The Hospitality Industry (General) Award 2010 (the 'HIGA') and the Restaurant Industry Award 2010 (the 'RIA') both allow for employers and individual employees to enter into an individual flexibility arrangement ('IFA') under Clause 7 - Award Flexibility - of both Awards.
This clause has been incorporated into the HIGA and the RIA so that an employer and an individual employee can vary the operation of particular terms of the Award to be more flexible and practical in relation to the genuine needs of the employer and the employee.
An IFA is designed to be used when an employer and an employee mutually agree to vary certain terms of a modern award that applies to the employee – in line with the variations allowable under the relevant modern award.
Therefore, an IFA is not an employment contract, rather, it is an agreement that is reached once employment has commenced. Employment cannot be offered conditional upon a prospective employee entering into an IFA.
WHAT CAN I VARY?
The terms of both the HIGA and the RIA that an employer and an individual employee may agree to vary are:
Arrangements for when work is performed; and/or
Overtime rates; and/or
Penalty rates; and/or
(Annual) Leave loading.
However, in varying the above terms, an IFA must result in the individual employee being Better Off Overall in relation to their overall terms and conditions of employment when compared to the HIGA.
The Employment Relations team can assist with the drafting of an Individual Flexibility Agreement (IFA) on your behalf. For the nominal fee of $205.00* plus GST per hour, the QHA's experienced team can assist you.