54. INDIVIDUAL FLEXIBILITY ARRANGEMENTS
54.1. Notwithstanding any other provision in this Agreement, SBS and an individual Employee may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement if:
(a) the agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) remuneration;
(iii) overtime rates;
(iv) penalty rates;
(v) allowances; and
(vi) leave loading;
(b) the arrangement meets the genuine needs of SBS and the Employee in relation to 1 or more of the matters mentioned in clause 54.1(a); and
(c) the arrangement is genuinely agreed to by SBS and the Employee.
54.2. SBS must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the FW Act;
(b) are not unlawful terms under section 194 of the FW Act; and
(c) result in the Employee being better off overall than the Employee would be if no arrangement was made.
54.3. SBS must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of SBS and the Employee; and
(c) is signed by SBS and the Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of this Agreement that will be varied by the arrangement; and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) states the day on which the arrangement commences.
54.4. SBS must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
54.5. SBS or the Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement; and
(b) if SBS and the Employee agree in writing – at any time.