5.1. It is acknowledged that flexibility is provided for throughout the Agreement including but not limited to the following clauses:
- Flexible types of appointment (clauses 8-15)
- Eligibility for casual conversion (clause 15.17-15.26)
- Superannuation arrangements (clause 25)
- Salary sacrifice for superannuation (clause 26)
- Purchase of and cash out of annual leave (clause 35.7)
- Family friendly leave provisions (clauses 38 and 39)
- Flexible working hours for professional staff (clause 45)
- Review of staff appointment category (clause 49)
- Transition to retirement options (clause 52).
Individual flexibility agreements
5.2. 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:
- deals with arrangements about when tea breaks are taken;
- 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;
- 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 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
- 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.