Commonwealth Consolidated Regulations

FAIR WORK REGULATIONS 2009 - SCHEDULE 2.2

(regulation   2.08)

Model flexibility term

  (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 1 or more of the matters mentioned in paragraph   (a); and

  (c)   the arrangement is genuinely agreed to by the employer and employee.

  (2)   The employer must ensure that the terms of the individual flexibility arrangement:

  (a)   are about permitted matters under section   172 of the Fair Work Act 2009 ; and

  (b)   are not unlawful terms under section   194 of the Fair Work Act 2009 ; and

  (c)   result in the employee being better off overall than the employee would be if no arrangement was made.

  (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)   The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

  (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.