3.7 Types of Employment
3.7.1 A Staff Member will be employed in the types of employment prescribed in this clause. There will be no limit on the number or proportion of Staff Members that the University may employ in a particular type of employment.
3.7.2 Continuing employment means employment on a full- or part-time basis with no specified end date. Continuing employment is subject to termination by the resignation, retirement or death of a Staff Member; by abandonment of employment; by the position being declared redundant; or by the Staff Member's employment being otherwise terminated by the University in accordance with relevant provisions of this Agreement.
3.7.3 For Professional Staff, full-time employment means 70 ordinary hours per fortnight. Full-time employment may be offered as a continuing or fixed-term appointment.
3.7.4 Part-time employment means employment for less than the normal weekly ordinary hours specified for a full-time Staff Member in the same classification and for which all Agreement entitlements are paid on a pro-rata basis calculated by reference to the fraction worked. Part-time employment may be offered to a Staff Member as a continuing or fixed-term appointment.
3.7.5 Where employment is to be part-time, the offer of employment made by the University will specify the fraction of ordinary hours of work for which employment is offered.
3.7.6 Casual employment means employment of a Staff Member on an hourly basis at an hourly rate of pay. The work required to be done by a Staff Member employed on casual basis is generally ad hoc, intermittent, unpredictable or involves hours that are irregular. Casual employment may be terminated at one hours notice.
3.7.7 Job sharing is a voluntary arrangement where two Staff Members, working part-time, share all the duties and responsibilities of a continuing or fixed-term full-time position.
3.7.8 Seasonal employment means employment offered on a continuing or fixed-term basis to work one or more periods or seasons in each calendar year.
3.7.9 During the periods of the calendar year that a seasonal Staff Member is not required to perform work, they will be deemed to be stood down without pay. Any such stand-down period will not count as service for any purpose, although it will not break the continuity of service.
3.7.10 Fixed-Term employment means:
(a) employment for a specified term or ascertainable period, for which the instrument of appointment will specify the starting and finishing dates; or
(b) employment in connection with a specific task or project, which will terminate upon the occurrence of a specified contingency related to the task or project not normally in excess of three years.
3.7.11 Fixed-term contracts may be terminated by the University:
(a) during a probationary period in accordance with clause 3.6 (Probation) of this Agreement; or
(b) where the Staff Member's position has become redundant because non-recurrent funding essential to the employment ceases or the work is no longer required to be undertaken; or
(c) for cause based on unsatisfactory performance, misconduct or serious misconduct; or
(d) by abandonment of employment.
3.7.12 For the purpose of this clause, breaks between fixed-term appointments of up to three months in total in any 12-month period will not constitute breaks in Continuous Service.
Restriction on Use of Fixed-Term Appointments
3.7.13 Any fixed-term contract entered into following the commencement of this Agreement must come within the description of one or more of the following circumstances:
(a) Specific task or project means a definable work activity that has a starting time and is expected to be completed within an anticipated timeframe not normally in excess of three years. Without limiting the generality of that circumstance, it will also include a period of employment provided for from funds external to the University, ie funding that is not part of an operating grant from the government.
(b) Research means work activity by a person engaged on research-only functions for a contract period not exceeding five years.
(c) Replacement Staff Member means a Staff Member:
(i) undertaking work activity replacing a full-time or part-time Staff Member for a definable period during which the replaced Staff Member is either on authorised leave of absence or is temporarily seconded or appointed away from their usual work area or role; or
(ii) performing the duties of:
- vacant position that the University has made a definite decision to fill and has commenced recruitment action; or
- position that is temporarily vacant because the normal occupant is performing higher duties pending the outcome of recruitment action initiated and/or in progress by the University for that vacant higher duties position;
until a Staff Member is engaged for the vacant position or vacant higher duties position as applicable.
(d) Pre-retirement contract. Where a Staff Member declares that it is their intention to retire, a fixed-term contract expiring on a mutually agreed date may be adopted as the appropriate type of employment.
(e) Other circumstances. If a work unit identifies any other circumstance where employment is to be for a fixed period, then the contract period or periods for an individual Staff Member will not exceed five years. Any application for appointment under this subclause will be accompanied with a written justification and will be subject to the approval of the Director, Human Resources.
(f) Fixed-term contract employment subsidiary to studentship. Where a person is enrolled as a student, employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding paragraphs of this clause, that is work for which the student is appropriately qualified, provided that:
(i) such fixed-term contract employment will be for a period that does not extend beyond, or that expires at the end of, 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
(ii) an offer of fixed-term employment under this paragraph must not be made on the condition that the person offered the employment must enrol as a student.
