qualifying period for salary advancement if: the employee is promoted within the Agency and genuine consideration has previously been temporarily assigned duties at the same classification; and the period of temporary assignment immediately precedes the date of effect of the promotion. Salary on Assignment within or Movement to matters raised about the major change Agency at the Same Classification Where an employee is assigned new duties within, or moves to, the Agency at the employee's existing classification, salary will be payable at the point of the Agency salary range determined by the relevant employees and/or their workplace representatives. Consultation about Change to Regular Rosters or Ordinary Hours of Work This term applies if TBS proposes to introduce a change Chief Executive Officer, having regard to the regular roster relevant factors outlined in clause 27. Salary on Temporary Assignment to the Agency from Another Agency at a Higher Classification Where an employee from another agency (the “other agency”) is temporarily assigned duties in Safe Work Australia either at a higher classification or ordinary hours in a part of work a Broadband that has a higher equivalent APS classification than the duties performed by the employee in the other agency, salary will be payable at the minimum point of employees. TBS will notify the applicable Safe Work Australia salary range unless the Chief Executive Officer authorises payment of salary above the minimum point in that salary range, having regard to the relevant employees factors outlined in clause 27. Salary Maintenance on Movement to the Agency At the discretion of the proposed change. Relevant employees means Chief Executive Officer, an employee moving to Safe Work Australia from another agency (the employees who may be affected by “other agency”) whose salary at the change referred to in clause 11.1. If other agency (current salary) exceeds the current maximum of the relevant employees are entitled to be covered to a union who is a party to classification in this Agreement, TBS will notify that union of the proposed change. The relevant employees can appoint a representative for the purposes of the procedures in this clause. TBS must recognise the representative if: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative. As soon be maintained on their current salary until such time as practical after proposing to introduce the change, TBS will: Discuss their salary is commensurate with the relevant employees and their representatives Safe Work Australia salary. This salary maintenance will be done in the introduction same manner as described at clause 15. Salary on Reduction to Duties with a Lower Classification Where the classification of an employee is reduced, on either a temporary or ongoing basis, the change; and For Chief Executive Officer may reduce the purposes of the discussion provide employee's salary having regard to the relevant employees and their representatives: all relevant information about factors outlined in clause 27. Where the proposed changereduction in classification is a result of workforce adjustment outlined in Part K of this Agreement, including an employee’s reduced salary will take effect after the nature expiration of the change; and information about what TBS reasonably believes retention period determined in Part K. Where the reduction in classification is employee-initiated, no income maintenance period will be the effects of the change on the employees; and information about any other matters that TBS reasonably believes are likely to affect the employees; and invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities) However, TBS is not required to disclose confidential or commercially sensitive information to the employees. TBS will give prompt and genuine consideration to matters raised about the change apply unless approved by the relevant employees and/or their representatives. The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hoursChief Executive Officer.

