Flex Agreement

A flexibility document allows an amendment to the Live Performance Award. This agreement allows FCC to pay a flat rate for all work hours than those specified in the award. The award's normal work hours rate applies between 0600 to 2300 and the night rate applies between 2300 and 0600. Because we pay a much higher day time rate than the award, our reports show that 93% of crew earn more money annually than what is specified in the award. Most crew that fell in the 7% were those that only did one or 2 shifts with FCC that were overnight and never accepted any more FCC shifts. Should a crew member decide to take the majority of the shifts at night during the hours of 2300 and 0600, we pay the balance of any owing night rate money every 4 weeks so that income is always compliant with the award. This document outlines the amendment.

 

 

INDIVIDUAL FLEXIBILITY AGREEMENT

 

TERMS AND CONDITIONS

1.      Parties to the agreement

The parties to this Individual Flexibility Agreement (“Parties”) are:

1.1   First Class Crew Pty Ltd (“the Company” or “FCC”) and

1.2   [Enter full name in field below] (“You”)

2.      Commencement and operation

2.1   This Flexibility Agreement will commence on [Insert commencement date in field below].

2.2   The Flexibility Agreement is made in accordance with clause 7 of the Live Performance Award 2010 (“Award”). Once signed, this Flexibility Agreement will vary the effect of certain parts of the Award, as specified below.

2.3   This Agreement does not provide you with a contractual entitlement, nor does it form part of your contract of employment.

3.      Termination

3.1   In accordance with clause 7.11 of the Award, this Agreement can be terminated:

a)      by any party giving 13 weeks’ written notice; or

b)     at any time by written agreement between the parties.

4.      Genuine agreement

4.1   By Singing this Agreement, you agree that:

a)      the parties have genuinely entered into this Agreement without coercion or duress;

b)     you have been given adequate time to consider the terms of this Agreement prior to signing it, and have had the opportunity to seek relevant advice on its terms; and

c)      as a result of entering into this Agreement, you agree that you are better off overall than you would have been if no Individual Flexibility Agreement had been agreed to.

5.      Amendment of Award terms

5.1   The Parties have agreed to amend the following terms of the Award in the manner below:

 

 

 

Award Term

Variation

Clause 42.3: Casual employees

·        The appropriate per hour rate for casual employees is calculated by dividing the rate per week, as specified in clause 43Minimum wages, for the relevant and adding a 25% loading on such hourly rates so calculated.

 

 

 

 

 

Clause 47: Overtime and penalty rates

Clause 47.6

·        A crewing services employee will receive a 52.5% penalty payment instead of overtime and penalty provisions for all purposes of this award for work between 11.00 pm and 6.00 am.

 

 

In compensation for payment of the casual loading and penalty rates for evening and weekend work, all casual employees will be paid a loaded rate of pay as outlined in their employment contract.

In the event that this loaded rate of pay does not adequately compensate the employee for all penalty hours worked between 11pm to 6am, the shortfall amount will be paid to the employee at then end of a 4 week (28 day) period so that the employee is always better off than the award.

 

 

 

Crewing companies only pay penalty rates between 11pm and 6pm under the award.

Penalty rates, however, do get paid by First Class Crew under the following circumstances:

·        All public holidays are 1.5x except for Christmas and New Year which is 2x.

·        Long shifts over 10 hours pay 1.5x for the time after the 10 hour mark and pay 2x for the time after the 12 hour mark

 

6.      Better Off Overall

6.1   As a result of the variation to the Award as outlined in paragraph 5 above, you agree that you are better off overall as a result of the following:

 

a)      under this Agreement you receive a loaded hourly rate of pay higher from FCC than the Award minimum wage;

 

b)     your FCC loaded hourly rate of pay is paid to you for all hours worked, except on public holidays and long shifts where you’ll get paid additional penalties as outlined in the table above

c)      at the end of a 28-day period you will be paid any shortfall amount should the FCC loaded hourly rate not have compensated you correctly under clause 47.6 of the award mentioned in the table above



 

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