68. Flexibility

  1. Professional staff collective agreement
    1. Notwithstanding any other provision of this agreement, the University and an individual employee may agree to vary the application of certain terms of this agreement to meet the genuine needs of the University and the individual employee. The agreement between the University and the individual employee must be confined to a variation in the application of one or more of the terms listed below.
      1. Salary Packaging

        An employee may elect packaging of salary for superannuation and other items that may be approved in accordance with University policy from time to time.

      2. Purchased Leave

        An employee may apply to enter into an agreement with the University to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.

        The purchased leave will be funded through the reduction in the employee’s ordinary rate of pay. To calculate the purchased leave rate of pay, the employee’s ordinary salary rate will be reduced by the number of weeks of purchased leave and then annualised at a pro rata rate over the 12 month period.

    2. The University may agree to a request, provided the employee and the University genuinely agree to the arrangement without coercion or duress, and the employee is better off overall than they would have been if no agreement were entered into.

      The agreement will be taken not to disadvantage the individual employee in relation to their terms and conditions of employment if:

      1. the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this agreement; and
      2. the agreement does not result in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory.
    3. The University when seeking to enter into an agreement must provide a written proposal to that employee. Where the employee’s understanding of written English is limited the University must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
    4. The University must ensure that the individual flexibility arrangement:
      1. is in writing; and
      2. includes the name of the University and employee; and
      3. is signed by the University and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
      4. includes details of:
        • the terms of the enterprise agreement that will be varied by the arrangement; and
        • how the arrangement will vary the effect of the terms; and
        • how the agreement does not disadvantage the individual employee in relation to the terms and conditions of his or her employment as a result of the arrangement; and
      5. states the day on which the arrangement commences.
    5. The University must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
    6. The University or employee may terminate the individual flexibility arrangement:
      1. by giving no more than 28 days written notice to the other party to the arrangement and the agreement ceasing to operate at the end of the notice period; or
      2. if the University and employee agree in writing — at any time.
    7. The University is responsible for ensuring that all of the requirements of this clause are met.
    8. The University will provide a copy of an employee’s flexibility arrangement made under this clause to a Union, upon the written request of the employee.
    9. The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the University and an individual employee contained in any other term of this agreement.
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