s144-145: ss 144 and 145 Individual flexibility arrangements under a modern award
Where an employer and employee make an individual flexibility arrangement under an award's flexibility term, the employer ensures it is genuinely agreed, leaves the employee better off overall than without it, is in writing and signed by both (and by a parent or guardian if the employee is under 18), and that a copy is given to the employee; it can be terminated as the term provides and in any case on up to 28 days' written notice or by written agreement. An arrangement that fails a requirement the employer must ensure is a contravention of the award's flexibility term (s 145). An offer of employment may not be made conditional on signing an IFA (s 341(3) note).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s144-145. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Signed IFA copies with the better off overall assessment for each; Record of the copy given to the employee; IFA register with termination notices
What usually goes missing
IFAs used as a condition of hire; No better off overall comparison; Under-18 IFAs without parent or guardian signature
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.