Casual employees have a pathway to apply for full-time or part-time employment under the NES. The ‘Employee Choice Pathway’ allows eligible casuals to notify the employer in writing of their preference to change to permanent employment.
In addition to these NES rights, a casual employee may request to be converted to continuing employment under this clause if the employee has been regularly and systematically employed for six (6) months prior.
Casual work performed by the employee in another classification, job, or department (or equivalent) will be recognised as service for conversion.
A casual employee must not be engaged and re-engaged, nor have their hours reduced, to avoid an obligation under this clause.
The University must not unreasonably refuse conversion.
The University is not required to make an offer to a casual employee if:
The employee is replacing a continuing employee for an identified period being no longer than twelve (12) months;
The work has been ad hoc or sporadic;
The employee has a primary occupation with the University;
The University can demonstrate that in the next six (6) months, the work will no longer be performed by anyone or demonstrate that recruitment is underway to engage a permanent employee to perform the work;
The employee is a genuine retiree; or
The employee 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.
If successful, the University will advise the casual employee, and if applicable their Employee Representative, whether the conversion is to part-time or full-time working hours as relevant, and the commencement date (within two (2) weeks of the conversion unless otherwise agreed).
For any refusal, written reasons for refusal to convert (limited to the terms above) will be provided to the employee within twenty-one (21) working days of the date of application.
The University will report annually to the ACUSCC in writing on the:
Number of casual conversions offered in accordance with this clause; and
The classification level and location of the positions.
For academic employees, the minimum appointment level for the employee with a PhD will be Level A, Step 6.
Conversion from Casual Academic Employment Program
The University will maintain a program to transition work undertaken by casual academics to continuing academics (the program).
The aim of this sub-clause is that the teaching work that employees appointed through the program will primarily perform will be teaching work that was previously performed by casual employees.
Over the life of this Agreement, the University will reduce to and maintain a ratio of casual employees FTE to non-casual academic employees FTE of 27% to 73%. The ratio of employees will be measured as at 1 January of each year, utilising the twelve (12) month average captured on the employee dashboard.
The percentage of casual to continuing employees will be reduced to at least:
29% to 71% within two (2) years after the commencement of this Agreement; and
27% to 73% by the nominal expiry date of this Agreement.
Once subclause 2.5(n)(i)-(ii) above have been achieved, the proportion of casual to non-casual employees will not exceed that level, and the University commits to taking all possible steps to achieve a ratio of 25% casual to 75% continuing employees.
Based on headcount data upon commencement of this Agreement, this will require the University to create and fill at least forty-five (45) new continuing academic positions through the program. The University will not outsource a significant part of its casual workforce to avoid its obligations under the clause.
Under the program, the University will distribute positions proportionally across academic work units having regard to:
The total hours of work performed by casual academic employees in the two (2) years prior within an academic work unit;
The anticipated need for the work to be continued; and
The nature of casual work in the work unit.
Appointment to positions under the program will be based on competence. Applicants must:
Have casual experience at the University in the previous two (2) years; and
Not have held a continuing position in a university in the previous three (3) years; and
Provide verification that they satisfy the criteria in sub-clause 2.5(p)(i) and (ii) above.
Despite sub-clause 2.5(p) the University may, at its discretion, accept an application from an applicant who does not satisfy the requirements in the clause.
All roles created through the program will:
Be advertised at first instance to all casual academic teaching employees who were employed in the preceding two (2) years; and
Remain open for application for at least fifteen (15) business days; and
Be subject to the University’s usual recruitment processes (e.g. regarding selection panels, pre-employment checks, verification of qualifications).
If there are no appointable applicants following the recruitment process in sub-clause 2.5(q) above, the University may advertise externally to fill the roles created through the program.
Where no applicant is appointable following external advertising who satisfies sub-clause 2.5(p), the University may appoint candidates who otherwise demonstrate that they meet the requirements of roles created through the program.
Academic appointments under the program:
Will be continuing full-time and part-time positions;
May be advertised or made at a fraction less than 1.0 FTE where a full-time position cannot be accommodated, but will be at no less than 0.4 FTE; and
Where the employee has a PhD, will be at a minimum of Level A, Step 6 of Schedule 1 Part A of the Agreement.
To assess suitability, a person who is appointed under the program will be subject to a three (3) year academic probationary period and subject to the probationary employment provisions in clause 6.2.
All other provisions of the Agreement apply to employees appointed under this clause 2.5 as continuing employees.
Each academic position created through the program will include teaching, research and service work, with the teaching work performed being that which was previously performed by casual employees. Where a continuing academic position is made redundant, academic positions appointed through the program will not perform the teaching work previously performed by that position for a period of eighteen (18) months.
The University will report annually to the ACUSCC on the total number of positions appointed through the program, the academic work units and disciplines in which they were appointed, their academic career pathway workload allocations, and the ratio of casual academic employees FTE to continuing employees FTE over the previous twelve (12) months and over the life of the Agreement.
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