The majority of Awards require either party to provide 13 weeks notice to terminate an individual flexibility arrangement. Is there a similar provision for non-award employees, or is this subject to negotiation between the parties?
An Individual Flexibility Arrangement(IFA) is a written agreement which can be created by an employer and an employee to vary the application of particular clauses in an award or registered agreement.
All modern awards include an IFA clause. Registered agreements are also required to include IFA provisions, however if they do not, the model clause in the Fair Work Regulations 2009 will apply.
For award/agreement free employees, there is no need to have a mechanism to vary the terms of an award or agreement because neither applies to the employee. As such, there are no IFA provisions which are applicable to award/agreement free employees and therefore no such written individual flexibility arrangement can be created.
For award/agreement free employees, it is important to have a detailed contract of employment.
