Common use of Model Flexibility Term Clause in Contracts

Model Flexibility Term. 10.1 An Employer and Employee covered by this Agreement may agree to make an Individual Flexibility Arrangement to vary the effect of terms of the Agreement if: (a) the Agreement deals with one 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 one or more of the matters mentioned in clause 10.1(a); and (c) The arrangement is genuinely agreed to by the Employer and Employee. 10.2 The Employer must ensure that the terms of the Individual Flexibility Arrangement: (a) are 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. 10.3 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 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 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 (iv) the day on which the arrangement commences. 10.4 The Employer must give the Employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to. 10.5 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; and (b) if the Employer and Employee agree in writing at any time. 11. Types of employment (ongoing, fixed-term, casual relieving, emergency teachers and casual)

Model Flexibility Term. 10.1 26.1. An Employer and Employee covered by this Agreement may agree to make an Individual Flexibility Arrangement individual flexibility agreement to vary the effect of terms of the Agreement if: (a) the Agreement The agreement deals with one 1 or more of the following matters: (i) arrangements Arrangements about when work is performed; (ii) overtime Overtime rates; (iii) penalty Penalty rates; (iv) allowances; (v) leave loading; and (b) The the arrangement meets the genuine needs of the Employer Company and Employee in relation to one 1 or more of the matters mentioned in clause 10.1(aparagraph (a); and (c) The arrangement is genuinely agreed to by the Employer Company and Employee. 10.2 26.2. The Employer Company must ensure that the terms of the Individual Flexibility Arrangementindividual flexibility arrangement: (a) are Are about permitted matters under section 172 of the ActFair Work Act 2009; and (b) are Are not unlawful terms under section sections 194 of the ActFair Work Act 2009; and (c) result Result in the Employee being better off overall than the Employee would be if no arrangement was made. 10.3 26.3. The Employer Company must ensure that the Individual Flexibility Arrangementindividual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer Company and Employeethe employee; and (c) is signed by the Employer employer and employee and if the Employee employee is under 18 years Years of age, signed by a parent or guardian of the Employeeemployee; and (d) includes details of: (i) the terms of the Agreement 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 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 (ive) states the day on which the arrangement commences. 10.4 26.4. The Employer company must give the Employee employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to. 10.5 26.5. The Employer company or Employee employee may terminate the Individual Flexibility Arrangementindividual flexibility arrangement: (a) by giving no more than 28 days’ days written notice to the other party to the arrangement; andor (b) if the Employer and Employee agree employee agrees, in writing – at any time. 11. Types of employment (ongoing, fixed-term, casual relieving, emergency teachers and casual)