Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 204

Effect of arrangement that does not meet requirements of flexibility term

Application of this section

             (1)  This section applies if:

                     (a)  an employee and employer agree to an arrangement that purports to be an individual flexibility arrangement under a flexibility term in an enterprise agreement; and

                     (b)  the arrangement does not meet a requirement set out in section 203.

Note:          A failure to meet such a requirement may be a contravention of a provision of Part 3-1 (which deals with general protections).

Arrangement has effect as if it were an individual flexibility arrangement

             (2)  The arrangement has effect as if it were an individual flexibility arrangement.

Employer contravenes flexibility term in specified circumstances

             (3)  If section 203 requires the employer to ensure that the arrangement meets the requirement, the employer contravenes the flexibility term of the agreement.

Requirement relating to termination of arrangement

             (4)  If the arrangement does not provide that the arrangement is able to be terminated:

                     (a)  by either the employee, or the employer, giving written notice of not more than 28 days; or

                     (b)  by the employee and the employer at any time if they agree, in writing, to the termination;

the arrangement is taken to provide that the arrangement is able to be so terminated.



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