INDIVIDUAL FLEXIBILITY AGREEMENTS Sample Clauses
INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal.
29.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) Relates only to:
(i) Salary sacrifice agreements
(ii) Increase in annual leave accrual each year
(iii) Increase in rate of accrual of Rostered days off
(iv) Increase in wages
(v) Increase in training leave (Union or otherwise)
(c) are not unlawful terms under section 194 of the FW Act; and
(d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made.
29.3 The Employer must also ensure that any such variation agreement is:
(a) Agreed to by the Union
(b) in writing (including details of the terms that will be varied, how the variation agreement will vary the effect of the Enterprise Agreement terms, 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 the day on which the arrangement commences)
(c) includes the name of the Employer and Employee
(d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee (e) provided to the Employee within 14 days after it is agreed to: and
INDIVIDUAL FLEXIBILITY AGREEMENTS.
4.1.1 An Employer and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) the agreement deals with 1 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(1) or more of the matters mentioned in paragraph a); and
(c) the arrangement is genuinely agreed to by the Employer and Employee.
4.1.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about 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.
4.1.3 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 Employee 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 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 will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
4.1.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
4.1.5 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; or
(b) if the Employer and Employee agree in writing at any time.
4.1.6 Eligible Employees may apply for Flexible Work Arrangements as per the Act.
INDIVIDUAL FLEXIBILITY AGREEMENTS. 29.1 Where the Employer wants to enter into a variation agreement it must provide a written proposal to the Employee and the Union. Where the Employee’s understanding of written English is limited, the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal.
29.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer, the Union and the Employee and that the terms of the variation agreement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) Relates only to:
(i) Salary sacrifice agreements
(ii) Increase in annual leave accrual each year
(iii) Increase in rate of accrual of Rostered days off
(iv) Increase in wages
(v) Increase in training leave (Union or otherwise)
(c) are not unlawful terms under section 194 of the FW Act; and
(d) result in the Employee being better off overall than the Employee would be if no arrangement (variation agreement) was made.
INDIVIDUAL FLEXIBILITY AGREEMENTS. CatholicCare Canberra & ▇▇▇▇▇▇▇▇ and an employee covered by this agreement may agree to make individual flexibility arrangements to vary the effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) over time 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 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and employee. CatholicCare Canberra & Goulburn must ensure that the terms of the individual flexibility arrangement:
(a) are about 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. CatholicCare Canberra & Goulburn 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 employee and if the employee is under 18 years if 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
(e) states the day on which the arrangement commences. CatholicCare Canberra & ▇▇▇▇▇▇▇▇ must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. CatholicCare Canberra & Goulburn or employee may terminate the individual flexibility arrangements:
(a) By giving no more than 28 days written notice to the other party to the arrangement; or
(b) If the employer and employee agree in writing – at any time.
INDIVIDUAL FLEXIBILITY AGREEMENTS. 14.1 The Employer and an individual employee may agree to an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual needs of the Employer and the individual employee. The terms of this Agreement which the Employer and the individual employee may arrange to vary the effect of are listed below: • Emergency Relief Activities Leave
14.2 The Employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The Employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement. Union members are entitled to be represented by their union at every stage of this process. Employees who are not union member may choose to be represented by another person. If an employee has nominated the Union, or another person, as their representative, the Union or other person must be given a reasonable opportunity to participate in negotiations or discussions regarding the proposed making, variation or termination of an Individual flexibility arrangement. Participation by the Union or any other representative does not mean that their consent is required prior to reaching agreement in relation to an individual flexibility arrangement.
14.3 The arrangement between the Employer and the individual employee must:
(a) only be about one or more of the terms listed in clause 14.1; and
(b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to; and
(c) be about matters that would be permitted matters if the arrangement were included in this Agreement; and
(d) not include a term that would be an unlawful term if the arrangement were included in this Agreement; and
(e) be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and if the employee is under 18 years of age, the employee's parent or guardian; and
(f) set out each term of this Agreement that the Employer and the individual employee have agreed to vary; and
(g) set out how the application of each term has been varied by the arrangement; and
(h) set out how the arrangement results in the individual employee being better off overall in relation to the individual employee's terms and conditions of employment; and
(i) state the date the arrangement commences to operate.
