s202-203: ss 202 and 203 Individual flexibility arrangements under an enterprise agreement
Under an enterprise agreement's flexibility term the employer ensures any IFA deals only with permitted matters and contains no unlawful term, is genuinely agreed, leaves the employee better off overall, is not subject to third-party approval, is in writing and signed by both (and a parent or guardian for under-18s), can be terminated on no more than 28 days' written notice or by written agreement, and that a copy is given to the employee within 14 days.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s202-203. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Signed agreement IFAs with better off overall assessments; Evidence of copy provided within 14 days; Review confirming IFAs vary only terms the flexibility term permits
What usually goes missing
IFA varies terms the flexibility term does not list; Copy not given within 14 days; Termination period longer than 28 days
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.