Common use of FLEXIBILITY TERM Clause in Contracts

FLEXIBILITY TERM. The head of service and an individual employee may agree to vary the application of certain provisions of this Agreement to meet the particular needs of a business unit in the ACTPS and of the individual employee (an individual flexibility arrangement). The head of service and an individual employee may agree to vary, through an individual flexibility arrangement, any of the following provisions of this Agreement: Vacation childcare subsidy (clause 510 -) Family care costs (clause 511 -) Emergency duty (clause 316 -). The head of service must ensure that the terms of an individual flexibility arrangement meet all of the following: They would be permitted if the arrangement were an enterprise agreement. They do not include a term that would be an unlawful term if the arrangement were an enterprise agreement. They will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. The head of service must ensure that the individual flexibility arrangement meets all of the following: It identifies the clause in A8.2 of this Agreement that the head of service and the employee have agreed to vary. It sets out details of how the arrangement will vary the effect of the clause. It includes details of how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement. It states the day the arrangement commences. An individual flexibility arrangement made under this clause must be genuinely agreed to by the head of service and the individual employee. Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this clause must not include a provision that requires the individual flexibility arrangement to be approved, or consented to, by another person. The head of service must ensure that an individual flexibility arrangement made under this clause is made in writing and signed by the following: In all cases - by the employee and the head of service. If the employee is under 18 – by a parent or guardian of the employee. The head of service must give the employee a copy of an individual flexibility arrangement made under this clause within 14 days after it is agreed to. The head of service or the employee may terminate the individual flexibility arrangement by doing either of the following: Giving written notice of no more than 28 days to the other party to the arrangement. Both parties agree in writing – at any time. The right to make an individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, the right of the head of service and an individual employee to make an agreement under any other provision of this Agreement.

FLEXIBILITY TERM. The head of service and an individual employee may agree to vary the application of certain provisions of this Agreement to meet the particular needs of a business unit in the ACTPS and of the individual employee (an individual flexibility arrangement). The provisions of this Agreement that the head of service and an individual employee may agree to vary, vary through an individual flexibility arrangement, any of the following provisions of this Agreementarrangement are: Vacation vacation childcare subsidy (clause 510 E10 -) Family ); family care costs (clause 511 E11 -) Emergency ); and emergency duty (clause 316 C16 -). The head of service must ensure that the terms of an the individual flexibility arrangement meet all of the followingarrangement: They are about matters that would be permitted if the arrangement were an enterprise agreement. They do ; does not include a term that would be an unlawful term if the arrangement were an enterprise agreement. They ; and will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. The head of service must ensure that the individual flexibility arrangement meets all of the followingarrangement: It identifies the clause in A8.2 of this Agreement that the head of service and the employee have agreed to vary. It ; sets out details of how the arrangement will vary the effect of the clause. It ; includes details of how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement. It ; and states the day the arrangement commences. An individual flexibility arrangement made under this clause must be genuinely agreed to by the head of service and the individual employee. Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this clause must not include a provision that requires the individual flexibility arrangement to be approved, or consented to, by another person. The head of service must ensure that an individual flexibility arrangement made under this clause is made must be in writing and signed by the followingsigned: In in all cases - by the employee and the head of service. If ; and if the employee is under 18 eighteen – by a parent or guardian of the employee. The head of service must give the employee a copy of an individual flexibility arrangement made under this clause within 14 fourteen days after it is agreed to. The head of service or the employee may terminate the individual flexibility arrangement arrangement: by doing either of the following: Giving giving written notice of no more than 28 twenty eight days to the other party to the arrangement. Both parties ; or if the head of service and the employee agree in writing – at any time. The right to make an individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, the right of the head of service and an individual employee to make an agreement under any other provision of this Agreement. A9 -Work Organisation An employee agrees to carry out all lawful and reasonable directions of the head of service according to the requirements of the work and the employee’s skill, experience and competence, in accordance with this Agreement, and without deskilling the employee. An employee will not, unless this is done in the course of the employee’s duties or as required by law or by the ACTPS, use or disclose to any person any confidential information about the ACTPS’s business that becomes known to the employee during the employee’s employment. The ACTPS will not reveal to any person any medical, financial or personal details of the employee that the ACTPS may have obtained, except with the