This document is an individual flexibility arrangement (also known as an individual flexibility agreement). It may be used to alter certain provisions of an enterprise agreement in relation to an individual employee.
While there are no longer statutory individual contracts under the Fair Work Act 2009 (Cth) (Act), an employee and employer can enter into an individual flexibility arrangement (IFA) which varies the terms and conditions of an enterprise agreement in order to meet the genuine needs of the employee and employer.
Every enterprise agreement must contain a flexibility term that provides for individual flexibility arrangements.
Please see section 144 of the Act prior to completing this precedent. It is important that the letter is completed in accordance with the requirements of the Act, and the relevant industrial award.
The agreement will be subject to the usual “better off overall” test.
This document has been co-authored for Lexis Nexis and is authorised by Finlaysons law firm, Adelaide.
This document is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.