Award Flexibility Agreement
The FWC`s proposed market flexibility timetable, published along with a statement by Fair Work Commission Chairman Ross, attempts to clarify flexible working arrangements to help employers and workers adapt to the „new normal”, which is likely to involve considerable remote work in some sectors. This means that modern bonus rights for any of these five award issues can be changed by an agreement between an employer and a single employee, provided that at the time of the IFA, the worker is „better off” after the IFA. The IFA can only take place after the employee concerned has started working and is entitled to the minimum award conditions imposed by the modern award. This means that an employer cannot ask a potential employee to accept an IFA as a condition of employment. FWC`s proposed flexibility plan would allow employers and workers to enter into a work-from-home agreement that balances the worker`s personal and business responsibilities with the employer`s business needs. It also contains provisions for: • workers who work the same hours in fewer days; • employees to allocate reduced shift hours if the employer is unable to employ all employees in a workplace or part of the workplace; • employees who take twice as many holidays at mid-pay; • employers who instruct workers to work in another place of work (including the worker`s home); • Employers who use the provisions of the calendar and agree to the FWC to settle all disputes. President Ross` statement noted that only about 20% of workers are affected by company agreements on work from home, that relatively few small enterprises are covered by company agreements, and that most modern decoration issues concerning homework and other flexible regulations do not explicitly provide for or address, and commented: „The absence of explicit provisions to facilitate the work of hau it is possible to impose practical restrictions on these agreements”. An IFA can be used to vary certain conditions of a modern procurement or company agreement, as it applies to the specific employee covered by the IFA. For example, a company agreement may provide for normal working hours between 9 a.m. and 5 p.m. If an IFA between an employer and a single employee provides for normal working hours between 7 a.m. and 3 p.m., the company agreement applies to that worker as if the company agreement provided for normal working hours between 7 a.m.
and 3 p.m. The immutable company agreement remains valid for other employees who are not affected by the IFA, so they have normal working hours between 9 a.m. and 5 p.m. The power to make an IFA derives from the flexibility clause in modern attribution. The Fair Work Act requires that each Modern Award and Enterprise Agreement contain a „trial flexibility” clause. In theory, this clause allows an employer and an employee to agree on an IFA that varies the effect of the Modern Award or the Company Agreement, allowing it to meet „the real needs of the employer and that individual worker” in an individual context. An AFA may be terminated: (a) either by the employer or by the employee, by notifying the other party in writing of a period of thirteen (13) weeks; or (b) at any time, by mutual written agreement between the employer and the worker. FWC Proposed Award Flexibility Schedule: COVID-19 impact on flexibility terms within modern awards will only allow IfAs to vary: Dave is a full-time industrial chemist at Rosie Industries Pty Ltd.
Dave employment is covered by the Rosie Industries Pty Ltd Enterprise Agreement, which includes a flexibility period that allows IFAs to talk about the hours worked by an employee during the agreement`s working time. . . .