Most agreements adopt model flexibility clause: Gillard

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Most agreements adopt model flexibility clause: Gillard

Three-quarters of the enterprise agreements negotiated under the new FWA regime have adopted the model individual flexibility clause, IR Minister Julia Gillard said.

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Three-quarters of the enterprise agreements negotiated under the new FWA regime have adopted the model individual flexibility clause, IR Minister Julia Gillard said.
 
Gillard said that of the first 81 enterprise agreements lodged, 75% contain the model clause, which allows employers and employees to vary arrangements with regard to when work is performed, overtime rates, penalty rates, allowances, and leave loading.
 
20% differ from model
 
A further 5% utilise the model clause but omit leave loading as one of the terms that can be varied, and 20% of agreements lodged since 1 July use a clause that is different from the model clause.
 
Gillard said that at CSR Ltd Fibre Cement and Brunel Technical Services Pty Ltd an Individual Flexibility Arrangement (IFA) can vary any term of the agreement.
 
Others allow individual flexibility clauses to vary only named clauses, such as rostered days off.
 
Better off overall
 
‘Fair Work, in complete contrast to WorkChoices, allows for IFAs which ensure that employees are always better off overall against the underlying award or enterprise agreement,’ she said.
 
‘IFAs are not individual statutory agreements. IFAs must be genuinely agreed, be in writing and signed, and can be terminated with 28 days notice at any time by either party if it no longer suits them.'
 
‘The Fair Work Act provides a model clause for enterprise agreements but it is expected that employers and employees will agree on arrangements, including family friendly arrangements, which best suit them and their workplace.’
 
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