Making an individual flexibility arrangement
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Quick explanation
Previously reviewed explanation — check official wording before use
An employer and employee may genuinely agree to vary when work is performed, overtime rates, penalty rates, allowances or annual leave loading to meet both parties’ genuine needs.
Check the conditions
- The employee must have commenced employment; no coercion or duress is permitted and the employee must be better off overall when the arrangement is made.
- The employer gives a written proposal and takes reasonable steps, including translation where appropriate, to ensure an employee with limited written English understands it.
- Record names, affected terms, changes, how the employee is better off and start date; both parties sign, with a parent or guardian also signing for an employee under 18.
- Keep the arrangement as a time and wages record and give the employee a copy.
Exceptions
- No third-party consent is required except the under-18 signature. This does not replace separate facilitative agreements.
Read the official wording and citations
Meat Industry Award 2020 — FWC Award text hosted by the Fair Work Ombudsman
FWC · MA000059 · Clause 5
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
Complete normalized source clause. Exact snapshot/raw integrity checked; explanation review status is recorded separately on each entry. Parent-clause citation does not establish exhaustive paragraph coverage.
© Commonwealth of Australia 2026. Fair Work Commission. Consolidated Award text hosted by the Fair Work Ombudsman. Quotations retain source wording; whitespace/table formatting is normalised for display. Personal/non-commercial or internal use only under the FWC copyright notice. Quick Award explanations are separate AI source-checked text; no government endorsement.
- Official document
- Meat Industry Award 2020 — FWC Award text hosted by the Fair Work Ombudsman ↗
- Version
- This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2026 (PR799280, PR799339 and PR799495). ↗
- Citation verified
- Operative note
- This entry explains the current consolidated text. A consolidation or capture date does not establish when a term commenced; earlier accrued rights are preserved by clause 1.3.