Common use of Flexibility Agreement Clause in Contracts

Flexibility Agreement. ‌ 29.1 This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act 2009. 29.2 The University and a staff member covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of the agreement if: (a) the arrangement is about a variation to clause 28 of this Agreement so that the staff member’s mode of employment changes from part-time to full-time, or at the request of the staff member from full-time to part-time for a specified period; (b) the arrangement meets the genuine needs of the University and the staff member in relation to the matter mentioned in paragraph (a); (c) the arrangement is genuinely agreed to by the University and the staff member, without coercion or duress; and (d) the arrangement does not disadvantage other staff members in the workplace in relation to their terms and conditions of employment. 29.3 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; (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the staff member being better off overall than the staff member would be if no arrangement was made; and (d) are consistent with the University's responsibilities to provide a safe and healthy working environment. 29.4 The University must ensure that the individual flexibility arrangement: (a) is in writing; (b) includes the name of the University and the staff member; (c) 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; (d) 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) 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; (e) states the day on which the arrangement commences; and (f) does not require that any one else approve, other than the staff member and the University. 29.5 The University must give the staff member a fully signed copy of the individual flexibility arrangement no later than 14 days after it has been fully signed and further at any later time upon request and reasonable notice of the staff member. 29.6 The staff member may terminate the individual flexibility arrangement by giving written notice to the University within three (3) working days after making the individual flexibility arrangement. 29.7 The University or the staff member may terminate the individual flexibility arrangement: (a) by giving 28 days written notice to the other party to the arrangement; or (b) if the University and the staff member agree in writing – at any time. 29.8 A staff member may be represented by the Union or other Representative of their choosing in negotiating an individual flexibility arrangement. Union officials and/or other representatives have a standing invitation by the University to access the workplace for the purposes of representing staff who have requested representation in relation to the negotiation of an individual flexibility arrangement. Such access shall include time to confer with the staff member(s), where necessary, to ensure the efficient negotiation of the arrangement.

Flexibility Agreement. ‌ 29.1 This clause constitutes 7.1. Notwithstanding any other provision of this Agreement, the flexibility term referred Club and an individual Employee may, after the Employee has commenced employment with the Club, agree to in section 202 vary the application of certain terms of this Agreement to meet the genuine individual needs of the Fair Work Act 2009Club and the individual Employee (Flexibility Agreement). 29.2 7.2. The University terms the Club and a staff member covered by this Agreement the individual Employee may agree to make an individual flexibility arrangement to vary the effect application of the terms of the agreement ifthis Agreement are those concerning: (a) the arrangement arrangements for when work is about a variation to clause 28 of this Agreement so that the staff member’s mode of employment changes from part-time to full-time, or at the request of the staff member from full-time to part-time for a specified periodperformed; (b) the arrangement meets the genuine needs of the University and the staff member in relation to the matter mentioned in paragraph (a)overtime rates; (c) the arrangement is genuinely agreed to by the University penalty rates (including clause 31); (d) allowances (including clause 20 and clause 32); and (e) annual leave loading. 7.3. The Club and the staff member, individual Employee must have genuinely made the Flexibility Agreement without coercion or duress; and (d) the arrangement does not disadvantage other staff members in the workplace in relation to their terms and conditions of employment. 29.3 7.4. The University must ensure that Flexibility Agreement between the terms of Club and the individual flexibility arrangementEmployee must: (a) be confined to a variation in the application of one or more of the terms listed in subclause 7.2; (b) contain terms that are about permitted matters under section 172 of the Fair Work Act 2009Act; (bc) are not contain unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the staff member being better off overall than the staff member would be if no arrangement was madeAct; and (d) are consistent with result in the University's responsibilities to provide a safe and healthy working environmentEmployee being better off overall at the time the Flexibility Agreement is made than the Employee would have been if no individual flexibility agreement had been agreed to. 29.4 7.5. The University must ensure that Flexibility Agreement between the Club and the individual flexibility arrangementEmployee must also: (a) is be in writing; (b) includes the , name each of the University parties, and the staff member; (c) is be signed by the University Club and the staff member and individual Employee (if the staff member Employee is under 18 years of age, signed by a the Employee’s parent or guardian of the staff memberguardian); (db) includes details of:state each term of this Agreement that the Club and the individual Employee have agreed to vary; (ic) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) detail how the arrangement Flexibility Agreement will vary the effect of the termsterms of this Agreement; (d) detail how the Flexibility Agreement results in the individual Employee being better off overall at the time the Flexibility Agreement is made than if the Flexibility Agreement had not been made; and (iii) 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; (e) states state the day on which date the arrangement commences; and (f) does not require that any one else approve, other than the staff member and the UniversityFlexibility Agreement commences to operate. 29.5 7.6. The University Club must give the staff member individual Employee a fully signed copy of the individual flexibility arrangement no later than Flexibility Agreement within 14 days after it has been fully signed is agreed to and further at any later retain the Flexibility Agreement as a time upon request and reasonable notice of the staff memberwages record. 29.6 The staff member may terminate 7.7. Except as provided in subclause 7.5(a), the Flexibility Agreement does not require the approval or consent of a person other than the Club and the individual flexibility arrangement by giving Employee. 7.8. If the Club is seeking to enter into a Flexibility Agreement, the Club must provide a written notice proposal to the University within three Employee. Where the Club is aware that the Employee has, or should reasonably be aware, the Employee may have limited understanding of written English, the Club will take measures (3including translation into an appropriate language) working days after making to ensure the individual flexibility arrangementEmployee understands the proposal. 29.7 The University or the staff member 7.9. A Flexibility Agreement may terminate the individual flexibility arrangementbe terminated: (a) by the Club or the individual Employee giving 28 days written days’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the arrangementend of the notice period; or (b) if the University and the staff member agree in writing – at any time, by written agreement between the Club and the individual Employee. 29.8 A staff member may be represented by the Union or other Representative of their choosing in negotiating an individual flexibility arrangement. Union officials and/or other representatives have a standing invitation by the University to access the workplace for the purposes of representing staff who have requested representation in relation to the negotiation of an individual flexibility arrangement. Such access shall include time to confer with the staff member(s), where necessary, to ensure the efficient negotiation of the arrangement.