Award Changes
Children's Services Award - Clause 7 - Flexibility Arrangements From 1 November 2018. As was previously the case, an employer and employee can agree to make changes to the following terms of the award ONLY through an individual Flexibility arrangement.
An agreement can only be made if it is a genuine agreement made by the employer and the individual employee without coercion or duress. An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made. In real terms this means that although we can manipulate how the benefits of the award are applied, over a settlement period, the employee cannot be worse off than if they had stayed on the award and the normal award provisions applied. Commonly these agreements are used to extend the hours of work an employee can attend without the payment of overtime but maintaining that the maxim number of hours each week or fortnight are observed. For example, say 10 hr days on 3 days a week and an 8 hr day on the 4th day equating to 38 hrs per week. The form of the agreement must do all of the following:
Agreements must be in writing; and signed by the employer and the employee. An agreement may be terminated at any time, by written agreement between the employer and the employee or, by the employer or employee giving 13 weeks’ written notice to the other party. For further information on Flexibility agreements call DJMIR on (02) 61 500 800 |
Article published: 10/12/2018 | Last modified: 10/12/2018 |