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:

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
  4. 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.
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