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Australia’s Awards system is defined by its complexity

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The Fair Work Act 2009 (FW Act) allows for an individual flexibility agreement to be made between an award or agreement covered employee and their employer. The flexibility is generally limited to one or more of the following matters; arrangements for when work is performed, overtime rates, penalty rates, allowances and leave loading. There must be genuine agreement and a genuine need to vary the above matters.

This sample individual flexibility agreement is to be used by employers when implementing this type of agreement under an award, or an enterprise agreement that contains the model flexibility term. Please see schedule 2.2 of the Fair Work Regulations 2009 to view the model flexibility term. As an enterprise agreement may contain terms outside of the model flexibility term, employers are encouraged to consider their enterprise agreement and call the Workplace Advice Line on 1300 55 66 77 for further assistance.


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Date Update
07/10/2019 This agreement has undergone a periodic review. No significant changes have been made.




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