Individual Flexibility Arrangement. TBS The Secretary and an employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the application effect of terms of this Agreement to meet if: the arrangement deals with one or more of the following matters: arrangements about when work is performed, overtime rates and/or penalty rates; allowances; remuneration; and/or leave; the arrangement meets the genuine needs of TBS the Secretary and employee in relation to one or more of the matters mentioned in paragraph (a); and the arrangement is genuinely agreed to by the Secretary and the employee. The terms of the Agreement which may be varied by the IFA are: arrangements about when and where work is performed; overtime rates; penalty rates; allowances; and leave loading. The decision to enter into an IFA must be genuinely agreed to by TBS and the employee. TBS Secretary must ensure that the terms of the IFAindividual flexibility arrangement: are about permitted matters under section 172 of the ActFair Work Act 2009; are not unlawful terms under section 194 of the ActFair Work Act 2009; and result in the employee being better off overall than the employee would be if no IFA arrangement was made. For an IFA to take effect, The Secretary must ensure that the IFA must beindividual flexibility arrangement: is in writing; include includes the name of TBS the Secretary and the employee; is signed by the Secretary and the employee and, if the employee is under 18 years of age, be signed by a parent or guardian of the employee; is signed by the Director, HR and the line Director; and includes details of: the terms of the Agreement enterprise agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and states the day on which the arrangement commences, and where relevant, the day on which the arrangement xxxxxx. TBS The Secretary must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreed to. TBS The Secretary or the employee may terminate the IFAindividual flexibility arrangement: by giving no more than 28 days written notice to the other party to the arrangement in which case the arrangement will cease to operate at the end of the notice periodarrangement; or if TBS the employer and the employee agree in writing, at any time. The right to make an department will report on the use of individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between TBS and an individual employee contained in any other term of this Agreement. Part 3 - Consultation and Dispute Resolution Consultation about Major Workplace Change This clause applies if TBS has made a definite decision to introduce a major change in production, programme, organisation, structure or technology in relation to its enterprise that is likely to have significant effects on employees covered by this Agreement. TBS acknowledges the role of the roundtable discussion group in consultation mechanisms. The roundtable discussion group includes representatives from TBS and the unions who are parties arrangements to the AgreementNational Consultative Committee quarterly. TBS must notify This report will include information on: the relevant employees number of arrangements per classification; the decision to introduce the major change. Relevant employees means the employees who may be affected by the change referred to in clause 10.1. If the relevant employees are entitled to be covered to a union who is a party to this Agreement, TBS will notify that union of the decision to introduce major change. The relevant employees may appoint a representative reason(s) or purpose(s) for the purposes of the procedures in this clause. TBS must recognise the representative if: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultationarrangements; and the employee or employees advise conditions of this Agreement that are varied in the employer of the identity of the representative. As soon as practical after making its decision, TBS will: discuss with the relevant employees and their representatives: the introduction of the change; and: the effect the change is likely to have on employees; and measures TBS is taking to avert or mitigate the adverse effects of the change on employees; and For the purpose of the discussion TBS will provide in writing to the relevant employees and their representatives: all relevant information about the change including the nature of the change proposed, and information about the expected effects of the change on employees, and any other matters likely to affect the employees. However, TBS is not required to disclose confidential or commercially sensitive information to the relevant employees. TBS will give prompt and genuine consideration to matters raised about the major change by the relevant employees and/or their workplace representatives. Consultation about Change to Regular Rosters or Ordinary Hours of Work This term applies if TBS proposes to introduce a change to the regular roster or ordinary hours of work of employees. TBS will notify the relevant employees of the proposed change. Relevant employees means the employees who may be affected by the change referred to in clause 11.1. If the relevant employees are entitled to be covered to a union who is a party to this Agreement, TBS will notify that union of the proposed changearrangements. The relevant employees can appoint a representative for the purposes of the procedures in this clause. TBS must recognise the representative if: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative. As soon as practical after proposing to introduce the change, TBS will: Discuss with the relevant employees and their representatives the introduction of the change; and For the purposes of the discussion provide to the relevant employees and their representatives: all relevant information about the proposed change, including the nature of the change; and information about what TBS reasonably believes reported under subclause A6.6 will be the effects of the change on the employees; and information about any other matters presented in a way that TBS reasonably believes are likely to affect the employees; and invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities) However, TBS is not required to disclose confidential or commercially sensitive information to the employees. TBS will give prompt and genuine consideration to matters raised about the change by the relevant employees and/or their representatives. The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hoursidentify individual employees.

