Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:2:p9
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 2 (pt 9/12)
Character Range: 255278–258735

consequence of the operation of one or more terms (beneficial terms) of a proposed enterprise agreement must be disclosed to employees before they vote on the agreement. The nature and (as far as reasonably practicable) the amount of each such benefit, and the name of each person who will or can reasonably be expected to receive, or provide, each such benefit must be disclosed in the following table, using a separate section for each beneficial term.

Examples of benefits that must be disclosed include director's fees, management fees, brokerage fees, commissions, dividends and trust and share distributions. See sections 179 and 179A of the Fair Work Act 2009.

Beneficial term: [insert, e.g. clause number]
Nature of financial benefit                                                               Amount of financial benefit                                                                                                                                                                                                                                                          Name of beneficiary         Name of provider
[Describe nature of section 179 disclosable benefit or section 179A disclosable benefit]  [Describe (as far as reasonably practicable) amount of benefit. This could be the total amount or, for a recurring benefit, the amount and frequency. If not reasonably practicable to describe amount of benefit, set out the basis on which the amount is or will be determined.]  [Name of each beneficiary]  [Name of each person who will or can reasonably be expected to provide the benefit (if known). This does not need to be a party to the proposed enterprise agreement.]

Beneficial term: [insert, e.g. clause number]
Nature of financial benefit                                                               Amount of financial benefit                                                                                                                                                                                                                                                          Name of beneficiary         Name of provider

Name of authorised person: [Full name of person authorised to give document on behalf of organisation or prepare document on behalf of employer]

Signature of authorised person:

Date: [Date on which document is signed by authorised person]

Schedule 2.2—Model flexibility term
(regulation 2.08)

Model flexibility term
 (1) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
 (a) the agreement deals with 1 or more of the following matters:
 (i) arrangements about when work is performed;
 (ii) overtime rates;
 (iii) penalty rates;
 (iv) allowances;
 (v) leave loading; and
 (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
 (c) the arrangement is genuinely agreed to by the employer and employee.
 (2) The employer must ensure that the terms of the individual flexibility arrangement:
 (a) are about permitted matters under section 172 of the Fair Work Act 2009; and
 (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
 (c) result in the employee being better off overall than the employee would be if no arrangement was made.
 (3) The employer must ensure