Individual Flexibility Arrangement

8Individual Flexibility Arrangement

8.1 This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act. 

8.2 The University and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: 

a.the arrangement permits the employee to vary the terms of this Agreement relating to any of the following:convert the annual leave loading provided for in clause 47.7 to 3 days additional annual leave in accordance with the relevant policy

(i) arrangements for when work is performed; 

(ii) overtime rates;

(iii)penalty rates;

(iv) allowances; or

(i)(v) annual leave loading, by converting the annual leave loading provided for in clause X (Annual Leave) to 3 days additional annual leave.

a.b. the arrangement meets the genuine needs of the University and the employee in relation to the matter mentioned in paragraph 8.2a. 

b.c. the arrangement is genuinely agreed to by the University and the employee; and 

c.d. the arrangement does not require that anyone else approve it other than the employee and the University. 

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

a. are about permitted matters under section 172 of the Fair Work Act; 

b. are not unlawful terms under section 194 of the Fair Work Act; and 

c. result in the employee being better off overall than the employee would be if no arrangement was made. 

8.4 The University must ensure that the individual flexibility arrangement: 

a. is in writing; 

b. includes the name of the Head of Organisational Unit and the employee; 

c. is signed by the Head of Organisational Unit and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and 

d. includes details of: 

(i) the terms of the Agreement that will be varied by the arrangement; 

(ii) how the arrangement will vary the effect of the terms; and 

(iii) how the employee will be better off overall in relation to the terms and conditions of employment as a result of the arrangement; and 

e. states the day on which the arrangement commences. 

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

8.6 The University or employee may terminate the individual flexibility arrangement: 

a.by giving no more than 28 days written notice to the other party to the arrangement; or 

b. if the University and employee agree in writing — at any time. 

8.7 The arrangement to convert annual leave loading to additional annual leave will normally be entered into on an annual basis and in accordance with the relevant policy and procedure.