Personal Flexibility Agreements Sample Clauses
Personal Flexibility Agreements.
8.1. An individual Employee and Chief Executive of an Agency may mutually and voluntarily agree to make a written “Personal Flexibility Agreement” that will apply in accordance with this clause.
8.2. The Employee and Chief Executive of an Agency must Agree that there is mutual advantage in making such agreement (i.e. they each consider themselves better off overall having regard to this enterprise agreement and applicable award (considered as a whole)).
8.3. The Personal Flexibility Agreement will operate in accordance with its terms notwithstanding this Agreement (other than this clause) and/or applicable Award and will not operate for a period/s that extend/s beyond the life of this Agreement. For the avoidance of doubt, the terms of a Personal Flexibility Agreement will prevail over the terms of this Agreement or Award to the extent of inconsistency.
8.4. A Personal Flexibility Agreement will cease to operate at the end of not less than four weeks written notice to the other (the last day to coincide with the end of a pay period applicable to the employee), unless earlier cessation is agreed by the Chief Executive and Employee.
8.5. A Personal Flexibility Agreement may, for example, provide for a personal arrangement as to the hours within which work is to be performed (whether at ordinary or penalty rates); configuration of working hours; and/or an all-inclusive or ‘loaded’ salary (that may have regard to eg. out of ordinary hours; split working day arrangement; personal configuration for hours work; on-call and/or recall; availability and/or work performed out of hours whether at a workplace or by telephone and/or electronic means; annualised salary having regard to working arrangement and/or anticipated out of hours work; the particular nature of the work being performed; or otherwise). Other than in relation to personal details, the content of a Personal Flexibility Agreement will not be confidential.
8.6. A request by an individual Employee to an Agency for a Personal Flexibility Agreement is not a breach of the no extra claims clause and an Agency is not required to accede to such request (i.e. it is wholly voluntary on the part of each of the Employee and Agency). Despite any other clause of this Agreement, a decision by an Employee or an Agency to not consider and/or to make a Personal Flexibility Agreement cannot be the subject of a dispute or review.
8.7. In this clause, “individual Employee” means an Employee:
