8. Flexibility Term

8.1 This clause constitutes the flexibility term referred to in Section 202 of the Fair Work Act 2009.

8.2 An individual employee may initiate a request to enter into an individual flexibility arrangement where the arrangement meets the genuine needs of the employee and the University and is genuinely agreed to by the University and the employee.

8.3 If an employee's employment would be, but for this Agreement, subject to a modern award, the University and the employee may seek to enter into an individual flexibility arrangement varying the effect of one (1) or more of the following terms of this Agreement:

i. Clause 38.5.1 Superannuation;
ii. Clause 38.4 Salary Packaging;
iii. Clause 42 Ordinary hours of work;
iv. Clause 46 Overtime;
v. Clause 48.1.3 Annual leave loading;
vi. Schedule F Allowances.

8.4 An individual flexibility arrangement must be about a “permitted matter” and must not be an “unlawful term” as defined in the Fair Work Act 2009. The individual flexibility agreement must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement had been agreed to.

8.5 The University will ensure that the individual flexibility arrangement is in writing and must be signed by the employee (or in the case of an employee under the age of 18, by their parent or guardian) and the University. The individual flexibility agreement does not require that anyone else approve it, other than the employee and the University.

8.6 The individual flexibility arrangement may be terminated either by the University or the employee giving four (4) weeks’ notice of termination, in writing, to the other party, with the individual flexibility arrangement ceasing to operate at the end of the notice period; or at any time, by written agreement between the University and the employee.

8.7 An individual employee may be represented by their nominated representative when negotiating an individual flexibility arrangement with the University.