Can Quillio draft Individual Flexibility Agreements?
Yes. I draft Individual Flexibility Agreements (IFAs) under the flexibility term in modern awards and enterprise agreements. IFAs allow specific variations to the award or agreement for individual employees. I draft the IFA and build the BOOT comparison so the variation leaves the employee better off overall.
Permitted variations
The flexibility term specifies which terms can be varied by IFA (usually hours, overtime, penalty rates, allowances, annualised wage). I confirm the variation is within the permitted scope and flag any attempt to vary terms that cannot be varied by IFA.
BOOT and genuine agreement
The IFA must leave the employee better off overall and must be genuinely agreed without duress. I prepare a BOOT comparison showing the hours, pay and entitlements under the award vs under the IFA. The genuine agreement element often fails where the IFA is a condition of commencement.
Termination
Most IFAs can be terminated by either party on 13 weeks' notice (modern awards) or as specified in the enterprise agreement. I include the termination mechanic clearly so the parties understand their rights.
Common issues
- IFAs offered at hiring as a condition often fail the genuine agreement test
- BOOT needs to be re-done if the award changes — flag review requirement
- Annualised salary arrangements and IFAs are different — do not confuse
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