RMIT University Academic and Professional Staff Enterprise Agreement 2014


9. Workplace flexibility arrangements

9.1

This clause constitutes the flexibility term referred to in section 202 of the Fair Work Act 2009.

9.2

An employee and the University may agree to make an individual flexibility arrangement to vary the effect of terms of this agreement which will be confined to one or more of the following matters:

(a) Allowing for the ordinary hours, Monday to Friday, of the employee to fall outside the span of hours in clause 63, with the provisions of clause 67 not to apply, provided that:

(i) the flexibility arrangement specifies alternative ordinary hours of work for that employee

(ii) any reference to "ordinary hours" in clause 64 will be taken to be a reference to the "ordinary hours" specified in the Flexibility Agreement

(iii) Clause 64 applies to the employee’s ordinary hours as redefined.

9.3

The University must ensure that:

(a) the arrangement meets the genuine needs of the University and the employee in relation to one or more of the matters mentioned in clause 9.2.

(b) the arrangement is genuinely agreed to by RMIT and the employee.

(c) agreement to a flexibility arrangement may not be a precondition for employment, reclassification or promotion.

(d) the employee is advised that they are entitled to have a representative negotiate a flexibility arrangement on their behalf, providing that there is no requirement for the consent of a third party to the arrangement as specified in section 203(5) of the Fair Work Act 2009.

(e) the employee and their representative must have at least three working days to consider the proposal.

(f) the employee is provided with a copy of the written agreement and a copy of that agreement is retained as a time and wages record.

9.4

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; and

(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and

(c) result in the employee being better off overall than the employee would be if no arrangement was made.

9.5

The University must ensure that the individual flexibility arrangement:

(a) is provided in writing to the employee within 14 days after it is agreed; and

(b) includes the name of RMIT and of the employee; and

(c) is signed by RMIT and the employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

(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 employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and

(e) states the day on which the arrangement commences.

9.6

The University or the employee may terminate the agreement:

(a) by giving no more than 13 weeks written notice of termination to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the University and the individual employee.

9.7

The University will report annually to the Agreement Implementation Monitoring Committee the number and type of flexibility arrangements that are made in accordance with this clause, together with the classification level and gender of the applicants.

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