This means that modern premium rights can be changed for one of these five procurement issues by an agreement between an employer and a single worker, provided that the worker is „doing better“ overall under the IFA at the time of the IFA agreement. An IFA can only be set up after the employment of the staff concerned has started and is entitled to the minimum premium requirements set out in each modern price. This means that an employer cannot ask a potential worker to accept an AFI as a condition of employment. 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. An IFA may be interrupted at any time by a written agreement between the employer and the employee. Otherwise, the IFA may be terminated by an appropriate notification to the other party. An IFA made as part of a distinction can be closed with a 13-week delay. A registered agreement will say how much notification is required, but it may not be more than 28 days.
Dave is a full-time industrial chemist with Rosie Industries Pty Ltd. Dave`s employment is covered by the Rosie Industries Pty Ltd Enterprise Agreement, which provides a flexibility clause allowing IFAs to work on the hours an employee works within the agreed range of hours. Dave wants to coach his son`s football practice under the age of 10 on Tuesday afternoon. Dave makes an IFA with his employer that allows him to work and finish on Tuesdays half an hour earlier, without the usual penalty rate that would apply to the first half hour. Dave is doing better overall because he can take his son`s training, which he considers a significant non-financial benefit. An IFA may change the way certain clauses in a premium or registered agreement apply to the employee it covers. An IFA concluded under an enterprise agreement can only change the terms of the enterprise agreement defined in the flexibility clause in the enterprise agreement. The issues contained in the flexibility period must be decided by the parties at the conclusion of the enterprise agreement. For example, the flexibility clause in an enterprise agreement could stipulate that all the terms of the agreement can be changed or it could say that only certain terms of the agreement can be amended by an IFA. An IFA concluded under a modern price or enterprise agreement ends with the creation of a new enterprise agreement.