Conclusion of Fixed-term Appointments

• Introduction
• Definitions
• Notice of Intention
• Severance Pay
• Calculation of Continuous Service
• Termination Payments due on Contract Conclusion
• Adjustment of Salary Following Termination
• Return of University Property
• Procedures

Introduction

1. The following provisions apply when an employee's fixed-term contract of employment concludes and the period of their employment is governed by the Southern Cross University Enterprise Agreement 2010.

2. Where an employee's fixed-term contract commenced under the Southern Cross University Enterprise Bargaining Agreement 2005 and expires under the Southern Cross University Enterprise Agreement 2010, they are entitled to the benefit of any severance payment specified in the 2005 Agreement and in the circumstances prescribed by that Agreement.

3. Entitlements for employees governed by other industrial instruments may differ from these provisions.

Definitions

4. 'Fixed-term employment' refers to where an employee is engaged on a work activity described by one or more of the following circumstances:

• Specific Task or Project
• Research
• Replacement Employee
• Secondee
• Recent professional practice required
• Pre-retirement contract
• Apprentice
• Teaching Fellowship
• Early Career Development Fellowships
• New organisational area
• Disestablished organisational area

5. Each of the above circumstances are fully explained in the University's current Enterprise Agreement (links are provided to the relevant section of the Agreement) and are specified in a fixed-term employee's contract of employment.

6. During the term of employment the contract cannot be terminated, by the University, other than during a probationary period, or because of unsatisfactory performance or for serious or wilful misconduct.

Notice of Intention

7. The University will provide a fixed-term employee with four weeks written notice of its intention to renew, or not to renew, employment when their contract expires, unless they were employed:

• To replace another employee who was on authorised leave; or
• Replace another employee whose position is vacant due to a temporary employment variation; or
• On a pre-retirement contract; or
• In connection with a Teaching Fellowship, or
• In connection with an Early Career Development Fellowship.

8. Where an employee's fixed-term contract of employment specifies an entitlement to more than four week's notice, the greater notice period will apply.

9. Employees who are over the age of 45 years at the time notice is given and have not less than two years continuous service are entitled to an additional week's notice.

10. Where the University is not reasonably able to give the notice required in paragraphs 7, 8 and 9 because of circumstances relating to the provision of specific funding to support employment external to the University and beyond its control, the University will:

• Advise those circumstances to the employee in writing at the latest time at which the notice would otherwise be required to be given; and
• Give notice to the employee at the earliest practicable date thereafter.

Severance Pay

11. If the University has decided not to offer a further fixed-term contract to an employee who was employed for the purposes of Research or for a Specific Task or Project, the University will pay to the employee a severance payment calculated in accordance with paragraph 12, provided that the employee:

• is employed on a second or subsequent fixed-term contract to do work required for the circumstances described in clauses 30 and 31 of the current Enterprise Agreement and the same or substantially similar duties are no longer required by the employer; or
• is employed on a fixed term contract to do work required for the circumstances described in clauses 30 and 31 of the current Enterprise Agreement and the duties of the kind performed in relation to work continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.

12. Severance payments are:

* 'weeks pay' means the ordinary time rate of pay for the employee concerned.

13. If the University offers further employment to an employee otherwise entitled to severance payment, and that employee refuses the offer of employment, then that employee is not entitled to severance payment.

14. Where the University advises an employee in writing that further employment may be offered within six weeks of the expiry of a period of fixed-term employment, the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixed-term employment.

15. An employee whose fixed-term contract commenced under the Southern Cross University Enterprise Bargaining Agreement 2005 and expires under the Southern Cross University Enterprise Agreement 2010, is entitled to the benefit of any severance payment specified in the 2005 Agreement and in the circumstances prescribed by that Agreement.

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Calculation of Continuous Service

16. Breaks between fixed-term appointments of up to two times per year and of up to six weeks do not constitute breaks in continuous service.

17. Breaks in service between one teaching session and the next will not constitute breaks in continuous service.

18. Periods of approved unpaid leave will not count for service, but will not constitute breaks in service.

Termination Payments due on Contract Conclusion

19. Termination payments will be paid at the rate of the employee's substantive salary at the date the contract concludes. However, where employees have been receiving salary allowances (excluding overtime and allowances such as first aid, shift penalties and allowances in lieu of shift penalties) for 12 months or more immediately prior to the conclusion of the contract, termination payments will be paid at the rate of the substantive salary plus the salary allowance.

20. Employees are eligible for the following payments on cessation:

• Annual leave - accrued annual leave up to a maximum of eight weeks.
• Annual Leave loading - a pro-rata annual leave loading, calculated on the basis of working days of service from the preceding 1st January (or commencement date, whichever is the later) to the date of cessation.
• Long service leave (LSL) -accrued LSL.
• Severance payments in accordance with paragraphs 11 and 12.

Adjustment of Salary Following Termination

21. Employees who were employed after the date of effect of a salary increase but who had left the service of the University prior to the increase being ratified must request payment of the increase by writing to the Payroll Team.

Return of University Property

22. Employees are required to return all University property (eg. keys, staff card, charge cards, store items, tools and equipment) in their possession prior to the end of their contract. Any outstanding library items should also be returned prior to the employee's last day of service.

Procedures

23. At least two months before an employee's fixed-term contract expires, HR Services will advise the Head of Work Unit and request confirmation of the University's intention to renew or not to renew the employee's contract.

24. The work unit will inform the employee of the University's intention to renew or not renew their employment.

25. Where severance payments are applicable, the employee will be advised of payment details in a formal notice from HR Services. A copy of this advice will be sent to the appropriate Head of Work Unit for their information.

26. If the employee is to cease duty, a clearance report will be emailed to the work unit for completion.

27. After completion by the work unit, the clearance report will be returned to HR Services for actioning and on forwarding to the Library and to Technology Services for email and computer access to be deleted.

28. A completed clearance report is an audit requirement for all staff ceasing employment with the University. The completed form is filed on the employee's file.

Updated: 01 November 2012