5.1 It is acknowledged that flexibility is provided for throughout the Enterprise Agreement including but not limited to the following clauses:
Individual Flexibility Agreements
5.2 In addition to the above flexible work provisions, the University and a staff member covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this agreement if the arrangement:
- deals with arrangements about when tea breaks are taken: and
- meets the genuine needs of the employer and employee in relation the matter mentioned in paragraph (a); and
- is genuinely agreed to by the employer and employee.
5.3 The University must ensure that the terms of the individual flexibility arrangement:
- are about permitted matters under section 172 of the Fair Work Act 2009; and
- are not unlawful terms under section 194 of the Fair Work Act 2009; and
- result in the staff member being better off overall than they would be if no arrangement was made.
5.4 The University must ensure that the individual flexibility arrangement:
- is in writing;
- includes the name of the University and staff member;
- is signed by an authorised representative of the University and staff member and if the staff member is under 18 years of age, signed by a parent or guardian of the staff member;
- includes details of:
- the terms of the enterprise agreement that will be varied by the arrangement;
- how the arrangement will vary the effect of the terms;
- 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
- states the day on which the arrangement commences.
5.5 The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to:
5.6 The University or staff member may terminate the individual flexibility arrangement:
- by giving no more than 28 days written notice to the other party to the arrangement; or
- if the University and staff member agree in writing - at any time.