Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:2:p10
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 2 (pt 10/12)
Character Range: 258517–261220

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 that the individual flexibility arrangement:
 (a) is in writing; and
 (b) includes the name of the employer and employee; and
 (c) is signed by the employer and 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 the enterprise 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.
 (4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
 (5) The employer or employee may terminate the individual flexibility arrangement:
 (a) by giving no more than 28 days written notice to the other party to the arrangement; or
 (b) if the employer and employee agree in writing—at any time.

Schedule 2.3—Model consultation term
(regulation 2.09)

Model consultation term
 (1) This term applies if the employer:
 (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or
 (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.

Major change
 (2) For a major change referred to in paragraph (1)(a):
 (a) the employer must notify the relevant employees of the decision to introduce the major change; and
 (b) subclauses (3) to (9) apply.
 (3) The relevant employees may appoint a representative for the purposes of the procedures in this term.
 (4) If:
 (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
 (b) the employee or employees advise the employer of the identity of the representative;
the employer must recognise the representative.
 (5) As soon as practicable after making its decision, the employer must:
 (a) discuss with the relevant employees:
 (i) the introduction of the change; and
 (ii) the effect the change is likely to have on the employees; and
 (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
 (b) for the purposes of the discussion—provide, in writing, to the relevant employees:
 (i) all