PART 3 - EMPLOYMENT |
| | CONTRACT OF EMPLOYMENT |
| 18 | The purpose of this Clause is to provide definition to the various types of employment used at the University, to ensure that employees are aware of the type of employment on which they are engaged and the conditions that pertain to each type of employment. The University is committed to ensuring that employees are engaged on the appropriate type of employment relevant to the work being performed and the circumstances in which the employment opportunity arises. |
| 19 | With the approval of the relevant executive member, general staff may accept a casual academic appointment. Approved arrangements will consider whether an employee's substantive hours may need to be reduced if the academic work cannot be completed outside the employee's substantive hours of work. |
| | Full-time employment |
| 20 | 'Full-time employment' means all employment other than 'fixed-term', 'part-time', or 'casual'. Full-time employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract. |
| | Part-time employment |
| 21 | 'Part-time employment' means employment for less than the normal weekly ordinary hours specified for a full-time employee, for which all award entitlements are paid on a pro-rata basis calculated by reference to the time worked. Part-time employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract. |
| | Fixed-term Employment |
| 22 | 'Fixed-term employment' means employment for a specified term or ascertainable period. The contract for this employment will specify the starting and finishing dates of that employment, (or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of the employment will expire), and for which, during the term of employment, the contract is not terminable, by the University, other than during a probationary period, or for cause based upon unsatisfactory performance as per clauses 225-245 or for serious or wilful misconduct as per clauses 281-311. |
| 23 | Fixed-term employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract. |
| 24 | Any second or subsequent fixed-term contract for the same position will not contain a probationary period. |
| | Casual employment |
| 25 | 'Casual employment' will mean a person engaged by the hour and paid on an hourly basis that includes a loading related to benefits for which a casual employee is not eligible. |
| 26 | | Further provisions for casual employment are at: | | a) | Clauses 313-349, Casual Academic Rates and Definitions | | b) | Clauses 394-408, Casual General Staff |
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| | Requirement to state terms of engagement |
| 27 | Upon engagement, the employer will provide to the employee an instrument of appointment which stipulates the type of employment and informs the employee of the terms of engagement at the time of the appointment in relation to: |
| | a) | for employees other than casual employees, the classification level and salary of the employee on commencement of the employment, the hours and the fraction of full-time hours to be worked, and a position description for appointments of six months or more, or a duty statement for appointments up to six months; | | b) | for a fixed-term employee the circumstance(s) by reference to which the use of a fixed-term contract for the type of employment has been decided for that employment; | | c) | for casual employees, the duties to be performed, the maximum number of hours required, the rate of pay for each classification of duty required and a statement that any additional duties required and approved by the Head of Work Unit during the term of the contract will be paid for; | | d) | for any employee subject to probationary employment, the length and terms of the probation; | | e) | other main conditions of employment including the reporting relationships to apply upon appointment. |
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| | Fixed-term Appointments |
| 28 | During the life of the Agreement, the University will monitor the use of fixed-term employment to ensure the appropriate application of this type of employment as prescribed below. |
| 29 | The use of 'fixed-term employment' will be limited to the employment of an employee engaged on work activity described by one or more of the following circumstances: |
| | Fixed-term employment for a specific task or project |
| 30 | Specific Task or Project will mean: |
| | a) | a definable work activity that has a start date and is expected to be completed within a given timeframe; or | | b) | a period of employment provided for from funds external to the University , that is, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students; or | | c) | employment of recent University graduates up to a maximum period of 12 months. |
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| | Research |
| 31 | 'Research' means work activity by a person engaged to undertake research for a contract period not exceeding five years. |
| | Replacement Employee |
| 32 | 'Replacement Employee' means an employee: |
| | a) | undertaking work activity replacing a full-time or part-time employee for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded away from their usual work area; or | | b) | performing the duties of:- a vacant position for which the employer has made a definite decision to fill and has commenced recruitment action; or
- a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the employer and in progress for that vacant higher duties position.
