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"Like it or lump it" flexibility agreements appear "unlawful": FWC

An employer has been chastised for telling part-time employees they could only bid for additional shifts by signing individual flexibility agreements that waived their right to overtime.

Elderly Care last year offered individual flexibility agreements (IFAs) to employees, at its Bundaberg Tricare facility, who are covered by either the nurses or aged care modern awards.

The IFAs aimed to allow part-time employees to bid for shifts on top of their ordinary shifts, where the additional work performed would be paid at ordinary rates up to 38 hours per week, instead of at overtime rates as required by the two awards...

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