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Agreeing on Individual Flexibility

A recent court decision has highlighted the importance of complying with the requirements of the law when introducing individual flexibility agreements.

A company tried to introduce individual flexibility agreements into its workplace but when some employees refused to sign, they were threatened with dismissal and lost shifts.

The court found the employer had breached the law when it applied illegitimate pressure on employees to sign the agreements and issues fines totalling $30,000.

The law requires agreements to be made without coercion or duress and to only deal with matters such as arrangements for when work is performed, overtime and penalty rates, allowances, and leave loading. They must also clearly state each term of the award to be varied and detail how the employee will be better off overall in relation to their terms and conditions of employment.

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