Chapter 14: Regulated weekend penalty rates for selected consumer services Page Section in Draft Report Fair Work Commission Reference response/comment pp. 530-1 The Draft Report discusses the inclusion A preferred hours clause may be included of preferred hours clauses in enterprise in an enterprise agreement where the agreements. instrument overall would satisfy the BOOT (not only where there are exceptional circumstances). Chapter 16: Individual flexibility arrangements Page Section in Draft Report Fair Work Commission Reference response/comment p. 600 The Draft Report states that the 2012 The data presented in the Draft Report General report into individual does not reflect the results for all IFAs Manager’s flexibility arrangements (IFAs) found made, it only reflects the results of those employees were more likely to initiate an employers who had made a single IFA per cent compared to 44 per (p.43, Table 4.3). IFA “(56 cent that were employer initiated).” Where employers had entered into IFAs with more than one employee employers), a greater proportion were at the initiation of the employer: 74 per cent of these employers reported that all IFAs they had made were employer initiated; 11 per cent reported that some IFAs were employer initiated; and 15 per cent reported no IFAs were employer initiated (i.e. 15 per cent reported all IFAs were employee initiated) (p. 48, Table 4.6). p. 600 The Draft Report also states that the The formalisation of an existing 2012 IFA report found: with arrangement was the most commonly “Employers multiple IFAs identify the main benefits reported benefit by multiple-IFA as clarity about conditions, the capacity employees 43 per cent (p.68, Table – for staff to work hours as needed by the 5.10). employer, and increased rostering flexibility 2012b). Employers with (O’Neill multiple IFAs also nominated formalisation of an existing arrangement as a benefit.” p. 601 The Draft Report states: conditions Of the five matters contained in the IFA “The most likely to be varied in an IFA are model flexibility term, arrangements for arrangements about when work is when work is performed was the most performed, increases in penalty rates commonly varied matter among and overtime rates employers that reported having one IFA (O’Neill 2012b).” (45 per cent) and overtime was the most common among employers that reported having more than one IFA (36 per cent) during the reference period. The incidence
Chapter 14: Regulated weekend penalty rates for selected consumer services Page Reference Section in Draft Report Fair Work Commission response/comment pp. 530-1 The Draft Report discusses the inclusion of preferred hours clauses in enterprise agreements. A preferred hours clause may be included in an enterprise agreement where the instrument overall would satisfy the BOOT (not only where there are exceptional circumstances). Chapter 16: Individual flexibility arrangements Page Reference Section in Draft Report Fair Work Commission response/comment p. 600 The Draft Report states that the 2012 General Manager’s report into individual flexibility arrangements (IFAs) found employees were more likely to initiate an IFA “(56 per cent compared to 44 per cent that were employer initiated).” The data presented in the Draft Report does not reflect the results for all IFAs made, it only reflects the results of those employers who had made a single IFA (p.43, Table 4.3). Where employers had entered into IFAs with more than one employee employers), a greater proportion were at the initiation of the employer: 74 per cent of these employers reported that all IFAs they had made were employer initiated; 11 per cent reported that some IFAs were employer initiated; and 15 per cent reported no IFAs were employer initiated (i.e. 15 per cent reported all IFAs were employee initiated) (p. 48, Table 4.6). p. 600 The Draft Report also states that the 2012 IFA report found: “Employers with multiple IFAs identify the main benefits as clarity about conditions, the capacity for staff to work hours as needed by the employer, and increased rostering flexibility (O’Neill 2012b). Employers with multiple IFAs also nominated formalisation of an existing arrangement as a benefit.” The formalisation of an existing arrangement was the most commonly reported benefit by multiple-IFA employees – 43 per cent (p.68, Table 5.10). p. 601 The Draft Report states: “The conditions most likely to be varied in an IFA are arrangements about when work is performed, increases in penalty rates and overtime rates (O’Neill 2012b).” Of the five matters contained in the IFA model flexibility term, arrangements for when work is performed was the most commonly varied matter among employers that reported having one IFA (45 per cent) and overtime was the most common among employers that reported having more than one IFA (36 per cent) during the reference period. The incidence
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