3.6.21 - 3.6.31 Notice of Cessation or Re-offer of Fixed Term Employment

3.6.21 - 3.6.31 Notice of Cessation or Re-offer of Fixed Term Employment

3.6.21 A fixed-term Staff Member may be offered a further fixed-term appointment, provided that appointment is consistent with sub clause 3.6.20. Unless such an offer is made and accepted, or the Staff Member's employment is terminated earlier in accordance with sub clause 3.6.18 the Staff Member's employment will end on the specified end date or occurrence of the contingency specified in the contract of employment. Where the University makes a determination to continue a position with the same or substantially similar duties, or where there have only been inconsequential changes to the position, the Staff Member will be offered further employment in the position provided that:

(a)  he/she was initially appointed through an externally advertised competitive selection process; and

(b)  he/she is demonstrating satisfactory performance in all aspects of the position; and

(c)  in the case of substantially similar duties, the University is satisfied that he/she has the capacity to meet any new duties or competencies that may be required.

3.6.22 The University will provide to a fixed-term Staff Member written notice (including by email) of 5 weeks of its intention to offer, or not to offer, further employment with the University upon the expiry of the contract except where:

(a)  the Staff Member is on a pre-retirement contract; or

(b)  the Staff Member is on a first fixed-term contract of less than six months.

3.6.23  Where, because of circumstances relating to the provision of specific funding to support employment, external to the University and beyond its control, the University is not reasonably able to give the notice required by sub clause 3.6.22 above, it will be sufficient compliance with this clause if the University:

(a)  advises those circumstances to the Staff Member in writing at the latest time at which the notice would otherwise be required to be given, and

(b)  gives notice to the Staff Member at the earliest practicable date thereafter.

Severance Pay for Fixed-term Staff Member

3.6.24  Where a fixed-term Staff Member is terminated prior to the expiry of his or her fixed-term contract in accordance with sub clause 3.6.18 (b), the University will pay the Staff Member the lesser of:

(a)  the salary which the Staff Member would have received if they had continued employment until the expiry of the fixed-term contract; or

(b)  the voluntary redundancy benefit payable under sub clause 6.2.6.

3.6.25  A fixed-term Staff Member whose contract of employment is not renewed at the expiry of the contract will be entitled to a severance payment in accordance with sub clause 3.6.28 below, except where:

(a)  the Staff Member was employed on a first fixed-term contract; or

(b)  the Staff Member was offered but did not accept a further offer of employment; or

(c)  the Staff Member was replacing another Staff Member on leave or secondment from the workplace; or

(d) the Staff Member was on a pre-retirement contract.

3.6.26   A Staff Member will also be entitled to the severance in sub clause 3.6.28 where they are employed on a fixed-term contract for the circumstances described in sub clause 3.6.20 (a) or (b) and the duties of the kind performed in relation to the work continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.  

3.6.27  The University, in a particular case, may make an application to the Fair Work Commission to have the severance payment entitlement varied if it obtains acceptable alternative employment for the Staff Member.

3.6.28  Where a Staff Member is entitled to a severance payment in accordance with sub clause 3.6.25 or 3.6.26 above, the following payments will apply:

Staff Member's period of continuous service with the employer on termination

Severance Pay

At least 1 year but less than 2 years

4 weeks

At least 2 years but less than 3 years

6 weeks

At least 3 years but less than 4 years

7 weeks

At least 4 years but less than 5 years

8 weeks

At least 5 years but less than 6 years

10 weeks

At least 6 years but less than 7 years

11 weeks

At least 7 years but less than 8 years

13 weeks

At least 8 years but less than 9 years

14 weeks

At least 9 years but less than 10 years

16 weeks

At least 10 years

12 weeks

3.6.29  Where a fixed-term Staff Member with between five and ten years of Continuous Service is entitled to a severance payment, he or she will be entitled to a payment in lieu of long service leave calculated at the pro-rata rate of two months for ten years of Continuous Service.

3.6.30  Casual employment, approved unpaid leave and/or periods of continuing employment prior to commencing a fixed-term contract will not count as Continuous Service for the purposes of sub clause 3.6.28 but will not constitute breaks in Continuous Service.

3.6.31  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.

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