Human Resources

Part H ? Flexibility

44.   Individual Flexibility Arrangement

44.1   The University and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:

44.1.1   the agreement deals with one or more of the following matters:

  1. arrangements about when work is performed;
  2. overtime rates;
  3. penalty rates;
  4. allowances;
  5. leave loading; and

44.1.2   the arrangement meets the genuine needs of the University and employee in relation to one or more of the matters mentioned in clause 47.1.1; and

44.1.3   the arrangement is genuinely agreed to by the University and employee.

44.2   The University must ensure that the terms of the individual flexibility arrangement:

44.2.1   are about permitted matters under s172 of the Fair Work Act 2009 (Cth); and

44.2.2   are not unlawful terms under s194 of the Fair Work Act 2009 (Cth); and

44.2.3   result in the employee being better off overall than the employee would be if no arrangement was made.

44.3   The University must ensure that the individual flexibility arrangement:

44.3.1   is in writing; and

44.3.2   includes the name of the University and employee; and

44.3.3   is signed by the University and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

44.3.4   includes details of:

  1. the terms of the enterprise agreement that will be varied by the arrangement; and
  2. how the arrangement will vary the effect of the terms; and
  3. how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and 44.3.5 states the day on which the arrangement commences.

44.4   The University must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

44.5   The University or employee may terminate the individual flexibility arrangement:

44.5.1   by giving no more than 28 days written notice to the other party to the arrangement; or

44.5.2   if the University and employee agree in writing – at any time.

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