Common use of FLEXIBILITY TERM Clause in Contracts

FLEXIBILITY TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work Xxx 0000. (a) 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 at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for: (i) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if (ii) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) the arrangement is genuinely agreed to by the University and the staff member. (b) The University must ensure that the terms of the individual flexibility arrangement and its terms: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (iii) results in the staff member being better off overall than the staff member would be if no arrangement was made and (iv) is in writing; and (v) includes the name of the University and the staff member; and (vi) 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 includes details of: • • the terms of the agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and 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 states the day on which the arrangement commences. (vii) does not require that anyone else approve it, other than the staff member and the University. (c) The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (d) The University or the staff member may terminate the individual flexibility arrangement: (i) by giving written notice of not less than 28 days; or (ii) if the University and the staff member agree in writing — at any time.

FLEXIBILITY TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work Xxx 0000Act 2009. (a) 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 at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for: (i) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if (ii) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) the arrangement is genuinely agreed to by the University and the staff member. (b) The University must ensure that the terms of the individual flexibility arrangement and its terms: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iii) results in the staff member being better off overall than the staff member would be if no arrangement was made and (iv) is in writing; and (v) includes the name of the University and the staff member; and (vi) 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 includes details of: • • the terms of the agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and 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 states the day on which the arrangement commences. (vii) does not require that anyone else approve it, other than the staff member and the University. (c) The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (d) The University or the staff member may terminate the individual flexibility arrangement: (i) by giving written notice of not less than 28 days; or (ii) if the University and the staff member agree in writing — at any time.

FLEXIBILITY TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work Xxx 0000Act 2009. (a) 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 at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for: (ia) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if (iib) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (ia); and (iiic) the arrangement is genuinely agreed to by the University and the staff member. (b) 2. The University must ensure that the terms of the individual flexibility arrangement and its terms: (ia) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (iib) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iiic) results in the staff member being better off overall than the staff member would be if no arrangement was made and (ivd) is in writing; and (ve) includes the name of the University and the staff member; and (vif) 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 includes details of: • • the terms of the agreement that will be varied by the arrangement; and • how the arrangement will vary the effect of the terms; and • 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 • states the day on which the arrangement commences. (viig) does not require that anyone else approve it, other than the staff member and the University. (c) 3. The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (d) 4. The University or the staff member may terminate the individual flexibility arrangement: (ia) by giving written notice of not less than 28 days; or (iib) if the University and the staff member agree in writing — at any time.

FLEXIBILITY TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work Xxx 0000. (a) 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 at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for: (i) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if (ii) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) the arrangement is genuinely agreed to by the University and the staff member. (b) The University must ensure that the terms of the individual flexibility arrangement and its terms: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (iii) results in the staff member being better off overall than the staff member would be if no arrangement was made and (iv) is in writing; and (v) includes the name of the University and the staff member; and (vi) 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 includes details of: • • the terms of the agreement that will be varied by the arrangement; and • how the arrangement will vary the effect of the terms; and • 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 • states the day on which the arrangement commences. (vii) does not require that anyone else approve it, other than the staff member and the University. (c) The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (d) The University or the staff member may terminate the individual flexibility arrangement: (i) by giving written notice of not less than 28 days; or (ii) if the University and the staff member agree in writing — at any time.

FLEXIBILITY TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work Xxx 0000. (a) Act 2009. • 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 at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for: (ia) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if (iib) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (ia); and (iiic) the arrangement is genuinely agreed to by the University and the staff member. (b) . • The University must ensure that the terms of the individual flexibility arrangement and its terms: (i) : • are about permitted matters under section 172 of the Fair Work Xxx 0000; and (ii) Act 2009, and • are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (iii) Act 2009, and • results in the staff member being better off overall than the staff member would be if no arrangement was made and (iv) and • is in writing; and (v) , and • includes the name of the University and the staff member; and (vi) , and • 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 includes details of: • • the terms of the agreement that will be varied by the arrangement; , and how the arrangement will vary the effect of the terms; , and how the staff member will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; , and states the day on which the arrangement commences. (vii) commences • does not require that anyone else approve it, other than the staff member and the University. (c) . • The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (d) . • The University or the staff member may terminate the individual flexibility arrangement: (i) : • by giving written notice of not less than 28 days; or (ii) , or • if the University and the staff member agree in writing — at any time.

