Individual Flexibility Agreement Model Clause

A flexibility clause must meet a number of requirements, including those to be met: Full Bench found that an individual flexibility agreement concluded pursuant to a flexibility clause in an enterprise agreement does not alter the terms of the agreement, but that the agreement alters the legal rights of the parties to it on the relevant points. In other words, an individual flexibility regime changes the effect of a duration of the enterprise agreement and not the term itself. An enterprise agreement must include a clause allowing an employee and his employer to enter into an Individual Flexibility Agreement (IFA) that varies the effect of the agreement in order to meet the real needs of the employer and the worker. [1] This is called flexibility. The Commission`s distinction between the modification of a concept and the variation in the effect of a term is not a valid distinction. The practical effect of an individual flexibility agreement, concluded as part of a period of flexibility, was to change the terms of an enterprise agreement with regard to the employer and the individual worker. An IFA may be interrupted at any time by a written agreement between the employer and the employee. Otherwise, the IFA may be terminated by an appropriate notification to the other party. An IFA made as part of a distinction can be closed with a 13-week delay. A registered agreement will say how much notification is required, but it may not be more than 28 days. The flexibility clause used in a registered agreement will indicate which clauses can be changed.

All bonuses, business agreements and other registered agreements must include an Individual Flexibility Agreement (IFA). If a registered agreement does not contain one, the standard clause of the Fair Work Regulations 2009 applies. The non-application of the exact language of the Fair Work Act does not mean that a concept of flexibility is not a concept of flexibility within the meaning of the Fair Work Act, as it is not appropriate to apply such high standards in the interpretation of enterprise agreements. An approach that takes into account the purpose of the provision is preferable and a liberal approach to the development of the concept of flexibility was appropriate, given the language of the concept of « model flexibility. » If the Fair Work Commission approves an enterprise agreement and the standard flexibility clause is considered the duration of the agreement, it must be recorded in the approval decision of the agreement. [5] (a) The agreement addresses one or more of the following issues: An employer must ensure that the worker is generally better than without the IFA in relation to his award or registration agreement at the time of the establishment of the IFA.