permission of the employee or where the ACTPS is under a legal obligation to do so. Subject to subclauses A9.5 to A9.8 and limited to new employees of the ACTPS whose employment with the ACTPS commences on or after the commencement of this Agreement (new employee), the ACTPS will provide details of the new employee’s employment to the relevant Union(s) (irrespective of whether the employee has elected to become a member of the Union). The details of the new employee’s employment which the ACTPS may provide to a relevant Union is limited to the new employee’s first name and surname, the ACT Government contact information for the new employee (email address and contact phone number), and the position and Directorate in which the new employee is engaged. The ACTPS will not provide the information to the Union(s) until at least twenty-one (21) days after the new employee has commenced employment. Sublause A9.4 does not apply if the head of service has received written notification from the new employee, either prior to their commencement of employment, or within fourteen (14) days after their commencement, that he or she does not consent to the information specified in subclause A9.5 being shared with the relevant Union(s). Each of the Unions referred to in subclause A3.2 who wish to receive the information referred to in subclause A9.5 must advise the ACTPS of the classifications covered by this Agreement which, in accordance with its rules, the Union is entitled to represent. Upon receipt of that advice from the Unions, the ACTPS will compile a schedule and provide it to the Unions (Union Representation Schedule). The ACTPS will only provide new employee information to the relevant Union(s) under clause A9.4 in accordance with the Union Representation Schedule and will do so on a monthly basis. A10 -Termination of Agreement The ACTPS and the union(s) covered by this Agreement agree that the maintenance of, and adherence to, agreed terms and conditions of employment is a key component of good workplace relations and a dispute free workplace. They therefore agree that they will not exercise their right to terminate this Agreement under the FW Act. Section BWorking in the ACT Public Sector B1 -Types of Employment A person will be engaged under the PSM Act in one of the following categories: permanent employment as an officer on a full-time or permanent part-time basis, including appointment with or without probation; or short term temporary employment for a period not exceeding twelve months on a full-time or part-time basis, engaged for a specified period of time or for a specified task or as an apprentice, trainee; or cadet; or long term temporary employment for a period greater than twelve months but not exceeding five years on a full-time or part-time basis, engaged for a specified period of time or for a specified task or as an apprentice, seasonal employee, trainee, or cadet; or casual temporary employment. Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and conditions to those of full time employees unless specifically stated elsewhere in this Agreement. Fixed-term employment for seasonal employees Seasonal employees employed under subclause B1.1.3 may be employed for a three year period on a temporary basis under which they work for certain periods during consecutive seasons (the “active employment periods”). Prior to the end of the three year contract the head of service may offer the seasonal employee a further two year contract without the need for the position to be advertised. The active employment period will be specified in the contract and fixed for the contract term, and will be no less than 22 weeks per 12 month period. The start and end dates of each active employment period will be specified in the contract. In respect of the active employment periods, seasonal employees will, unless otherwise specified, be entitled to the same benefits as employees working throughout the year, calculated on a pro rata basis. Notwithstanding any other provision of this Agreement, outside the active employment periods (other than during periods of paid annual leave) seasonal employees will be regarded as being on unpaid leave and they will not accrue leave or any other entitlements under this Agreement while on unpaid leave. The start and end dates of the active employment period as specified in the contract may be varied by agreement between the head of service and the employee, provided that this will not shorten the active employment period. The active employment period can be extended up to 12 months in any contract year with agreement between the head of service and the employee. Notwithstanding subclause B1.4 if there is a demonstrated need for a shorter active employment period for a particular type of seasonal employees, the head of service may determine that a shorter minimum active employment period will apply for that particular group of employees, provided the minimum period will be no less than 16 weeks. A seasonal employee will not be required to obtain prior permission for secondary employment in periods outside the active employment period, provided that there is no conflict of interest. B2 -Review of Employment Status In order to promote permanent employment and job security for employees in the ACTPS, temporary and non-ongoing employees, as well as eligible casual employees who have been engaged on a regular and systematic basis for at least twelve months and who have a reasonable expectation that such arrangements will continue, may, by application in writing to their manager/supervisor, request an examination of their employment status. Having considered the request the manager/supervisor will respond in writing, giving reasons, within a six week timeframe. To avoid doubt, decisions stemming from such reviews will be subject to the application of selection and appointment processes applying in the ACTPS. These processes include the application of the merit principle and the application of a probation period on appointment. These processes are also subject to there being no excess officers who would be eligible for redeployment to the office.

