Common use of Model Flexibility Term Clause in Contracts

Model Flexibility Term. ‌ (a) Drakes and a Team Member covered by this agreement 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:  arrangements about when work is performed;  overtime rates;  penalty rates;  allowances;  leave loading; and (ii) the arrangement meets the genuine needs of Drakes and the Team Member in relation to one or more of the matters mentioned in paragraph (a); and (iii) the arrangement is genuinely agreed to by Drakes and the Team Member. (b) Drakes must ensure that the terms of the individual flexibility arrangement: (i) are about permitted matters under section 172 of the Fair Work ▇▇▇ ▇▇▇▇; and (ii) are not unlawful terms under section 194 of the Fair Work ▇▇▇ ▇▇▇▇; and (iii) result in the Team Member being better off overall than the Team Member would be if no arrangement was made. (c) Drakes must ensure that the individual flexibility arrangement: (i) is in writing; and (ii) includes the Drakes business name and the Team Member's name; and (iii) is signed by Drakes and the Team Member and if the Team Member is under 18 years of age, signed by a parent or guardian of the Team Member; and (iv) 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 Team Member will be better off overall in relation to the terms and conditions of employment as a result of the arrangement; and  states the day on which the arrangement commences. (d) Drakes must give the Team Member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (e) Drakes or the Team Member may terminate the individual flexibility arrangement: (i) by giving no more than 28 days written notice to the other party to the arrangement; or (ii) if Drakes and the Team Member agree in writing — at any time. Part 3 - Wages and allowances‌