until a full-time or part-time employee is engaged for the vacant position or vacant higher duties position as applicable. |
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| | Secondee |
| 33 | The University may offer fixed-term employment to a secondee from another employer. |
| | Recent professional practice required |
| 34 | Where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged for a fixed period not exceeding two years. |
| | Pre-retirement contract |
| 35 | When an employee declares an intention to retire, a fixed-term contract for a period of up to three years may be offered. |
| | Apprentice |
| 36 | The University may offer fixed-term employment in conjunction with an approved apprenticeship scheme. |
| | Teaching Fellowship |
| 37 | Where a person is enrolled as a student of the University, or who will enrol within a reasonable period of time, the University may offer a fixed-term Teaching Fellowship provided that: |
| | a) | such fixed-term employment will be for a period that does not extend beyond the academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and | | b) | the work activity is not within the description of another circumstance within this Clause; and | | c) | the employment is within the student's academic unit or an associated unit of the academic unit and is generally related to the degree course the student is undertaking; and | | d) | employment under this subclause will not exceed a total period of five years and the fraction to be worked will not exceed 60% of an academic staff member's allocation of teaching load when averaged across any calendar year provided the employment does not contravene the terms of the student's funding or scholarship; and | | e) | an offer of fixed-term employment under this paragraph will not be made on the condition that the person offered the employment undertake the studentship. |
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| | Early Career Development Fellowships |
| 38 | During the term of this Agreement, the University will advertise opportunities for existing casual academic employees to apply for Early Career Development Fellowships (ECDFs). |
| 39 | An ECDF will be a standard teaching and research academic fixed-term contract of two years duration. |
| 40 | Eligibility to apply for ECDFs will be restricted to casual academic employees who have as a minimum been awarded a PhD and performed casual teaching work for the University in three entire teaching sessions over the preceding two years. |
| 41 | Successful candidates for ECDFs will be selected from eligible applicants on academic merit. The University reserves the right not to make an appointment. |
| | New organisational area |
| 42 | Fixed-term employment may be offered in the case of employment in a new organisational area, about which there is genuine uncertainty of continuing operation for up to three years prior to or from the establishment of any such area. |
| 43 | For the purpose of this subclause a new organisational area shall mean positions established: |
| | a) | in relation to a new organisational area, discipline or sub-discipline area of academic work not previously offered; or | | b) | as a result of a demonstrated sudden and unanticipated increase in student enrolments; or | | c) | as a result of an academic function organised in either a new geographical location, distant from existing campuses where that function is offered or organised distinctly from existing schools or centres, and not created from the merger or division of or movement of work from the existing unit(s). |
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| 44 | At the expiry of the fixed-term employment period and subject to the necessity of ongoing work, continued funding and satisfactory performance of the employee since appointment, the University may offer conversion to continuing employment as determined by the relevant delegated officer in accordance with clause 64 and University policy. |
| | Disestablished organisational area |
| 45 | Where an organisational work area has been the subject of a decision by the University to discontinue that work within three years, fixed-term employment may be offered. |
| 46 | At the expiry of the fixed-term employment period, should the decision to discontinue the work be reversed, and subject to the necessity of ongoing work, continued funding and satisfactory performance of the employee since appointment, the University may offer conversion to continuing employment as determined by the relevant delegated officer in accordance with clause 64 and University policy. |
| | Incremental advancement |
| 47 | Without diminishing any entitlement under a fixed-term employee's contract of employment, a fixed-term employee, other than an apprentice, will be entitled to progress through an incremental salary structure in the same way as an employee engaged as a full-time employee in the same or similar classification. |
| | Notice of cessation or renovation of employment upon expiry of contract |
| 48 | The University will provide a fixed-term employee with four weeks written notice of its intention to renew, or not to renew, employment upon the expiry of the contract, unless they were employed: |
| | a) | to replace another employee who was on authorised leave; or | | b) | to replace another employee whose position is vacant due to a temporary employment variation; or | | c) | on a pre-retirement contract; or | | d) | in connection with a Teaching Fellowship, or | | e) | in connection with an Early Career Development Fellowship. |
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| 49 | Where an employee's fixed-term contract of employment specifies an entitlement to more than four weeks notice, the greater notice period will apply. |
| 50 | In addition to this notice, an employee over the age of 45 years at the time of the giving of notice and with not less than two years continuous service will be entitled to an additional week's notice. |
| 51 | Where the University is not reasonably able to give the notice required by this subclause because of circumstances relating to the provision of specific funding to support employment external to the University and beyond its control, it will be sufficient compliance with this subclause if the University: |
