An individual flexibility agreement (IFA) is part of the Fair Work Act.
The Fair Work Act requires every Modern Award and Enterprise Agreement to include a "test flexibility clause".
In theory, this clause enables an employer and employee to agree on an IFA which varies the effect of the Modern Award or Enterprise Agreement so that it can "meet the genuine needs of the employer and that individual employee" in an individual context.
Under the Fair Work Act 2009, employers are prohibited from using undue influence or pressure, coercion, threats, discrimination or taking adverse action against an employee to make them sign.
In 2011, the Spotless Group became the focus of an industrial relations test case in Australia[1] after claims of bullying and harassment surrounding Spotless’ use of IFAs,[2] were raised by members of United Voice, the union that represents contract cleaners employed by Spotless at shopping centres, CBD buildings and other privately and publicly owned buildings.