(g) Apprenticeship or Traineeship. An apprentice or trainee employed pursuant to an apprenticeship or traineeship approved by the relevant state or territory training authority.
Notice of Cessation or Re-offer of Fixed-Term Employment
3.7.14 A fixed-term Staff Member may be offered a further contract of employment. Unless such an offer is made and accepted, or the Staff Member's employment is terminated earlier in accordance with subclause 3.7.11 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) they were initially appointed through an externally advertised competitive selection process; and
(b) they are demonstrating satisfactory performance in all aspects of the position; and
(c) in the case of substantially similar duties, the University is satisfied that they have the capacity to meet any new duties or competencies that may be required.
3.7.15 Notwithstanding the provisions of subclause 3.7.14, where the University determines that the work being performed by a Staff Member employed under a fixed-term contract as specified in subclause 3.7.13(e) will continue for more than five years, and the Staff Member has been appointed through a competitive selection process, the Staff Member will be offered continuing employment in the role. The University will not fail to offer further employment in order to avoid the obligation under this subclause.
3.7.16 The University will provide to a fixed-term Staff Member written notice (including by email) of five 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 fixed-term contract of less than six months.
3.7.17 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 subclause 3.7.16 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
3.7.18 Where a fixed-term Staff Member is terminated prior to the expiry of their fixed-term contract in accordance with subclause 3.7.11(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 retrenchment benefit payable under subclauses 6.2.15 (a) and (c).
3.7.19 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 subclause 3.7.21 below, except where:
(a) the Staff Member was employed on a first fixed-term contract; or
(b) the Staff Member was replacing another Staff Member on leave or Secondment from the workplace; or
(c) the Staff Member was on a pre-retirement contract; or
(d) the position was a HEW Level 9 or above position.
3.7.20 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.
3.7.21 Where a Staff Member is entitled to a severance payment in accordance with subclause 3.7.19 above, the following payments will apply:
Staff Member's period of continuous service with the employer on termination
At least 1 year but less than 2 years
At least 2 years but less than 3 years
At least 3 years but less than 4 years
At least 4 years but less than 5 years
At least 5 years but less than 6 years
At least 6 years but less than 7 years
At least 7 years but less than 8 years
At least 8 years but less than 9 years
At least 9 years but less than 10 years
At least 10 years
3.7.22 Where a fixed-term Staff Member with between five and 10 years of Continuous Service is entitled to a severance payment, they will be entitled to a payment in lieu of long service leave calculated at the pro-rata rate of two months for 10 years of Continuous Service.
3.7.23 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 subclause3.7.21, but will not constitute breaks in Continuous Service.
3.7.24 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.
Conversion from Fixed-Term to Continuing Employment
3.7.25 A Staff Member on a fixed-term contract may apply to convert their employment to continuing employment in the position they currently hold provided that:
(a) the current contract is the second or subsequent consecutive fixed-term appointment for the Staff Member; or
(b) the period of fixed-term employment has exceeded a continuous period of three years;
and the following two requirements are met:
(c) the Staff Member was originally appointed following a competitive merit-based selection process; and
(d) the Staff Member is demonstrating satisfactory performance in the position.
3.7.26 When considering an application for conversion the University must be satisfied that continuing work of the same or substantially similar duties and requisite funding is available.
3.7.27 The provisions of subclause 3.7.25 do not apply to fixed-term contracts for Professional Staff positions above HEW Level 9, Step 2.
3.7.28 The University will not unreasonably refuse an application for conversion and will respond to an application within four weeks of receipt. Reasonable grounds for refusal include but are not limited to the following:
(a) the Staff member is a student, other than where their status as a student is irrelevant to their engagement and the work required;
(b) the Staff member is a genuine retiree. For the purposes of this subclause, 'genuine retiree' means a person who is in receipt of any form of Australian retirement income;
(c) the Staff member is on a pre-retirement contract;
(d) the Staff member is performing work which will cease to be required within 26 weeks from the date of application;
(e) the fixed-term contract is for research or is funded by an external funding source which is not ongoing;
(f) the fixed-term contract is for the purpose of filling a temporary vacancy or to meet a curriculum requirement in vocational or professional education for recent practical or commercial experience.
3.7.29 If an application is declined, the University will provide written reasons for declining it.
3.7.30 A Staff Member employed on a casual basis will be paid the applicable casual hourly salary rate provided for in Schedule 2 of this Agreement. The hourly rate includes a loading of 25 per cent that is paid in compensation for the casual nature of the appointment and for all forms of leave (excluding long service leave), redundancy and any other relevant entitlements.