FLEXIBILITY TERM. The head of service and an individual employee may agree to vary the application of certain provisions of this Agreement to meet the particular needs of a business unit in the ACTPS and of the individual employee (an individual flexibility arrangement). The provisions of this Agreement that the head of service and an individual employee may agree to vary, vary through an individual flexibility arrangement, any of the following provisions of this Agreementarrangement are: Vacation vacation childcare subsidy (clause 510 E10 -) Family ); family care costs (clause 511 E11 -) Emergency ); and emergency duty (clause 316 C16 -). The head of service must ensure that the terms of an the individual flexibility arrangement meet all of the followingarrangement: They are about matters that would be permitted if the arrangement were an enterprise agreement. They do ; does not include a term that would be an unlawful term if the arrangement were an enterprise agreement. They ; and will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. The head of service must ensure that the individual flexibility arrangement meets all of the followingarrangement: It identifies the clause in A8.2 of this Agreement that the head of service and the employee have agreed to vary. It ; sets out details of how the arrangement will vary the effect of the clause. It ; includes details of how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement. It ; and states the day the arrangement commences. An individual flexibility arrangement made under this clause must be genuinely agreed to by the head of service and the individual employee. Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this clause must not include a provision that requires the individual flexibility arrangement to be approved, or consented to, by another person. The head of service must ensure that an individual flexibility arrangement made under this clause is made must be in writing and signed by the followingsigned: In in all cases - by the employee and the head of service. If ; and if the employee is under 18 eighteen – by a parent or guardian of the employee. The head of service must give the employee a copy of an individual flexibility arrangement made under this clause within 14 fourteen days after it is agreed to. The head of service or the employee may terminate the individual flexibility arrangement arrangement: by doing either of the following: Giving giving written notice of no more than 28 twenty-eight days to the other party to the arrangement. Both parties ; or if the head of service and the employee agree in writing – at any time. The right to make an individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, the right of the head of service and an individual employee to make an agreement under any other provision of this Agreement.

FLEXIBILITY TERM. The head of service and an individual employee may agree to vary the application of certain provisions of this Agreement to meet the particular needs of a business unit in the ACTPS and of the individual employee (an individual flexibility arrangement). The provisions of this Agreement that the head of service and an individual employee may agree to vary, vary through an individual flexibility arrangement, any of the following provisions of this Agreementarrangement are: Vacation vacation childcare subsidy (clause 510 -) Family E10); family care costs (clause 511 -) Emergency duty (clause 316 -E11); and this subclause is not relevant to the Common Terms and Conditions for employees covered by this Agreement. The head of service must ensure that the terms of an the individual flexibility arrangement meet all of the followingarrangement: They are about matters that would be permitted if the arrangement were an enterprise agreement. They do ; does not include a term that would be an unlawful term if the arrangement were an enterprise agreement. They ; and will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. The head of service must ensure that the individual flexibility arrangement meets all of the followingarrangement: It identifies the clause in A8.2 of this Agreement that the head of service and the employee have agreed to vary. It ; sets out details of how the arrangement will vary the effect of the clause. It ; includes details of how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement. It ; and states the day the arrangement commences. An individual flexibility arrangement made under this clause must be genuinely agreed to by the head of service and the individual employee. Except as provided in paragraph A8.7.2, an individual flexibility arrangement made under this clause must not include a provision that requires the individual flexibility arrangement to be approved, or consented to, by another person. The head of service must ensure that an individual flexibility arrangement made under this clause is made must be in writing and signed by the followingsigned: In in all cases - by the employee and the head of service. If ; and if the employee is under 18 eighteen – by a parent or guardian of the employee. The head of service must give the employee a copy of an individual flexibility arrangement made under this clause within 14 fourteen days after it is agreed to. The head of service or the employee may terminate the