PART 7 - MANAGEMENT FOR PERFORMANCE |
| PROBATION |
| 206 | The University may require an employee who is offered an appointment with the University to serve a probation period. The University will, in determining the length of the probation period or whether to waive such a period, have regard to the nature of the duties to be undertaken, the employee's prior service at the University or at other institutions, and the employee's qualifications and experience. |
| 207 | An employee's supervisor will be responsible for providing feedback during the probation period. |
| 208 | On appointment, general staff employees will be provided with a clear statement of duties and academic employees will be provided with a copy of the Minimum Standards for Academic Levels. |
| 209 | A probationary employee will be offered relevant training and development opportunities, and will be provided with regular supervision to confirm progress or identify difficulties and develop strategies for their resolution. |
| 210 | The length and terms of a probationary period will be notified to the employee in advance of their employment with the University. Any possibility of extension to the probationary period will be communicated in writing to the employee in advance of their commencement. |
| 211 | New appointees (except casual employees) will normally serve a maximum probationary period as follows: |
| | Classification | Maximum Probationary Period | Probationary Reviews | | General Staff | six months | Will normally be conducted on or before the 8th week and 24th week. | | Academic Staff | three years | Will normally be conducted on or before the 12th, 24th and 33rd month. |
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| 212 | In addition to the above, probationary periods may be extended for up to six months for general staff and up to 12 months for academic staff in exceptional circumstances. |
| 213 | Where probationary periods are less than the maximum period, probationary reviews will normally be conducted at appropriate intervals prior to the end of the probationary period. |
| 214 | During the probation period the employee will be regularly provided with feedback on their performance. Where concerns are raised during this period the employee will be given an opportunity to address the performance issues. At the final probation review the employee will be advised of the supervisor's recommendation and be given an opportunity to respond to the concerns raised. |
| 215 | Where the relevant delegated officer(s) determines during the probation period that the employee has met the relevant probation requirements in advance of the probation review period, the employee's appointment may be confirmed. |
| 216 | Where a decision is made not to confirm an employee's appointment during a period of probation, the recommendation will be referred to the Vice Chancellor who may terminate the employment. Employees whose employment is terminated during a period of probation will be entitled to the following notice periods: |
| | Period of continuous service | Period of notice | | Less than one year | one week | | One year and up to the completion of three years | two weeks | | Three years and up to the completion of five years | three weeks | | Five years and over | four weeks |
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| 217 | Prior to taking a decision to terminate employment under clause 216, the Vice Chancellor will invite the employee to comment on any procedural matters associated with the recommendation not to confirm the employee's appointment. |
| PERFORMANCE MANAGEMENT, DEVELOPMENT AND REVIEW |
| 218 | The University is committed to improving its existing performance management processes. This will be achieved through annually reviewing the Policy on Performance Management, Development and Review, and implementing enhancements that facilitate more effective performance management. |
| 219 | Performance management and evaluation of staff performance may be undertaken for, but need not be limited to, the following purposes:
| a) | provide feedback to staff on how they are performing in the workplace; | | b) | promote individual staff development and career planning strategies; | | c) | reward staff for excellence in performance which contributes positively to objectives specified in approved University plans; | | d) | improve poor performance; | | e) | formulate and implement improvement strategies in cases where the performance of employees is below that expected from the classification level descriptions in terms of quality or extent of performance; | | f) | ensure fairness and due process as well as effective outcomes when dealing with demonstrated unsatisfactory performance which may lead to sanction; | | g) | facilitate the identification of development and education needs to assist employees to take responsibility for career development. |
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| Supervisor Responsibilities |
| 220 | Supervisors are responsible for:| a) | The establishment of, and communication to, employees of work expectations and performance objectives; | | b) | The monitoring of performance and provision of feedback to employees on an ongoing basis; | | c) | The conduct of regular PMDR reviews, including documentation, in accordance with the PMDR policy. | | d) | Facilitating employees to undertake training and development opportunities that align with the Work Unit's goals and where possible support other career development opportunities. |
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| Employee Responsibilities |
| 221 | Employees are responsible for:| a) | The participation in regular PMDR reviews, including completing PMDR plans in accordance with the PMDR policy; | | b) | Consulting with supervisors, seeking advice and expressing views on job expectations and any other aspect of work; | | c) | Seeking opportunities and taking responsibility for career development. |
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| 222 | Where underperformance is identified, the supervisor will set objectives and reasonable timeframes within which improvements are to be achieved. The supervisor will closely monitor the work and communicate frequently with the employee. The employee will be provided with the opportunity and assistance to address underperformance. Where there is evidence that underperformance has not been remedied through this process, the relevant formal procedures for managing unsatisfactory performance will be followed. |
| 223 | Each employee will have a formal supervisor nominated in writing. The Supervisor will be the Head of the work unit, or their nominee, provided that for academic staff the relevant executive member may delegate another employee classified at Level C or above to be the supervisor of one or more employees. In matters relating to staff development, should an employee so desire, the supervisor and the employee may agree to consult with a third party with relevant expertise nominated by the employee or the supervisor. Where agreement cannot be reached, the matter will be referred to the relevant executive member for final decision. |
| 224 | An academic employee may request a change in PMDR supervisor. The request must be made in writing to the relevant executive member stating the reasons for the request. Where the employee has reasonable grounds for requesting a change and where a suitable alternate supervisor is available in accordance with clause 223, the University will not unreasonably withhold permission to change supervisor for PMDR purposes. |
| MANAGING UNSATISFACTORY PERFORMANCE |
| 225 | Termination of employment on the grounds of unsatisfactory performance may only be in accordance with the provisions of this Clause. This Clause does not apply to casual staff. |
