2.11 Individual Flexibility Arrangement

2.11 Individual Flexibility Arrangement

2.11.1 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 the Agreement if:

(a) the Arrangement deals with taking leave in accordance with the Deferred Salary Scheme Policy; and/or

(b) the Arrangement varies the timing of salary payments from fortnightly to some other salary payment pattern; and

(c) the Arrangement meets the genuine needs of the University and the Staff Member in relation to the matter mentioned in paragraph (a) and/or (b); and

(d) the Arrangement is genuinely agreed to by the University and Staff Member.

2.11.2 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 2009; and

(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and

(c) result in the Staff Member being better off overall than the Staff Member would be if no arrangement was made.

2.11.3 The University must ensure that the Individual Flexibility Arrangement:

(a) is in writing; and

(b) includes the name of the University and the Staff Member; and

(c) is signed by the University and 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

(d) includes details of:

(i) the terms of the Enterprise Agreement that will be varied by the Arrangement; and

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

(iii) how the Staff Member will be better off overall in relation to the terms and conditions of his or her employment as a result of the Arrangement; and

(iv) states the day on which the Arrangement commences.

2.11.4 The University must give the Staff Member a copy of the Individual Flexibility Arrangement within 14 days of it being agreed.

2.11.5 The University or Staff Member 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 Staff Member agree in writing - at any time.

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