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Trades And Services Staff – Building And Metal Trades Staff 2009 Contact
 
Monash University
Monash University Enterprise Agreement (Trades and Services Staff – Building and Metal Trades Staff) 2009
Part 2 – Conditions Of Employment
Section 2 – University and Staff Members’ Duties, Employment Relationship and Related Arrangements

19. Individual Flexibility Arrangements

19.1 This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act 2009 (Cth) (the "Act").

19.2 A staff member and the University may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement, which will deal with one or more of the following matters:

  1. Structuring a pattern of working hours to enable 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, varying the arrangements contained in clauses 15,17,18, 23, and 29 as and when applicable.
  2. Accelerated leave arrangements for the taking of excess annual leave balances (in excess of 60 days) to bring the balance to not less than 30 days. An accelerated leave arrangement is only available once in the life of the Agreement for each individual staff member, and such accelerated leave may be accessed at no higher rate than double pay. To this extent only, this varies the provisions of clause 1.3 of Schedule 6.
  3. Additional unpaid parental leave or unpaid carer's leave, varying clause 3 of Schedule 6 and clause 5 of Schedule 6 and paragraphs (b), (l), (m) and (n) of Schedule 3 as and when applicable in relation to the availability of such unpaid leave.
  4. Allowing for different dates to be agreed between the University and the staff member for the taking of annual leave which is otherwise rostered and deemed in accordance with clause 1.3 of Schedule 6 of this Agreement.

19.3 The University will ensure that:

  1. the arrangement meets the genuine needs of the University and staff member in relation to one or more of the matters mentioned in clause 19.2; and
  2. the arrangement is genuinely agreed to by the University and staff member.
  3. agreement to a flexibility arrangement may not be a precondition for reclassification, promotion or employment (except for seasonal staff engagements under clause 19.2(a)).
  4. the staff member is advised that he/she is entitled to have a Representative negotiate a flexibility arrangement on the staff member's behalf, providing that the arrangement does not require the consent of a third party as specified in section 203(5) of the Act.
  5. the staff member and his/her Representative (if any) must have at least three (3) working days to consider the proposal if initiated by the University.

19.4 The University will ensure that the terms of the individual flexibility arrangement:

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

19.5 The University will ensure that the individual flexibility arrangement:

  1. is in writing; and
  2. includes the name of the University and the staff member; and
  3. is signed by the University and 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 the 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 his or her employment as a result of the arrangement; and
  5. states the day on which the arrangement commences.

19.6 The University will give the staff member a copy of the individual flexibility arrangement within 14 days after it is agreed to and keep the agreement as a time and wages record which will be an adjunct to the University's other established record keeping processes.

19.7 The University or staff member may terminate the individual flexibility arrangement:

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

19.8 The right to make an agreement pursuant to this clause is in addition to and is not intended to otherwise affect, any provision for an agreement between the University and an individual staff member contained in any other term of this Agreement.