In today’s fast-paced and ever-evolving educational landscape, flexible work arrangements are becoming increasingly important. Recognising this, the Victorian Government Schools Agreement 2022 has introduced provisions that promote such flexibility, ultimately aiming to foster a diverse, adaptive, and high-performing workforce. This article will provide an overview of these provisions to help teachers understand how they can benefit from them.
Understanding Flexible Work Arrangements
Flexible work arrangements, as outlined in the agreement, require a mutual understanding and shared responsibility between the employer and the employee to be successful. It’s a ‘give and take’ process that aims to meet the genuine needs of both parties.
Individual Flexibility Arrangement
An integral part of this flexibility is the provision for an Individual Flexibility Arrangement (IFA). Under this provision, an employee and the employer can agree to vary the terms of the agreement to better meet their needs. Importantly, any IFA must be genuinely agreed to by both the employee and the employer.
The terms of an IFA must:
- Be about permitted matters under section 172 of the Fair Work Act 2009 (Cth);
- Not include unlawful terms under section 194 of the Fair Work Act 2009 (Cth);
- Result in the employee being better off overall than they would be without the arrangement.
Documentation and Agreement
It’s mandatory for any IFA to be in writing, including the names of the employer and employee. If the employee is under 18, the IFA also needs to be signed by a parent or guardian. The IFA should detail the terms to be varied, how they will be varied, and how the employee will benefit from these changes. It must also specify the commencement date.
The employer is obliged to provide the employee with a copy of the IFA within 14 days of agreement.
Termination of the Agreement
Both the employer and employee have the right to terminate an IFA. This can be done by providing no more than 28 days’ written notice, or at any time if both parties agree in writing.
Terms That Can Be Varied
The terms that can be varied under an IFA include arrangements about when work is performed, overtime rates, penalty rates, allowances, and leave loading.
Frequently Asked Questions
1. What is an Individual Flexibility Arrangement (IFA)?
An IFA is an agreement between an employee and their employer to vary the terms of the standard agreement to better meet their mutual needs.
2. What terms can be varied under an IFA?
The terms that can be varied include arrangements about when work is performed, overtime rates, penalty rates, allowances, and leave loading.
3. How is an IFA terminated?
An IFA can be terminated by either the employer or the employee by providing no more than 28 days’ written notice. Alternatively, it can be terminated at any time if both parties agree in writing.
4. Is it mandatory for the IFA to be in writing?
Yes, the IFA must be in writing and include specific details like the terms to be varied, how they will be varied, and how the employee will benefit from these changes.
5. Who can sign an IFA?
The IFA needs to be signed by the employer and employee. If the employee is under 18, it also needs to be signed by a parent or guardian.
