Full Bench found that an individual flexibility agreement concluded under a flexibility regime in a company agreement does not change the terms of the agreement, but the agreement modifies the legal rights of the parties on the relevant points. In other words, an individual flexibility agreement changes the effect of a duration of the company agreement and not the duration itself. A period of flexibility must meet a number of requirements, including: an IFA can be terminated at any time by a written agreement between the employer and the employee. Otherwise, the IFA may be stopped by a notification to the other party. An IFA as part of a prize can be closed with a period of 13 weeks. A registered agreement indicates the number of notifications needed, but it cannot take more than 28 days. 1. An employer and a worker covered by this company agreement may agree to conclude an individual flexibility agreement in order to vary the effect of the contractual conditions if: The Minister makes a pre-eminal distinction according to which the distinction made by the Commission between the modification of a duration and the modification of the effect of a duration is not a valid distinction. The practical effect of an individual flexibility agreement concluded within a period of flexibility has been to vary the terms of a company agreement in relation to the employer and the worker. 4. The employer must give the worker, within fourteen days of the agreement, a copy of the individual flexibility agreement.
All contracts, company agreements and other registered agreements must include an Individual Flexibility Agreement (IFA). If a registered agreement does not contain one, the standard clause of the Fair Work Regulations 2009 applies. (2) The employer must ensure that the conditions of the individual flexibility agreement: if the company agreement does not contain a period of flexibility or a period of flexibility, but does not meet all the requirements, the standard duration of flexibility set by the fair working rules is considered to be a contractual duration.  If the Fair Work Commission approves a company agreement and the standard flexibility period is considered to be the duration of the agreement, this must be mentioned in the decision approving the agreement.  Failure to use 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. An employer must ensure that the worker is generally better off with the IFA than in the absence of an ifa in relation to its assignment or agreement registered at the time of the IFA. . . .