c) result in the employee being better off overall than the employee would be if no arrangement was made. 2.21 The Secretary must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of the Department and the employee; and c) is signed by the Secretary 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 the 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 and, where applicable, when the arrangement ceases. 2.22 The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 2.23 The Secretary 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; or b) if the Secretary and the employee in writing at any time. — 2.24 Consultation In addition to the consultation provisions at clause 2.26, in making decisions that affect employees the Department will engage in consultation with employees and their representatives. 2.25 In clause 2.24, consultation means providing affected employees and their representatives, with access to relevant information and a genuine opportunity to influence the decision maker and contribute to the decision making process before a decision is made. Clause 2.26 applies where a decision is made to introduce major changes in a work area that are likely to have significant effects on employees, other than where provision is already made elsewhere in this enterprise agreement regarding a specific major change. 2.26 Where a definite decision is made to introduce major changes in program, organisation, structure or technology that are likely to have significant effects on employees, the Secretary must notify the employees who are likely to be affected by the proposed changes and their representatives, if any.
c) result in the employee being better off overall than the employee would be if no arrangement was made. 2.21 The Secretary must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of the Department and the employee; and c) is signed by the Secretary 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 the 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 and, where applicable, when the arrangement ceases. 2.22 The Secretary must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 2.23 The Secretary 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; or b) if the Secretary and the employee in writing — at any time. 2.24 Consultation In addition to the consultation provisions at clause 2.26, in making decisions that affect employees the Department will engage in consultation with employees and their representatives. 2.25 In clause 2.24, consultation means providing affected employees and their representatives, with access to relevant information and a genuine opportunity to influence the decision maker and contribute to the decision making process before a decision is made. Clause 2.26 applies where a decision is made to introduce major changes in a work area that are likely to have significant effects on employees, other than where provision is already made elsewhere in this enterprise agreement regarding a specific major change. 2.26 Where a definite decision is made to introduce major changes in program, organisation, structure or technology that are likely to have significant effects on employees, the Secretary must notify the employees who are likely to be affected by the proposed changes and their representatives, if any.
DBCDE-Enterprise-Agreement-2011-2014.docx