A worker or employer may request that an AFI be considered. The employer must assess whether the worker`s financial benefits under the individual flexibility agreement are better than the financial benefits of the 2010 Security Services Industry Award or the company agreement. Another consideration is the employee`s personal circumstances and possible non-financial benefits. A flexible period allows an employer and a single worker to agree on an agreement that varies the effect of the modern company award or agreement to meet the real needs of the employer and that worker. The FW Act ensures that these agreements do not infringe on the minimum rights of workers by obliging the employer to ensure that the worker covered by the IFA is overall better off at the IFA compared to the award agreement or the modern company agreement which varies according to the IFA. This was a request by the Minister to review an aspect of a decision authorizing a company agreement. In the first case, the Commission decided that the duration of flexibility of the company agreement did not meet the requirements of a flexibility period, as it varied the terms of the company agreement instead of varying the effect of the terms of the company agreement. As a result, the Commission decided that the flexibility model would be part of the agreement. The absence of use of the exact language of the Fair Work Act does not mean that a notion of flexibility is not a notion of flexibility within the meaning of the Fair Work Act, since it is not appropriate to apply such high standards in the interpretation of company agreements. An approach that takes into account the objective of the provision should be favoured and a liberal approach to the design of the concept of flexibility was appropriate in light of the language of the concept of flexibility of the model.
It is the employer`s responsibility to ensure that the worker as a whole is better off than if there were no AFI. The employer`s overall assessment generally includes the comparison between the worker`s financial benefits under the IFA and the financial benefits under the current company bonus or agreement. The employee`s personal circumstances and any non-financial benefits that are important to the employee may also be considered. This means that modern bonus rights for any of these five award issues can be changed by an agreement between an employer and a single employee, provided that at the time of the IFA, the worker is “better off” after the IFA. The IFA can only take place after the employee concerned has started working and is entitled to the minimum award conditions imposed by the modern award. This means that an employer cannot ask a potential employee to accept an IFA as a condition of employment. . . .