5. Flexible work provisions

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

  1. Flexible types of appointment (clauses 8-15)
  2. Eligibility for casual conversion (clause 15.17-15.26)
  3. Superannuation arrangements (clause 25)
  4. Salary sacrifice for superannuation (clause 26)
  5. Purchase of and cash out of annual leave (clause 35.7)
  6. Family friendly leave provisions (clauses 38 and 39)
  7. Flexible working hours for professional staff (clause 45)
  8. Review of staff appointment category (clause 49)
  9. 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:

  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.

5.3.  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.

5.4.  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.

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:

  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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