A flexibility term allows an employer and an individual employee to agree on an arrangement which varies the effect of the modern award or enterprise agreement in order to meet the genuine needs of the employer and that individual employee. An individual flexibility agreement (IFA) is part of the Fair Work Act. Specifically, it is an agreement made between a single employer and an individual employee.
This agreement alters some of the terms of an award or agreement and must leave the single employee Better Off Overall if signed. When is an individual flexibility agreement? Although they may vary the current agreement, minimum entitlements and protections still need to apply.
An IFA is a written agreement used by an employer and employee to change the effect of certain clauses in their award or registered agreement. It is used to make alternative arrangements that suit the needs of the employer and employee. An IFA can’t be used to reduce or remove an employee’s entitlements.
See full list on fairwork. An IFA can change how certain clauses in an award or registered agreement apply to the employee covered by it. An IFA can be made at any time after the employee has started working for the employer. Both parties must genuinely agree to an IFA.
This means that they can’t be discriminated against or treated adversely for refusing to agree to one. An employee can’t be forced to sign an IFA to get a job. When they have agreed on what arrangements they wa. An IFA may be ended at any time by written agreement between an employer and employee. Otherwise, the IFA can be ended by giving the other party appropriate notice.
An IFA made under an award can be ended with weeks notice. A registered agreement will say how much notice is require but it can’t be more than days. An Individual Flexibility Agreement (IFA) is where an employer and an individual employee (or group of employees) mutually agree to vary their working conditions to allow flexible working arrangements to be introduce benefiting both the employer and employee.
It is important to note, entering into an IFA cannot be a condition of offering employment, this is usually negotiated and created following the commencement of employment. When agreeing to an IFA, you can only vary certain terms in any given awar as outlined below. If the term is not liste it must not be varied.
Arrangements for when work is performe including the span of working hours 2. Modern Awards require IFAs to: 1. As an employer, when entering the IFA, you have an obligation to ensure the employee is ‘better off overall’ compared with the previous position they were in. When determining the IFA, you need to ensure all consideration has been given to the employee’s personal circumstances, along with the monetary and non-monetary benefits they will receive after entering into the agreement. Please note, different notice periods apply for different awards or agreements so be sure to confirm your requirements. When considering and negotiation the terms of your IFA, it is your responsibility as the employer to ensure the agreement meets the requirements outlined by the Fair Work Act.
It is however, important to ensure a fair evaluation is conducted when considering all request. Employsure can assist any business when it comes to considering, negotiating or denying IFAs. By seeking professional advice and support you will have complete confidence you are doing the best by your bu. This is called an Individual Flexibility Agreement (IFA).
Individual Flexible Employment Contract Flexibility under the Fair Work System. What can be included in an IFA? An example of how an Individual Flexibility Agreement works is below:. Julia has a school aged child who needs to be. Flexibility clauses only appear in modern awards, and must also be contained in Enterprise Agreements (‘EA’s).
An Individual Flexibility Agreement is an employment contract between a single employer and employee that modifies the application of a modern award or enterprise agreement. The flexible terms that. Terms that can be varied in an award. A culture of workplace flexibility brings value and benefits to employers as well as employees. Consequently, the Fair Work Ombudsman supports the use of individual flexibility arrangements (IFAs) to vary modern awards or enterprise agreements in a fair and appropriate manner.
Flexible work can mean anything from part-time and casual hours, flexible starting and finishing times, flexible hours worked per week, rostered days off, and unpaid leave. Employers thinking that award requirements can be avoided by using an Individual Flexibility Agreement (IFA) may be disappointed. Unlike the old Australian Workplace Agreements (AWAs), IFAs are less secure and narrower in their application.
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. Instantly Find and Download Legal Forms Drafted by Attorneys for Your State.