3.7.31 Notwithstanding the provisions of subclauses 3.7.32-3.7.38 a casual Staff Member will not have any expectation of continuing employment.
Casual Employment - Conversion Arrangements
3.7.32 A casual Staff Member may apply for conversion to continuing or fixed‑term employment, as appropriate, if the Staff Member has been employed by the University on a regular and systematic basis in the same or a similar and identically classified position in the same work unit and either:
(a) the employment was during the immediately preceding period of 12 months and in those immediately preceding 12 months the average weekly hours worked equalled at least 50 per cent of the ordinary weekly hours of a full-time Staff Member; or
(b) worked on a regular and systematic basis in the same work unit over the immediately preceding 24 months.
3.7.33 For the purposes of this subclause casual work performed by the Staff Member in another classification, job or work unit will not:
(a) affect the Staff Member's eligibility for conversion; nor
(b) be included in determining whether the Staff Member meets eligibility requirements.
3.7.34 On appointment the University will advise a casual Staff member that, after serving qualifying periods in subclause 3.7.32, they may have a right to apply for conversion. Reasonable steps will be taken from time to time to inform casual Staff Members of this conversion provision.
3.7.35 The University will not unreasonably refuse an application for conversion. Reasonable grounds for refusal include but are not limited to the following:
(a) the Staff Member is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required;
(b) the Staff Member is a genuine retiree;
(c) the Staff Member is performing work which will either cease to be required or will be performed by a non‑casual Staff Member, within 26 weeks from the date on which the application of conversion is made;
(d) the Staff Member has a primary occupation with the University or elsewhere, either as a Staff Member or as a self‑employed person;
(e) the Staff Member does not meet the essential requirements of the position;
(f) the work subject to the application for conversion is ad hoc, intermittent, unpredictable or involves hours that are irregular; or
(g) the Staff Member has not been subject to a competitive selection process.
3.7.36 While the University will consider applications for conversion from casual to fixed-term or continuing employment, approval will be at the discretion of the University. If the application is rejected, the University will provide written reasons for rejecting it.
3.7.37 Conversion may be to either a continuing appointment or to a fixed‑term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the University's operational requirements and the desirability of offering the Staff Member work which is as regular and continuous as is reasonably practicable, will be consistent with the Staff Member's casual engagement.
3.7.38 A Staff Member whose application for conversion is rejected will not be entitled to apply again within 12 months except where:
(a) that rejection is solely based upon the ground set out in subclause 3.7.35(c) above; and
(b) that ground ceased to apply.
Conversion to Part-Time Employment for a Fixed Period
3.7.39 A Staff Member may apply to temporarily convert from full-time to part-time employment. Written applications, at least three months prior to the proposed date of conversion, should include the following information:
(a) the fraction of the appointment proposed to be worked;
(b) the duration of the proposed conversion to part-time employment which will be no longer than three years;
(c) the reason for the application; and
(d) a recommendation from the Supervisor.
3.7.40 At the conclusion of the period of part-time employment, the Staff Member will resume their substantive full-time appointment.
3.7.41 While the University will consider applications for conversion to part-time employment for a fixed period, approval will be at the discretion of the University.
Continuing (Contingent Funded) Employment
3.7.42 A Staff Member appointed to a fixed-term research-only or project-based position (or positions) funded by Contingent Funding for a period of continuous service of five years or more, who is to be appointed to a further consecutive contract of at least one 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.
3.7.43 The University will have a period of three months from the commencement of this Agreement to give effect to these changes.
3.7.44 Notwithstanding the above, Staff appointed to a fixed-term research-only or project-based position may be appointed, at the discretion of the relevant Head, Director (or equivalent), to Continuing (Contingent Funded) employment using internal recurrent funding, where:
(a) the use of internal recurrent funding is for a limited period; and
(b) the organisational unit 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.
3.7.45 Staff employed as Continuing (Contingent Funded) may apply for internally advertised positions.
3.7.46 The following provisions of this Agreement do not apply to Staff employed as Continuing (Contingent Funded):
(a) clause 4.15 (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 4.13 (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).
3.7.47 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.
3.7.48 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 four weeks notice of termination, or five weeks if the Staff Member is over 45 years of age or payment in lieuof 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.
3.7.49 If, during the notice period, the contingent funding for the position is renewed, the University will make an offer of further employment.
3.7.50 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.
3.7.51 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
9 years or more but less than 12 years
3.7.52 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 the position ceases; or
(b) resigns; or
(c) secures the same or similar employment with another employer associated with the contingent funding of the position.
3.7.53 Continuing (Contingent Funded) positions established in accordance with this clause will be classified in accordance with the Position Classification Descriptors.