14.4 The Employer is responsible for ensuring that all of the requ...
INDIVIDUAL FLEXIBILITY AGREEMENTS.
41.1 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 (1) or more of the following matters:
(b) the arrangement meets the genuine needs of the Employer and Employee in relation to one (1) or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the Employer and Employee.
41.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about 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.
41.3 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 Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(e) states the day on which the arrangement commences.
41.4 The Employer must give the employee a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to.
41.5 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; or
(b) if the employer and employee agree in writing — at any time.
INDIVIDUAL FLEXIBILITY AGREEMENTS. 23.1. We may agree with you, on an individual basis, to make an individual flexibility agreement. We can do this to vary the effect of this Agreement so long as the arrangement is to meet our and your genuine needs and both the Company and you genuinely agree to it.
23.2. You may be represented, including by a union, in any discussions you have with us about an individual flexibility agreement.
23.3. An individual flexibility agreement can deal with any of the following:
a) arrangements about when work is performed;
b) overtime and penalty rates;
c) allowances; and/or
d) leave loading.
INDIVIDUAL FLEXIBILITY AGREEMENTS. 25.1. We may agree with you, on an individual basis, to make an individual flexibility agreement. We can do this to vary the effect of this Agreement so long as the arrangement is to meet our and your genuine needs and both the Company and you genuinely agree to it.
25.2. You may be represented, including by a union, in any discussions you have with us about an individual flexibility agreement.
25.3. An individual flexibility agreement can deal with any of the following:
a) arrangements about when work is performed;
b) overtime and penalty rates;
c) allowances; and/or
d) leave loading.
25.4. It must:
a) be in writing;
b) include both the Company and your details;
c) be signed by you and the Company (or your parent/guardian if you are under 18);
d) set out the terms of this Agreement whose effect will be varied by the individual flexibility agreement and how they will be varied;
e) set out how you will be better off overall as a result of the flexibility agreement; and
f) state when it starts to operate.
25.5. We must ensure that:
a) the terms of the individual flexibility agreement:
i) result in you being better off overall than you would be if no agreement was made; and
ii) are about permitted matters and are not unlawful terms as required by the Fair Work Act.
b) we give you a copy of the agreement within 14 days of it being agreed.
25.6. The Company or you can end the individual flexibility agreement by agreement at any time or by giving the other person 28 days’ written notice.
25.7. Any individual flexibility agreement in place immediately before this Agreement started to operate will continue as if it were made under this Agreement. SECTION 6: CONSULTATION, DISPUTE RESOLUTION AND UNION MATTERS
INDIVIDUAL FLEXIBILITY AGREEMENTS. 9.1. Notwithstanding any other provision of this Agreement the Company and an individual employee may agree to vary certain terms of this Agreement to meet the genuine individual needs of the Company and the individual employee.
9.2. The Individual Flexibility Agreement (IFA) must: be about matters that would be permitted matters if the arrangement was an enterprise agreement; and not include a term that would be an unlawful term if the agreement was an enterprise agreement.
9.3. Any IFA must result in the employee being better off overall than if the IFA had not been agreed.
9.4. The Company must ensure that the IFA is in writing and signed: by the employee and the Company; and if the employee is under 18 years of age, by a parent or guardian of the employee.
9.5. The Company will ensure that a copy of the IFA is given to the employee within 14 days of the arrangement being agreed.
9.6. Any IFA may be terminated: on 28 days’ written notice given by the Company or the employee; or by the employee and the Company, at any time, if they agree in writing to the termination.
9.7. An IFA can be reached between the Company and an individual employee in relation to any clause of this Agreement except for: clauses in Part 1; and clauses 45 and 50,51 and 52.2-52.11; this clause.
INDIVIDUAL FLEXIBILITY AGREEMENTS. Where the company wants to enter into a variation agreement it must provide a written proposal to the employee. Where the employee’s understanding of written English is limited, the company must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.