Flexibility Agreement Definition

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.” An AFA may be terminated:a) by the employer or employee, providing the other party with thirteen (13) weeks` written notice; or (b) at any time by written agreement between the employer and the worker. 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. 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 premium flexibility agreement (“AFA”) is a specific written agreement between an employer and an individual worker that allows for certain modifications at a modern price applicable to meet the real needs of the employer and the worker, while ensuring that the worker is “overall better placed” under the new agreement. 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. If a worker or employer violates an IFA term, it violates the duration of the contract – the IFA can be imposed as the duration of the enterprise contract.

[3] A flexible definition of work is simple to say that it is a working method with varying start and end times. It can also include remote work. Full Bench found that an individual flexibility agreement, concluded pursuant to a flexibility clause in an enterprise agreement, does not change 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.