Individual flexibility arrangements – Flexibility in the. 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. Model flexibility term – Schedule 2. 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. 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.
What is an individual flexibility arrangement? It varies the effect of an award or enterprise agreement on an individual basis to meet the genuine needs of the employer and the employee. All awards and enterprise agreements must include an IFA clause. IFAs attempt to meet the needs of individual employees and employers by allowing variations to modern awards or enterprise agreements while ensuring that minimum protections and entitlements are still met. With a modern awar there are five matters that can be altered by an IFA: 1. These flexible arrangements can only be made if overall the employee is ‘better off’ under the IFA.
These matters are determined when the enterprise agreem. You can approach one of your staff members to request an IFA at any time, and they also have the option to do so. In either case, it’s your responsibility as an employer to ensure that the staff member is ‘better off’ overall under the IFA. If you wish to introduce an IFA for an employee, you will need to present your request in writing. If an agreement is reache the detail of the IFA is put in.
If you’re considering establishing an IFA for one or more of your employees, head to the Fair Work Ombudsman website to read more about individual flexibility arrangements and the Best Practice Guide: Use of individual flexibility arrangements. The Fair Work Ombudsman also has a template for employers responding to a request for an flexible work arrangement, available on the Templates and Guides section of the website. Flexibility clauses only appear in modern awards, and must also be contained in Enterprise Agreements (‘EA’s).
Although they may vary the current agreement , minimum entitlements and protections still need to apply. The Commission will prepare a model flexibility clause to enable an employer and an individual employee to agree on arrangements to meet the genuine individual needs of the employer and the employee. The Commission must ensure that the flexibility clause cannot be used to disadvantage the individual employee. An IFA effectively overrides the default terms of the Modern Award that would otherwise apply to the employee’s employment terms.
Unfortunately, enterprise negotiations cannot avoid the issue as a failure to include a flexibility term will result in a legislative default model clause being incorporated into an agreement. The “model clause” should be avoided wherever possible because it is too risky and broad. An IFA also outlines the relationship between an employer and employee, but is not a substitute for an employment agreement.
It exists to cater to the individual needs and wants of either the employer or the employee. Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now!