Flexibility Agreement Clause Samples
A Flexibility Agreement is a contractual provision that allows parties to modify certain terms or conditions of their agreement in response to changing circumstances or operational needs. Typically, this clause outlines the specific areas where flexibility is permitted, such as working hours, job duties, or locations, and may set out the process for making such changes, including notice requirements or consultation procedures. Its core practical function is to provide adaptability within the contract, helping both parties respond efficiently to unforeseen events or evolving business requirements while maintaining a clear framework for making adjustments.
Flexibility Agreement. To enter into a flexibility agreement you need to tell us in writing the details of the changes you are seeking and the reason for the change. When we receive your request we will meet with you to discuss your proposal, and give it consideration which may also include trial arrangements. We are committed to supporting flexible work arrangements and other than the most extraordinary circumstances, the only reasons we would be unable to meet your request would be: If we are unable to grant your request, we will meet with you to consider alternative arrangements and genuinely try to reach an agreement. We will provide you with the opportunity to consider and further discuss alternative arrangements that we may not have already considered. If we are unable to reach agreement we will then provide a comprehensive explanation in writing of the reasons why we cannot grant your request. This will include details of any changes in working arrangements that were agreed, or if no change is agreed, any alternative arrangements we can offer you. This will be signed off by your Director. Generally, flexibility agreements will be put in place for an agreed period of time and reviewed to ensure that they continue to effectively balance organisation objectives and the employee's work-life balance. Any individual agreement we make will be in writing and may be varied from time to time by agreement to suit yours or our needs.
Flexibility Agreement. To enter into a flexibility agreement you need to tell us in writing t he details of t he changes you are seeking and t he reason for t he change. When we receive your request we will meet with you to discuss your proposal, and give it consideration which may also include trial arrangements. We are committed to supporting flexible work arrangements and ot her than t he most ext raordinary circumstances, t he only reasons we would be unable to meet your request would be: If t he analysis or trial arrangements to meet t he request proves to be cost prohibitive; Where there is no capacity to change the existing arrangements of other employees who will be adversely affected by t he proposal; Where t he proposal creates unacceptable inefficiencies and lost productivity; and Where t here is an unsustainable adverse impact on customer service. If we are unable to grant your request, we will meet with you to consider alternat ive arrangements and genuinely try to reach an agreement. We will provide you with the opport unit y to consider and furt her discuss alternat ive arrangements that we may not have already considered. If we are unable to reach agreement we will t hen provide a comprehensive explanat ion in writing of t he reasons why we cannot grant your request. This will include details of any changes in working arrangements that were agreed, or if no change is agreed, any alternat ive arrangements we can offer you. This will be signed off by your Director. Generally, flexibilit y agreements will be put in place for an agreed period of time and reviewed to ensure that t hey continue to effectively balance organisation objectives and t he employee's work- life balance. Any individual agreement we make will be in writing and may be varied from t ime to t ime by agreement to suit yours or our needs.
Flexibility Agreement.
29.1 This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act 2009.
29.2 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if:
(a) the arrangement is about a variation to clause 28 of this Agreement so that the staff member’s mode of employment changes from part-time to full-time, or at the request of the staff member from full-time to part-time for a specified period;
(b) the arrangement meets the genuine needs of the University and the staff member in relation to the matter mentioned in paragraph (a);
(c) the arrangement is genuinely agreed to by the University and the staff member, without coercion or duress; and
(d) the arrangement does not disadvantage other staff members in the workplace in relation to their terms and conditions of employment.
29.3 The University must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009;
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the staff member being better off overall than the staff member would be if no arrangement was made; and
(d) are consistent with the University's responsibilities to provide a safe and healthy working environment.
29.4 The University must ensure that the individual flexibility arrangement:
(a) is in writing;
(b) includes the name of the University and the staff member;
(c) is signed by the University and the staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member;
(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 staff member will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement;
(e) states the day on which the arrangement commences; and
(f) does not require that any one else approve, other than the staff member and the University.
29.5 The University must give the staff member a fully signed copy of the individual flexibility arrangement no later than 14 days after it has been fully signed and further at any later time upon request and reasonable notice of the staff member.
