If a worker or employer violates an IFA term, it violates the duration of the contract – the IFA can be imposed as the duration of the enterprise contract.  An enterprise agreement may be reached between one or more employers and two or more employees with their elected representatives. The Fair Work Act 2009 (FW Act) aims to promote flexibility in the workplace through the use of individual flexibility devices (IFAs). The IFA allows for changes to modern bonuses or enterprise agreements to meet the real needs of employers and individual workers, while ensuring that minimum rights and protection measures are not compromised. An employer must ensure that the worker is generally better off with the IFA than without the IFA in relation to the allocation or agreement registered at the time of the IFA agreement. To do so, they should consider the financial and non-financial benefits to the employee as well as the personal circumstances of the employee. This guide illustrates best practices in implementing individual flexibility regimes in the workplace. For specific information on your minimum legal obligations, please contact the organizations in the “More Information” section at the end of this manual. Before workers vote to amend their agreement, the employer must take some of the same steps that are necessary to conclude a new enterprise agreement. This implies that employees must have had access to a copy of the variant 7 days before the vote. The Commission`s distinction between the modification of a concept and the variation in the effect of a term is not a valid distinction.
The practical effect of an individual flexibility agreement, concluded as part of a period of flexibility, was to change the terms of an enterprise agreement with regard to the employer and the individual worker. An IFA appears to be a clause in a modern arbitration award or enterprise agreement and can be applied as such. The employer and its employees covered by the enterprise agreement may accept a change. Any changes must be approved by the majority of workers who vote in favour of the amendment. If there is no notion of flexibility in the enterprise agreement or if there is not one, but it does not meet all the requirements, the concept of standard flexibility defined in the Fair Work Regulations is considered a concept of agreement.  An example of a case where the Commission can fulfil satisfactory exceptional circumstances is that the agreement is part of a reasonable strategy to deal with a short-term crisis in the business of an employer covered by the agreement and to help them get back on track. An IFA can be used to vary certain conditions of a bonus or modern business agreement, as it applies to staff covered by the IFA. An enterprise agreement could provide for. B normal working hours between 9 a.m. and 5 p.m.
When an AFI between an employer and an individual worker provides for normal hours between 7 and 3 p.m., the enterprise agreement applies to that worker, as if the enterprise agreement were provided for the usual hours between 7 and 3 p.m. The unmodified enterprise agreement continues to apply to other employees who are not covered by the IFA, so they have normal hours between 9 a.m. and 5 p.m.