Section I – individual flexibility arrangements

110. Individual Flexibility Arrangements

110.1: The ATO and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:

1. the agreement deals with one or more of the following matters
1. arrangements about when work is performed
2. overtime rates
3. penalty rates
4. allowances
5. remuneration
6. leave and leave loading, and
2. the arrangement meets the genuine needs of the ATO and the employee in relation to one or more of the matters mentioned in subclause 110.1 (a), and
3. the arrangement is genuinely agreed to by the delegate and the employee.

110.2: The ATO must ensure the terms of the individual flexibility arrangement:

1. are about permitted matters under section 172 of the FW Act
2. are not unlawful terms under section 194 of the FW Act, and
3. result in the employee being better off overall than the employee would be if no arrangement was made.

110.3: The ATO must ensure that the individual flexibility arrangement:

1. is in writing, and
2. includes the name of the ATO and employee, and
3. is signed by the delegate and the employee, and if the employee is under 18 years of age, signed by a parent or guardian of the employee, and
4. includes details of
1. the terms of the enterprise agreement that will be varied by the arrangement
2. how the arrangement will vary the effect of the terms
3. how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement, and
4. states the day on which the arrangement commences.

110.4: The ATO must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

110.5: The ATO or the employee may terminate the individual flexibility arrangement:

1. by giving no more than 28 days written notice to the other party to the arrangement, or
2. if the delegate and the employee agree in writing - at any time.

110.6: The ATO and employee are to review the individual flexibility arrangement at least every 12 months.