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.

Appears in 2 contracts

Samples: Benevolent Society Enterprise, staging.psa.asn.au

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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.

Appears in 1 contract

Samples: Human Services Agreement

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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.

Appears in 1 contract

Samples: Human Services Agreement

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