8.1 Individual Flexibility Arrangements

The University and an employee covered by this Agreement may choose to enter into an Individual Flexibility Agreement (IFA) to vary the effect of terms of this Agreement if the arrangement deals with Purchased Annual Leave.

Purchased Annual Leave:

1. An employee may apply to enter into an agreement with the University to alter the annual leave quantum at sub-clause 5.2(a)(i) by purchasing additional annual leave in the following quantum: ten (10) days (2 weeks), or twenty (20) days (4 weeks) additional leave may be purchased in a twelve (12) month period or an agreed period of less than twelve (12) months.

2. 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 over the twelve (12) months or averaged over the agreed period.

Any IFA must be genuinely agreed to by the University and the employee and cannot be a precondition of an

employee’s employment.

The University will ensure that an IFA is about a “permitted matter” and must not include an “unlawful term” as defined in the Act. The IFA must result in the employee being better off overall than the employee would have been if no IFA had been agreed to.

A copy of the IFA will be provided to the employee within fourteen (14) days of it being agreed to.

The University will ensure that the IFA is in writing and must be signed by the employee (or in the case of an employee under the age of eighteen (18), by their parent or guardian) and the University. The IFA is not required to be approved by anyone else other than the employee and the University.

An IFA may be terminated by either the University or the employee giving twenty-eight (28) days’ notice of termination,

in writing, to the other party, with the IFA ceasing to operate:

1. at the end of the notice period; or

2. at any time, by written agreement between the University and the employee.

An employee may choose to be represented by an Employee Representative when negotiating an IFA with the University.