FLEXIBILITY TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work Xxx 0000. (a) Act 2009. 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 at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for: (ia) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if (iib) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (ia); and (iiic) the arrangement is genuinely agreed to by the University and the staff member. (b) . The University must ensure that the terms of the individual flexibility arrangement and its terms: (i) : are about permitted matters under section 172 of the Fair Work Xxx 0000; and (ii) Act 2009, and are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (iii) Act 2009, and results in the staff member being better off overall than the staff member would be if no arrangement was made and (iv) and is in writing; and (v) , and includes the name of the University and the staff member; and (vi) , and 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 includes details of: • • the terms of the agreement that will be varied by the arrangement; , and how the arrangement will vary the effect of the terms; , and how the staff member will be better off overall in relation to the terms and conditions of their his or her employment as a result of the arrangement; , and states the day on which the arrangement commences. (vii) commences does not require that anyone else approve it, other than the staff member and the University. (c) . The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (d) . The University or the staff member may terminate the individual flexibility arrangement: (i) : by giving written notice of not less than 28 days; or (ii) , or if the University and the staff member agree in writing — at any time.

FLEXIBILITY TERM. This clause constitutes the flexibility term referred to under section 202 of the Fair Work Xxx 0000Act 2009. (a) 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 at Clause clause 6.2 Recreation Leave and Clause clause 4.2 Attendance of Professional Staff for: (i) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff Staff member, to work ordinary hours for five consecutive days Monday to Sunday if: (ii) the arrangement meets the genuine needs of the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) the arrangement is genuinely agreed to by the University and the staff member. (b) The University must ensure that the terms of the individual flexibility arrangement and its terms: (i) are about permitted matters under section 172 of the Fair Work Xxx 0000Act 2009; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000Act 2009; and (iii) results in the staff member being better off overall than the staff member would be if no arrangement was made made; and (iv) is in writing; and (v) includes the name of the University and the staff member; and (vi) 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 includes details of: • • the terms of the agreement that will be varied by the arrangement; and • how the arrangement will vary the effect of the terms; and • 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 • states the day on which the arrangement commences. (vii) does not require that anyone else approve it, other than the staff member and the University. (c) The University must give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to. (d) The University or the staff member may terminate the individual flexibility arrangement: (i) by giving written notice of not less than 28 days; or (ii) if the University and the staff member agree in writing — at any time.

FLEXIBILITY TERM. 8.1 This clause constitutes the flexibility term referred to under section in Section 202 of the Fair Work Xxx 0000. (a) The University and 8.2 An individual Employee may initiate a staff member covered by this Agreement may agree request to make enter into an individual flexibility arrangement to vary the effect of terms of the Agreement at Clause 6.2 Recreation Leave and Clause 4.2 Attendance of Professional Staff for: (i) an agreement to reduce their annual salary in exchange for proportionally additional recreation leave over a period of 12 months, or on application by a Professional staff member, to work ordinary hours for five consecutive days Monday to Sunday if (ii) where the arrangement meets the genuine needs of the Employee and the University and the staff member in relation to 1 or more of the matters mentioned in paragraph (i); and (iii) the arrangement is genuinely agreed to by the University and the staff memberEmployee. (b) The 8.3 If an Employee's employment would be, but for this Agreement, subject to a modern award, the University must ensure that and the terms of 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 Salary Packaging; ii. Clause 38.5.2 Superannuation; iii. Clause 42 Hours of Work and its terms:Overtime (Professional Employees); iv. Clause 47.1.3 Annual leave loading; v. Schedule F Allowances. (i) are 8.4 An individual flexibility arrangement must be about a “permitted matters under section 172 of matter” and must not be an “unlawful term” as defined in the Fair Work Xxx 0000; and (ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and (iii) results . The individual flexibility agreement must result in the staff member Employee being better off overall than the staff member Employee would be have been if no individual flexibility arrangement was made andhad been agreed to. (iv) 8.5 The University will ensure that the individual flexibility arrangement is in writing; and (v) includes the name of the University writing and the staff member; and (vi) is must be signed by the University Employee (or in the case of an Employee under the age of 18, by their parent or guardian) 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 includes details of: • • the terms of the University. The individual flexibility agreement that will be varied by the arrangement; and how the arrangement will vary the effect of the terms; and 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 states the day on which the arrangement commences. (vii) does not require that anyone else approve it, other than the staff member Employee and the University. 8.6 The individual flexibility arrangement may be terminated either by the University or the Employee giving four (c4) The University must give weeks notice of termination, in writing, to the staff member a copy of other party, with the individual flexibility arrangement within 14 days after it is agreed to. (d) The University ceasing to operate at the end of the notice period; or the staff member may terminate the individual flexibility arrangement: (i) at any time, by giving written notice of not less than 28 days; or (ii) if agreement between the University and the staff member agree in writing — at any timeEmployee. 8.7 An individual Employee may be represented by their Nominated Representative when negotiating an individual flexibility arrangement with the University.