Southern Cross University Enterprise Agreement 2016 (17)




586 The University and any employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this agreement as detailed below.
587 Employees may choose to defer a percentage of their salary over a specified period of time and be paid that deferred salary during a specified period of leave. Unless otherwise approved, the period of deferred salary leave would be proportionate to the percentage of total salary that was deferred and the period over which it was deferred.
588 The University must ensure that the individual flexibility arrangement:
a) is in writing;
b) includes the name of the University and the employee;
c) is signed by the University and the employee and, if the employee is under 18 years of age, is signed by a parent or guardian of the employee; and
d) includes details of the terms of this Agreement that will be varied by the arrangement and how they will be varied; and
e) how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and
f) states the day on which the arrangement commences.
589 The University must ensure that the terms of any 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;
c) result in the employee being better off overall than he or she would be if no arrangement was made.
590 The University must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
591 The University or employee may terminate the individual flexibility arrangement:
a) by giving no more than 28 days written notice to the other party to the arrangement; or
b) if the employer and employee agree in writing, at any time.