individual flexibility arrangement arrangement: by doing either of the following: Giving giving written notice of no more than 28 twenty eight days to the other party to the arrangement. Both parties ; or if the head of service and the employee agree in writing – at any time. The right to make an individual flexibility arrangement under this clause is in addition to, and is not intended to otherwise affect, the right of the head of service and an individual employee to make an agreement under any other provision of this Agreement. A9 -Work Organisation An employee agrees to carry out all lawful and reasonable directions of the head of service according to the requirements of the work and the employee’s skill, experience and competence, in accordance with this Agreement, and without deskilling the employee. An employee will not, unless this is done in the course of the employee’s duties or as required by law or by the ACTPS, use or disclose to any person any confidential information about the ACTPS’s business that becomes known to the employee during the employee’s employment. The ACTPS will not reveal to any person any medical, financial or personal details of the employee that the ACTPS may have obtained, except with the permission of the employee or where the ACTPS is under a legal obligation to do so. Subject to subclauses A9.5 to A9.8 and limited to new employees of the ACTPS whose employment with the ACTPS commences on or after the commencement of this Agreement (new employee),the ACTPS will provide details of the new employee’s employment to the relevant Union(s) (irrespective of whether the employee has elected to become a member of the Union). The details of the new employee’s employment which the ACTPS may provide to a relevant Union is limited to the new employee’s first name and surname, the ACT Government contact information for the new employee (email address and contact phone number), and the position and Directorate in which the new employee is engaged. The ACTPS will not provide the information to Union(s) until at least twenty-one (21) days after the new employee has commenced employment. Sublause A9.4 does not apply if the head of service has received written notification from the new employee, either prior to their commencement of employment, or within fourteen (14) days after their commencement, that he or she does not consent to the information specified in subclause A9.5 being shared with the relevant Union(s). Each of the Unions referred to in subclause A3.2 who wish to receive the information referred to in subclause A9.5 must advise the ACTPS of the classifications covered by this Agreement which, in accordance with its rules, the Union is entitled to represent. Upon receipt of that advice from the AEU, the ACTPS will compile a schedule and provide it to the Unions (Union Representation Schedule). The ACTPS will only provide new employee information to the relevant Union(s) under clause A9.4 in accordance with the AEU Representation Schedule and will do so on a monthly basis. A10 -Termination of Agreement The ACTPS and the AEU covered by this Agreement agree that the maintenance of, and adherence to, agreed terms and conditions of employment is a key component of good workplace relations and a dispute free workplace. They therefore agree that they will not exercise their right to terminate this Agreement under the FW Act. Section BWorking in the ACT Public Sector B1 -Types of Employment A person will be engaged under the PSM Act in one of the following categories: permanent employment as an officer on a full-time or permanent part-time basis, including appointment with or without probation; or short term temporary employment for a period not exceeding twelve months on a full-time or part-time basis, engaged for a specified period of time or for a specified task or as an apprentice, trainee; or cadet; or long term temporary employment for a period greater than twelve months but not exceeding five years on a full-time or part-time basis, engaged for a specified period of time or for a specified task or as an apprentice, seasonal employee, trainee, or cadet; or casual temporary employment. Persons engaged on a part-time basis will receive, on a proportionate basis, equivalent pay and conditions to those of full time employees unless specifically stated elsewhere in this Agreement. B2 -Review of Employment Status In order to promote permanent employment and job security for employees in the ACTPS, temporary and non-ongoing employees, as well as eligible casual employees who have been engaged on a regular and systematic basis for at least twelve months and who have a reasonable expectation that such arrangements will continue, may, by application in writing to their manager/supervisor, request an examination of their employment status. Having considered the request the manager/supervisor will respond in writing, giving reasons, within a six week timeframe. To avoid doubt, decisions stemming from such reviews will be subject to the application of selection and appointment processes applying in the ACTPS. These processes include the application of the merit principle and the application of a probation period on appointment. These processes are also subject to there being no excess officers who would be eligible for redeployment to the office.