University of Adelaide Enterprise Agreement 2010-2013

Download a full printable version of the University of Adelaide Enterprise Agreement 2010-2013.

1.4 Flexibility Arrangement

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

A staff member and the University may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if:

a) the arrangement deals with structuring a pattern of working hours (within the span of hours in this Agreement) to enable professional staff members to work on a full‐time or fractional seasonal basis for a portion of a year receiving salary payments averaged across the whole year. Provided that the staff member will be eligible for overtime in the same manner as other staff in respect of any hours worked outside the agreed ordinary hours specified in the arrangement;
b) the arrangement meets the genuine needs of the University and the staff member in relation to the matter mentioned in paragraph (a); and
c) the arrangement is genuinely agreed to by the University and staff member.

1.4.1 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 you being better off overall than you would be if no arrangement was made.

1.4.2 The University must ensure that the individual flexibility arrangement:

(a) is not a precondition of your employment, reclassification or promotion; and
(b) is in writing; and
(c) includes your name and the name of the University; and
(d) is signed by you and the University and if you are under 18 years of age, signed by your parent or guardian; and
(e) 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. states the day on which the arrangement commences.

1.4.3 The University must give you a copy of the individual flexibility arrangement within 14 days after it is agreed.

1.4.4 You or the University may terminate the individual flexibility arrangement:

(a) by giving 28 days written notice to the other party to the arrangement; or
(b) if you and the University agree in writing at any time.

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