Flexibility term must be included in an enterprise agreement
(1) An enterprise agreement must include a term (a flexibility term ) that:
(a) enables an employee and his or her employer to agree to an arrangement (an individual flexibility arrangement ) varying the effect of the agreement in relation to the employee and the employer, in order to meet the genuine needs of the employee and employer; and
(b) complies with section 203.
Effect of an individual flexibility arrangement
(2) If an employee and employer agree to an individual flexibility arrangement under a flexibility term in an enterprise agreement:
(a) the agreement has effect in relation to the employee and the employer as if it were varied by the arrangement; and
(b) the arrangement is taken to be a term of the agreement.
(3) To avoid doubt, the individual flexibility arrangement:
(a) does not change the effect the agreement has in relation to the employer and any other employee; and
(b) does not have any effect other than as a term of the agreement.
Model flexibility term
(4) If an enterprise agreement does not include a flexibility term, the model flexibility term is taken to be a term of the agreement.
(5) The regulations must prescribe the model flexibility term for enterprise agreements.