3.6.51 - 3.6.62 Continuing (Contingent Funded) Employment

3.6.51 - 3.6.62 Continuing (Contingent Funded) Employment

Note: This agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement.

Undertakings - Macquarie University Academic Staff Enterprise Agreement 2014

Macquarie University (University) undertakes, while the Agreement is in operation, the following:

1. Clause 2.5.11 - Deduction of Union Dues

The University undertakes to require that a Staff Member provide a written authorisation for the deduction of union dues and levies from salary under clause 2.5.11.

2. Clause 3.3.1 - Backpayments

The University undertakes to make a payment of backpay of the 3% salary increase from 20 March 2014 to current Staff Members employed as at the commencement of the Agreement in the first payrun following the commencement of the Agreement.

3. Clause 3.6.60 - Redundancy Payments Below NES Scale in some circumstances

Where clause 3.6.60 provides for a severance payment which is lower than the NES requires in any particular circumstances, the University will pay the severance payment required by the NES in satisfaction of the Staff Members entitlement to a severance payment under both the NES and clause 3.6.60.

4. Clause 4.1.10 - Cashing Out of Annual Leave

Without affecting clause 4.1.11, the University undertakes that it will never agree to the cashing out of annual leave under clauses 4.1.10 to 4.1.12 of the Agreement if the cashing out would result in the Staff Member's remaining accrued entitlement to paid annual leave being less than 4 weeks.

The University undertakes it will not agree to the cashing out of annual leave under clauses 4.1.10 to 4.1.12 of the Agreement unless the cashing out of the particular amount of paid annual leave is by a separate agreement in writing between the University and the Staff Member.

5. Clause 4.1.14 - Payment in lieu of annual leave

The University will pay an employee their untaken paid annual leave on termination of employment as required by section 90(2) of the Fair Work Act 2009, as amended or replaced.

6. Clause 4.1.25(c)(ii) - Compassionate or bereavement leave

The University undertakes to extend to bereavement leave under clause 4.1.25(c)(ii) to the sibling of a Staff Member's defacto partner (including same sex defacto partners).The University undertakes that it will not deduct leave taken under clause 4.1.25(c)(ii) from personal leave accrued under the NES.

7. Clause 4.1.60(a) - Return from parental leave

The University undertakes not to apply clause 4.1.60(a).

8. Clause 4.12.8 - Suspension without pay

The Vice Chancellor will only exercise the power to suspend without pay in the case of possible Serious Misconduct and the University will - if no Serious Misconduct is found - pay the Staff Member their salary foregone during the period of unpaid suspension.

9. Clause 6.2.6 - Payment of Long Service Leave on Voluntary Redundancy 

The University undertakes to pay an employee their long service leave entitlement payable under the Long Service Leave Act 1955, as amended or replaced, where that payment exceeds the amount payable under the Agreement.  Such a payment is paid in satisfaction of the Staff Members entitlement to a long service leave including under the Agreement and the Long Service Leave Act 1955

For the avoidance of doubt, all reference to provisions of legislation in these undertakings is a reference to those provisions as amended or replaced.

A copy of the Undertaking agreement can be found here.

3.6.51 A Staff Member appointed to a fixed-term research-only position (or positions) funded by Contingent Funding for a period of continuous service of 5 years or more who is to be appointed to a further consecutive contract of at least 1 year, may be offered employment on a Continuing (Contingent Funded) basis in accordance with this provision. A Staff Member's fixed-term service prior to the commencement of this Agreement will count as service for the purposes of this sub clause. 

3.6.52 The University will have a period of three months from the commencement of this Agreement to give effect to these changes.

3.6.53 Notwithstanding the above, Staff appointed as fixed-term research-only may be appointed, at the discretion of the relevant Head (or equivalent), to Continuing (Contingent Funded) employment using internal funds, where:

(a) the use of internal funding is for a limited period; and 

(b) the area has a reasonable expectation that alternative contingent funding or a standard appointment will become available; and 

(c) the alternative would be the termination of the Staff Member's employment with the University.

3.6.54 Staff employed as Continuing (Contingent Funded) may apply for internally advertised positions.

3.6.55 The following provisions of this Agreement do not apply to Staff employed as Continuing (Contingent Funded):

(a) Clause 4.10 (Complaint Procedures) to the extent that the complaint relates to any decision to offer, not offer, continue or terminate Continuing (Contingent Funded) employment; 

(b) Clause 4.8 (Managing Change in the Workplace) in respect to the contingent position that the Staff Member occupies; and 

(c) Clause 6.2 (Redundancy, Redeployment and Retrenchment).

3.6.56 The University will not terminate the employment of a Staff Member on Continuing (Contingent Funded) employment unless:

(a) the duties being performed are no longer required; or 

(b) the inherent nature of the work required has changed significantly and the skills and experience of the Staff Member will not enable them to fulfil the requirements of the position; or 

(c) termination is under the probation or disciplinary provisions of this Agreement.

3.6.57 Where the duties performed by a Continuing (Contingent Funded) Staff Member are no longer required to be performed the University:

(a) may transfer the Staff Member to another equivalent position, or at the request of the Staff Member, consult with the Staff Member in relation to other positions; or 

(b) will provide the Staff Member with a minimum of 4 weeks notice of termination, or 5 weeks if the Staff Member is over 45 years of age or payment in lieu of notice if a transfer opportunity does not exist; or 

(c) may also offer a further six months employment to give the Staff Member an opportunity to draft further grant applications and await results while continuing to undertake other suitable work for the University.

3.6.58 If, during the notice period, the contingent funding for the position is renewed, the University will make an offer of further employment.

3.6.59 If an application for renewal of the Contingent Funding for the position is still pending, the period of employment may, at the discretion of the University, continue for any period of paid leave the Staff Member is entitled to and thereafter to unpaid leave to retain the employment relationship until a decision on the contingent funding is made. Payment of severance and any outstanding leave may be delayed for up to nine weeks to facilitate continuation of service.

3.6.60  If employment is to cease the following payments will apply:

Period of Continuous Service

Severance pay

More than 1 year but less than 2 years

4 weeks

2 years or more but less than 3 years

6 weeks

3 years or more but less than 4 years

7 weeks

4 years or more but less than 10 years

8 weeks

10 years or more but less than 12 years

16 weeks

12 years or more but less than 15 years

20 weeks

15 years or more but less than 20 years

24 weeks

20 years or more

30 weeks

3.6.61 Severance payments will not be made where the Staff Member:

(a)  declines the offer of further employment or a reasonable offer of redeployment where funding for his/her position ceases; or 

(b)  resigns; or 

(c)  secures the same or similar employment with another employer associated with the contingent funding of the position.

3.6.62 Staff employed on a Continuing (Contingent Funded) contract in accordance with this clause will be regarded as research-only for the purposes of the MSALs.

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