Individual Flexibility Arrangement. TBS The Secretary and an employee covered by this Agreement may agree to make an individual flexibility arrangement (IFA) to vary the application effect of terms of this Agreement to meet if: the arrangement deals with one or more of the following matters: arrangements about when work is performed, overtime rates and/or penalty rates; allowances; remuneration; and/or leave; the arrangement meets the genuine needs of TBS the Secretary and employee in relation to one or more of the matters mentioned in paragraph (a); and the arrangement is genuinely agreed to by the Secretary and the employee. The terms of the Agreement which may be varied by the IFA are: arrangements about when and where work is performed; overtime rates; penalty rates; allowances; and leave loading. The decision to enter into an IFA must be genuinely agreed to by TBS and the employee. TBS Secretary must ensure that the terms of the IFAindividual flexibility arrangement: are about permitted matters under section 172 of the ActFair Work Act 2009; are not unlawful terms under section 194 of the ActFair Work Act 2009; and result in the employee being better off overall than the employee would be if no IFA arrangement was made. For an IFA to take effect, The Secretary must ensure that the IFA must beindividual flexibility arrangement: is in writing; include includes the name of TBS the Secretary and the employee; is signed by the Secretary and the employee and, if the employee is under 18 years of age, be signed by a parent or guardian of the employee; is signed by the Director, HR and the line Director; and includes details of: the terms of the Agreement enterprise agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and how the employee will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; and states the day on which the arrangement commences, and where relevant, the day on which the arrangement xxxxxx. TBS The Secretary must give the employee a copy of the IFA individual flexibility arrangement within 14 days after it is agreed to. TBS The Secretary or the employee may terminate the IFAindividual flexibility arrangement: by giving no more than 28 days written notice to the other party to the arrangement in which case the arrangement will cease to operate at the end of the notice periodarrangement; or if TBS the employer and the employee agree in writing, at any time. The right to make an department will report on the use of individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between TBS and an individual employee contained in any other term of this Agreement. Part 3 - Consultation and Dispute Resolution Consultation about Major Workplace Change This clause applies if TBS has made a definite decision to introduce a major change in production, programme, organisation, structure or technology in relation to its enterprise that is likely to have significant effects on employees covered by this Agreement. TBS acknowledges the role of the roundtable discussion group in consultation mechanisms. The roundtable discussion group includes representatives from TBS and the unions who are parties arrangements to the AgreementNational Consultative Committee quarterly. TBS must notify This report will include information on: the relevant employees number of arrangements per classification; the decision to introduce the major change. Relevant employees means the employees who may be affected by the change referred to in clause 10.1. If the relevant employees are entitled to be covered to a union who is a party to this Agreement, TBS will notify that union of the decision to introduce major change. The relevant employees may appoint a representative reason(s) or purpose(s) for the purposes of the procedures in this clause. TBS must recognise the representative if: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultationarrangements; and the employee or employees advise conditions of this Agreement that are varied in the employer of the identity of the representative. As soon as practical after making its decision, TBS will: discuss with the relevant employees and their representatives: the introduction of the change; and: the effect the change is likely to have on employees; and measures TBS is taking to avert or mitigate the adverse effects of the change on employees; and For the purpose of the discussion TBS will provide in writing to the relevant employees and their representatives: all relevant information about the change including the nature of the change proposed, and information about the expected effects of the change on employees, and any other matters likely to affect the employees. However, TBS is not required to disclose confidential or commercially sensitive information to the relevant employees. TBS will give prompt and genuine consideration to matters raised about the major change by the relevant employees and/or their workplace representatives. Consultation about Change to Regular Rosters or Ordinary Hours of Work This term applies if TBS proposes to introduce a change to the regular roster or ordinary hours of work of employees. TBS will notify the relevant employees of the proposed change. Relevant employees means the employees who may be affected by the change referred to in clause 11.1. If the relevant employees are entitled to be covered to a union who is a party to this Agreement, TBS will notify that union of the proposed changearrangements. The relevant employees can appoint a representative for the purposes of the procedures in this clause. TBS must recognise the representative if: a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative. As soon as practical after proposing to introduce the change, TBS will: Discuss with the relevant employees and their representatives the introduction of the change; and For the purposes of the discussion provide to the relevant employees and their representatives: all relevant information about the proposed change, including the nature of the change; and information about what TBS reasonably believes reported under subclause A.6.6 will be the effects of the change on the employees; and information about any other matters presented in a way that TBS reasonably believes are likely to affect the employees; and invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities) However, TBS is not required to disclose confidential or commercially sensitive information to the employees. TBS will give prompt and genuine consideration to matters raised about the change by the relevant employees and/or their representatives. The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hoursidentify individual employees.