Continuing contingent funded appointments
11. CONTINUING (CONTINGENT FUNDING) APPOINTMENTS
11.1 Contingent Funding is limited-term funding provided for from external sources, but not funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.
11.2 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 subclause.
11.3 Not withstanding the above, Staff appointed as fixed term research-only position (or positions) may be appointed, at the discretion of the relevant Executive Dean (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.
11.4 Staff employed as Continuing (Contingent Funded) may apply for internally advertised positions.
11.5 The following provisions of this Agreement do not apply to Staff Members employed as Continuing (Contingent Funded):
(a) Clause 49, 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 44, Managing Change in the Workplace in respect to the contingent position that the Staff Member occupies; and
(c) Clause 45, Redundancy, Redeployment and Retrenchment.
11.6 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 fullfil the requirements of the position; or
(c) termination is under the probation or disciplinary provisions of this Agreement.
11.7 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.
11.8 If, during the notice period, the contingent funding for the position is renewed, the University will make an offer of further employment.
11.9 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.
11.10 If employment is to cease the following payments will apply:
Period of Continuous Service
More than 1 year but less than 2 years
2 years or more but less than 3 years
3 years or more but less than 4 years
4 years or more but less than 5 years
5 years or more but less than 6 years
6 years or more but less than 7 years
7 years or more but less than 8 years
8 years or more but less than 9 years
10 years or more but less than 12 years
12 years or more but less than 15 years
15 years or more but less than 20 years
20 years or more
11.11 Severance payments will not be made where the Staff Member:
(a) declines the offer of further employment or a reasonable offer of alternate employment where funding for their position ceases; or
(b) resigns; or
(c) secures the same or similar employment with another employer associated with the contingent funding of the position.
11.12 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.