| 226 | Line Supervisors (including Heads of Work Units) have a responsibility to discuss work performance with employees under their administration, to ensure employees have a clear understanding of the work expected of them and to provide them with guidance and feedback in relation to their performance, and as appropriate, staff development. Disciplinary action will normally be initiated as a last resort. |
| 227 | Formal procedures for dealing with unsatisfactory performance issues do not replace a supervisor's responsibility outlined in clause 226. However, when there is evidence that the work performance has not been remedied through normal supervisor-employee discussions, the formal procedures of this Clause should be utilised. |
| 228 | The Vice Chancellor must follow the procedures of this Clause before taking disciplinary action against an employee for unsatisfactory performance. However, where a matter that may involve unsatisfactory performance has been dealt with under the provisions for probation in clauses 206-217, or as though it were a case of misconduct or serious misconduct under clauses 281-311, the procedures of this Clause are not required. |
| Definition |
| 229 | 'Unsatisfactory performance' means a level of performance that is unacceptable and may include, but is not limited to:| a) | unsatisfactory, inefficient or negligent performance of the specified duties of the position held; | | b) | persistent, unsupported absence, lateness, or persistent unavailability; | | c) | unreasonably failing or refusing to meet with the supervisor to discuss performance; | | d) | persistent substantiated formal complaints by students or other employees about not achieving the required and reasonable standard of work duties and responsibilities or meeting deadlines; and/or | | e) | inadequate completion of administrative tasks or other responsibilities without reasonable justification. |
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| 230 | 'Unsatisfactory performance' will have regard to the level and duties of the position, the action required to remedy the deficiencies in the employee's performance, and the time frame within which the necessary improvements are required. |
| 231 | 'Disciplinary action' means action by the Vice Chancellor to discipline an employee for unsatisfactory performance in accordance with the provisions of this Agreement and may include one or more of the following:| a) | formal censure; | | b) | counselling; | | c) | demotion by one or more classification levels or increments; | | d) | withholding of an increment; | | e) | suspension with or without pay; | | f) | where an employment variation is in place, reversion to substantive appointment; | | g) | redeployment; | | h) | termination of employment. |
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| 232 | Procedural Review Panel (PRP) means a panel consisting of three members chosen as follows:| a) | a Chairperson, who will be from the list of Chairpersons agreed between the University and the presiding officers of the institutional union branches; and | | b) | a person from within the University agreed by the presiding officers of the institutional union branches; and | | c) | a person from within the University chosen by the Vice Chancellor. |
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| Procedures |
| 233 | Where a supervisor forms a view that the performance of an employee is unsatisfactory, the supervisor will:| a) | inform the employee in writing that action is being taken in accordance with this clause; | | b) | advise the employee on the nature of the improvement required and the time within which reasonable improvement is expected, and | | c) | make a record of the advice given and provide a copy to the employee. |
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| 234 | An employee may choose to be accompanied by another University employee or employee representative at any meeting convened in accordance with this clause. |
| 235 | Where a supervisor believes that the processes referred to in clause 233 have not produced the desired improvements in performance, the supervisor will make a report to the relevant executive member and, at the same time, provide a copy to the employee, who may choose to make a response to the relevant executive member within five working days of receipt of the report. The relevant executive member will review the report and any response provided by the employee and may decide, within ten working days to refer the report to the Vice Chancellor. The report will state clearly the aspects of performance viewed as unsatisfactory and the record of attempts to remedy the problem/s. |
| 236 | The relevant executive member will provide the employee with a copy of the report at the time it is referred to the Vice Chancellor. The employee may, within ten working days of receipt of the report by the Vice Chancellor, submit to the Vice Chancellor a written response to the report, which may include comment on any procedural matter. The report will be deemed to have been received two working days after it is posted, delivered by hand to the employee's place of work or last known home address, or sent by facsimile to the employee's last known facsimile number. |
| 237 | Upon receipt of the report and any written response from the employee, the Vice Chancellor will first be satisfied that:| a) | appropriate steps have been taken to bring the unsatisfactory nature of performance to the employee's attention; | | b) | an adequate opportunity to respond was given; | | c) | any response was taken into account; | | d) | a reasonable opportunity has been afforded to remedy the performance problem; and | | e) | that there has been appropriate consultation with the employee's colleagues. |
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| 238 | The Vice-Chancellor may then decide to: | a) | take no further action; | | b) | refer the matter back to the supervisor via the relevant executive member to ensure that the steps referred to in clause 237 are complied with in a manner appropriate to the circumstances, or | | c) | take disciplinary action, as defined in clause 231, except that where termination of employment is being considered, the Vice Chancellor will refer the matter for procedural review to the PRP before any final decision. |
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| 239 | Where a matter is referred for procedural review by the Vice Chancellor, the procedural review will commence within ten working days where practicable. |
| 240 | The terms of reference for the PRP will be to report on:| a) | Whether the procedures that were followed were procedurally fair and in accordance with clauses 233-236, and if not, whether the outcome was affected by the procedures that were followed; and | | b) | Whether the disciplinary action is reasonable in the circumstances. |
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| 241 | The PRP will conduct its review of procedures as expeditiously as possible and provide a report to the Vice Chancellor and the employee, normally within five working days of commencement of the review. |
| 242 | When the Vice Chancellor has received the report of the PRP, the Vice Chancellor will make a final decision. |
| 243 | The Vice Chancellor will advise the employee in writing of the decision. |
| 244 | The actions of the Vice Chancellor under this Clause will be final and not subject to further appeal or challenge under this Agreement or University procedures. However, this Clause does not exclude the jurisdiction of any external tribunal that would be competent to deal with the matter. |
| 245 | Nothing in this Clause prevents the Vice Chancellor or relevant executive member referring a question of possible unsatisfactory performance to a supervisor for appropriate action. |