29.6 The staff member may terminate the individual flexibility arrangement by g...
Flexibility Agreement. […***…]. […***…]:
1. Liability period. […***…].
Flexibility Agreement. Buyer will provide Seller with a forecast as specified in this Agreement. Buyer’s liabilities to Seller for Product units specified in the forecast are as follows:
Flexibility Agreement. 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.
Flexibility Agreement. It is agreed that the Company may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, consistent with the Castlemaine classification structure incorporated into this Agreement, provided that such duties are not designed to promote deskilling. The parties agree that the implementation of the Castlemaine classification structure incorporated into this Agreement provides a means to utilise labour more effectively, and thus enhance the productivity of the Plant. It is further agreed that the implementation of the new classification structure provides the means to enhance job security, improve job satisfaction and improve employee access to better paid jobs. It is agreed, within the terms of this Agreement, that there will be no demarcations other than those imposed by skills, competence and training. It is recognised that the Consultative Committee will play a key role in the achievement of the objectives set out above. The Consultative Committee will assess where greater flexibility in the utilisation of labour can assist in improving productivity and efficiency. The Committee will assess the skills of the employees concerned and will determine the accredited training necessary in order to allow the employees to carry out the designated tasks. Examples of the type of labour flexibility include:
(i) Engineering/Production employees working outside their designated area of Engineering/Production employee duties
(ii) Engineering Tradespersons undertaking duties normally carried out by Engineering/Production employees The provision of adult apprenticeships for Engineering/Production employees
Flexibility Agreement. 6.1 The Commission and an employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:
(i) the arrangement deals with one or more of the following matters: arrangements about when work is performed overtime rates penalty rates allowances remuneration and/or leave, and
(ii) the arrangement meets the genuine needs of the Commission and employee in relation to one or more of the matters mentioned in paragraph (i); and
(iii) the arrangement is genuinely agreed to by the Commission and the employee.
6.2 The Commission must ensure that the terms of the individual flexibility arrangement:
(i) are about permitted matters under s 172 of the Fair Work ▇▇▇ ▇▇▇▇
(ii) are not unlawful terms under s 194 of the Fair Work ▇▇▇ ▇▇▇▇, and
(iii) result in the employee being better off overall than the employee would be if no arrangement was made.
6.3 The Commission must ensure that the individual flexibility arrangement:
(i) is in writing (ii) includes the name of the employer and employee
Flexibility Agreement. 11.1 Notwithstanding any other provision of this Agreement, the Employer and an individual Employee may, after the Employee has commenced employment, agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the Employer and the Employee (Flexibility Agreement).
11.2 The terms the Employer and the Employee may agree to vary are limited to the following matters:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) annual leave loading.
11.3 The Flexibility Agreement must have been entered into by the Employer and the Employee without coercion or duress.
Flexibility Agreement. 8.1 Notwithstanding any other provision of this Agreement, the Employer and an individual Employee may, after the Employee has commenced employment, agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the Employer and the Employee (Flexibility Agreement).
8.2 The terms the Employer and the Employee may agree to vary are limited to the following matters:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) annual leave loading.
8.3 The Flexibility Agreement must have been entered into by the Employer and the Employee without coercion or duress.
8.4 The Flexibility Agreement must:
(a) result in the Employee being better off overall at the time of the Flexibility Agreement is made than the Employee would have been if no Flexibility Agreement had been agreed to
(b) be in writing, name each of the parties and be signed by the Employer and the individual Employee (or the Employee’s parent and/or guardian if the Employee is under 18 years of age).
(c) state each term of this Agreement that the Employer and the Employee have agreed to vary;
(d) explain how the Flexibility Agreement will vary the effect of the terms of the Agreement;
(e) detail how the Flexibility Agreement results in the Employee being better off overall at the time the Flexibility Agreement is made than if the Flexibility Agreement had not been made.
8.5 The Flexibility Agreement may be terminated:
(a) by the Employer or the Employee giving 28 days notice of termination; or
(b) at any time, by written agreement between the Employer and the Employee.