4. Flexible work provisions

4.1.  It is acknowledged that flexibility is provided for throughout the Agreement including but not limited to the following clauses:

• Flexible types of appointment (clauses 7)
• Eligibility for casual conversion (clause 14.18-14.27)
• Superannuation arrangements (clause 25)
• Salary sacrifice for superannuation (clause 26)
• Purchase of and cash out of annual leave (clause 34.7)
• Family friendly leave provisions (clauses 37 and 41)
• Flexible working hours for professional staff (clause 45)
• Review of staff appointment category (clause 50)
• Transition to retirement options (clause 54).

Individual flexibility agreements

4.2.  In addition to the above flexible work provisions, the University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this agreement if the arrangement:

1. deals with arrangements about when tea breaks are taken;
2. meets the genuine needs of the employer and employee in relation the matter mentioned in paragraph (a); and
3. is genuinely agreed to by the employer and employee.

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

1. are about permitted matters under section 172 of the Fair Work Act 2009;
2. are not unlawful terms under section 194 of the Fair Work Act 2009; and
3. result in the staff member being better off overall than they would be if no arrangement was made.

4.4.  The University must ensure that the individual flexibility arrangement:

1. is in writing;
2. includes the name of the University and staff member;
3. is signed by an authorised representative of the University and by the staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member; and
3. includes details of:
   1. the terms of the enterprise agreement that will be varied by the arrangement;
   2. how the arrangement will vary the effect of the terms;
   3. how the staff member will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
   4. states the day on which the arrangement commences.

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

4.6.  The University or staff member may terminate the individual flexibility arrangement:

1. by giving no more than 28 days written notice to the other party to the arrangement; or
2. if the University and staff member agree in writing — at any time.