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

1.8.1 The University and a staff member covered by this Agreement may agree to make an individual flexibility agreement to vary the effect of terms of this Agreement if the arrangement deals with the following matters:

  1. Annualisation or averaging of Salary,
  2. Annual Leave Loading,
  3. Purchased Annual Leave, and/or
  4. Salary Packaging.

1.8.2 Annualisation or averaging of salary

A staff member who is employed on a continuing or fixed-term contract of employment on a fractional (part-year) basis; may apply to the University to receive an annualised salary payment over a twelve (12) month period or an averaged salary over an agreed period of less than twelve months based on the staff member's proportion of full-time employment.

An annualisation or averaging of salary arrangement will not affect payment of overtime to a Professional staff member who is eligible for overtime in accordance with clause 5.3.5 of the Agreement (Overtime).

1.8.3 Annual leave loading

A staff member may apply to receive their annual leave loading as part of their regular salary.

1.8.4 Purchased Leave

A staff member may apply to enter into an agreement with the University to purchase: ten (10) days (2 weeks) or twenty (20) days (4 weeks) additional leave in a twelve (12) month period or an agreed period of less than twelve months.

The purchased leave will be funded through the reduction in the staff member's ordinary rate of pay. To calculate the purchased leave rate of pay, the staff member'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 twelve (12) month or averaged over the agreed period.

1.8.5 Salary Packaging

A staff member may elect packaging of salary for motor vehicles, superannuation and other items that may be approved in accordance with University policy from time to time.

1.8.6 An individual flexibility agreement may be made on the following provisos:

  1. the arrangement meets the genuine needs of the University and the staff member in relation to the matters mentioned in sub-clause 1.8.1; and
  2. the arrangement is genuinely agreed to by the University and staff member.

1.8.7 The University must ensure that:

  1. agreement to an individual flexibility agreement may not be a precondition of employment, reclassification or promotion;
  2. the staff member is advised that they are entitled to have a staff representative negotiate a flexibility arrangement on their behalf, providing that the arrangement does not require the consent of a third party as specified in section 203(5) of the Fair Work Act; and
  3. the staff member and their staff representative must have at least three (3) working days to consider the proposal.

1.8.8 The University must ensure that the terms of the individual flexibility agreement:

  1. are about permitted matters under section 172 of the Fair Work Act;
  2. are not unlawful terms under section 194 of the Fair Work Act; and
  3. result in the staff member being better off overall than the staff member would be if no arrangement was made.

1.8.9 The University must ensure that the individual flexibility agreement:

  1. is in writing; and
  2. includes the name of University and staff member; and
  3. 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
  4. includes details of:
    1. the terms of this enterprise agreement that will be varied by the arrangement; and
    2. how the arrangement will vary the effect of the terms; and
    3. 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
    4. states the day on which the arrangement commences.

1.8.10 The University must give the staff member a copy of the individual flexibility agreement within fourteen (14) days after it is agreed to and keep a copy of the arrangement as a times and wages record.

1.8.11 The University or the staff member may terminate the individual flexibility agreement:

  1. by giving no more than twenty-eight (28) days written notice to the other party to the arrangement; or
  2. if the University and the staff member agree in writing — at any time.

This clause relates to reaching individual agreement to change the effect of provisions in the Agreement. The right to make an agreement pursuant to the clause is in addition to, and does not in any way affect or limit flexibilities or changes that arise from applying the terms of the Agreement.

Page last updated on 08/02/2023

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