All transitional instruments based on agreements have passed their nominal expiry date. Independent contractors are independents who outsource their services to other companies. An example of an independent contractor is an electrician specifically hired by a company to carry out electrical work as part of the plant`s development. Independent contractors have different rights vis-à-vis staff. An IFA may change the way certain clauses in a premium or registered agreement apply to the employee it covers. 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. The Fair Work Act 2009 (FW Act) aims to promote flexibility in the workplace through the use of individual flexibility devices (IFAs). The IFA allows for changes to modern bonuses or enterprise agreements to meet the real needs of employers and individual workers, while ensuring that minimum rights and protection measures are not compromised. This guide illustrates best practices in implementing individual flexibility regimes in the workplace. For specific information on your minimum legal obligations, please contact the organizations in the „More Information“ section at the end of this manual. If you have searched and cannot reach an agreement: An IFA is a written agreement used by an employer and an employee to change the effect of certain clauses in their market or registered contract. It is used to make alternative arrangements that meet the needs of the employer and the worker. It is the employer`s responsibility to ensure that, overall, the worker is better than if there were no ARIs. The employer`s „best overall assessment“ generally involves comparing the worker`s financial benefits under the AFI with the financial benefits under the current arbitration or enterprise agreement. The employee`s personal circumstances and any non-financial benefits that are important to the employee may also be considered.