| | a) | advises those circumstances to the employee in writing at the latest time at which the notice would otherwise be required to be given; and | | b) | gives notice to the employee at the earliest practicable date thereafter. |
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| | Severance Pay |
| 52 | 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 clause 53 provided that the employee: |
| | a) | is employed on a second or subsequent fixed-term contract to do work required for the circumstances described in clauses 30 and 31 and the same or substantially similar duties are no longer required by the employer; or | | b) | is employed on a fixed term contract to do work required for the circumstances described in clauses 30 and 31 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. |
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| 53 | Severance payment entitlements will be calculated for a period of continuous service as follows: |
| | Period of continuous service | Severance Pay | | Up to one year: | Two weeks pay | | Over one year and up to the completion of two years: | Four weeks pay | | Over two years and up to the completion of three years: | Six weeks pay | | Over three years and up to the completion of four years: | Seven weeks pay | | Over four years: | Eight weeks pay |
* 'weeks pay' means the ordinary time rate of pay for the staff member concerned. |
| 54 | 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. |
| 55 | Where the University advises a staff member 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. |
| 56 | Notwithstanding the provisions of this subclause, an employee whose fixed-term contract commenced under the Southern Cross University Enterprise Bargaining Agreement 2005 and expires under this Agreement shall be entitled to the benefit of any severance payment specified in the 2005 Agreement and in the circumstances prescribed by that Agreement. |
| | Calculation of continuous service |
| 57 | For the purpose of clauses 28-59 breaks between fixed-term appointments of up to two times per year and of up to six weeks will not constitute breaks in continuous service. |
| 58 | Breaks in service between one teaching session and the next will not constitute breaks in continuous service. |
| 59 | Periods of approved unpaid leave will not count for service, but will not constitute breaks in service for the purposes of clauses 28-59. |
| | Conversion |
| 60 | For those employees who are employed on a fixed-term employment contract as at the date of approval of this agreement, the University will consider favourably an application for conversion to continuing employment, subject to clause 63, provided the following criteria are met: |
| 61 | For staff employed in the same or substantially similar position for a continuous period of four years or more, without having been employed in the relevant position through a competitive selection process, where: |
| | a) | there is an ongoing need for the role; and | | b) | the staff member has performed satisfactorily in that position as evidenced in annual performance management development and review reports; and | | c) | the position is not funded from identifiable external funding sources, that is, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students. |
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| 62 | For staff employed through a competitive and externally advertised selection process in the same or substantially similar position for a continuous period of two years or more, where: |
| | | a) | there is an ongoing need for the role; and | | b) | the staff member has performed satisfactorily in that position as evidenced in annual performance management, development and review reports; and | | c) | the position is not funded from identifiable external funding sources, that is, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students. |
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| 63 | For the purposes of clause 60, 61 and 62, fixed-term employees will not be eligible for conversion if they were employed: |
| | | a) | to replace another employee who was on authorised leave; or | | b) | to replace another employee whose position is vacant due to a temporary employment variation; or | | c) | on a pre-retirement contract; or | | d) | on a fixed-term contract in connection with a course of study in which they were enrolled; or | | e) | for the purposes of research or a specific task or project; or | | f) | using identifiable external funding sources, that is, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students. |
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| 64 | For those employees employed on a fixed-term basis, in the same or substantially similar position for a continuous period of two years or more, during the term of this Agreement and in accordance with one of the allowable fixed-term employment categories, where the University gives notice in accordance with clause 48 of the intention to renew employment on expiry of the contract, subject to clause 65, the University will offer conversion to continuing employment on the same salary and classification provided: |
| | | a) | there is an ongoing need for the role; and | | b) | the employee was employed in the relevant position through a competitive and externally advertised selection process; and | | c) | the staff member has performed satisfactorily in that position as evidenced in annual performance management development and review reports; and | | d) | the position is not funded from identifiable external funding sources, that is, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students. |
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| 65 | Fixed-term employees will not be offered conversion if they were employed: |
| | | a) | to replace another employee who was on authorised leave; or | | b) | to replace another employee whose position is vacant due to a temporary employment variation; or | | c) | on a pre-retirement contract; or | | d) | on a fixed-term contract in connection with a course of study in which they were enrolled; or | | e) | for the purposes of research or a specific task or project; or | | f) | on a secondment; or | | g) | for recent professional practice; or | | h) | as an apprentice; or | | i) | on a Teaching Fellowship; or | | j) | using identifiable external funding sources, that is, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students. |
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