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The Commission`s distinction between the modification of a concept and the variation in the effect of a term is not a valid distinction. The practical effect of an individual flexibility agreement, concluded as part of a period of flexibility, was to change the terms of an enterprise agreement with regard to the employer and the individual worker. If there is no notion of flexibility in the enterprise agreement or if there is not one, but it does not meet all the requirements, the concept of standard flexibility defined in the Fair Work Regulations is considered a concept of agreement. [4] A flexibility clause allows an employer and an individual worker to agree on an agreement that varies the effect of the awarding or modern enterprise agreement, in order to meet the real needs of the employer and the worker. The FW Act ensures that these provisions do not infringe on the minimum rights of workers by requiring the employer to ensure that, on the whole, the worker covered by the IFA is better off than the modern attribution or enterprise agreement, which varies between the IFA. However, a concept that does not provide for a change in the effect of one of the terms of the contract cannot constitute a flexibility clause. The flexibility clause used in a registered agreement will indicate which clauses can be changed. The Fair Work Act 2009 (FW Act) aims to promote flexibility in the workplace through the use of individual flexibility devices (IFAs). The IFA allows for changes to modern bonuses or enterprise agreements to meet the real needs of employers and individual workers, while ensuring that minimum rights and protection measures are not compromised. If an employer does not ensure that an IFA is properly executed in accordance with the FW act, it can be punished with a fine of up to USD 13,320 for an individual or $66,600 if the employer is an organization. An IFA concluded under a modern price or enterprise agreement ends with the creation of a new enterprise agreement. However, any modern attribution and enterprise agreement must include a concept of “flexibility.” If an enterprise agreement does not contain a concept of flexibility, it will be carried out in such a way as to include the concept of standard flexibility defined in the Fair Work Regulations 2009.