IFAs are written agreements varying the effect of certain award or agreement terms for individual employees.
Legislation: Fair Work Act 2009 s144, s202-204 | Category: Industrial Instruments
What is Individual Flexibility Arrangements (IFAs)?
Individual flexibility arrangements are written agreements between an employer and individual employee that vary the effect of certain terms of a Modern Award or enterprise agreement. IFAs allow for customised arrangements that suit both parties while ensuring the employee is better off overall.
Modern Awards and enterprise agreements must include a flexibility term that allows IFAs to be made. The flexibility term specifies which conditions can be varied, such as arrangements about when work is performed, overtime rates, penalty rates, allowances, and leave loading.
Key Compliance Points for Employers
- The employee must be better off overall under the IFA compared to the award or agreement
- IFAs must be in writing, signed by both parties, and specify when they commence
- Either party can terminate an IFA by giving written notice (usually 13 weeks or by agreement)
- IFAs cannot be offered as a condition of employment
- The IFA must not include unlawful terms and must leave NES entitlements intact
Frequently Asked Questions
What is Individual Flexibility Arrangements (IFAs)?
IFAs are written agreements varying the effect of certain award or agreement terms for individual employees.
Why is Individual Flexibility Arrangements (IFAs) important for employers?
Understanding individual flexibility arrangements (ifas) helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
