Continuing appointment means full-time, part-time or fractional ongoing employment.
Fixed-term appointment means full-time, part-time or fractional employment entered into for a fixed-term period. The University will advise an employee engaged on a fixed-term appointment of the specific start and finish dates of that employment (or in lieu of a finish date, the specific circumstance(s) or contingency relating to a specific task or project, on which the fixed-term appointment will expire). An essential feature of fixed-term employment is that there is no expectation of continuity of employment.
An employee engaged on a full-time or part-time fixed-term basis will receive the entitlements equivalent to that of a full-time or part-time continuing employee, except if stated otherwise in this Agreement. The entitlements accrued during a fixed-term appointment will be paid out on cessation of their contract, unless employment with the University is continuous. If a subsequent fixed-term appointment has been accepted and will commence within six (6) weeks of the last engagement ending, or the employee converts to continuing employment, service will be continuous. The use of fixed-term employment is limited to one or more of the following circumstances:
Specific task or project means a definable work activity which has a starting time, and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it will also include a period of employment provided for from identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.
Research means work activity by a person engaged in research only functions for a contract period not exceeding five (5) years.
Replacement employee means an employee:
undertaking work activity by replacing an employee for a definable period for which the replaced employee is either on authorised leave of absence or is temporarily seconded away from their usual work area; or
performing the duties of:
Recent professional practice required
Where a curriculum in professional or vocational education requires that work be undertaken by an academic employee who has recent practical or commercial experience, such an employee may be engaged for a fixed period not exceeding two (2) years.
Pre-retirement contract
Where an employee declares that it is their intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate employment type for a period of up to five (5) years.
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 within the student’s academic unit or an associated research unit of that academic unit and is work generally related to a degree course that the student is undertaking within the academic unit, provided that:
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
an offer of fixed-term employment under this paragraph must not be made on the condition that the person offered the employment undertake the studentship.
New Organisational Unit
A fixed-term contract may be offered in a new organisational area about which there is uncertainty as to whether it will continue or to perform specific commencement activities, for up to two (2) years from the establishment of any such area.
Conditions of fixed-term contract of employment
A fixed-term contract employee is entitled to:
Incremental advancement
A fixed-term employee who has a period of continuous service in a classification will be entitled to progress through that structure in the same way as a continuing employee (who may be full-time or part-time) in the same or similar classification.
Subsequent appointments
In accordance with this Agreement, if a subsequent fixed-term appointment is required to undertake the same or substantially similar duties, the incumbent will be offered the subsequent fixed-term appointment, provided that their performance during the previous appointment has been satisfactory. A fixed-term employee engaged via sub-clause 2.3(c)(vii) may only have their contract renewed once to a maximum of two (2) years.
Notice of renewal or non-renewal
The University will provide fixed-term employees with written notice of the University’s intention to renew, or not to renew, their fixed-term appointment upon expiry of their contract. Such notice will be:
| Period of Continuous Service at the end of the day notice is given | Period of Notice |
|---|---|
| less than 3 years | At least 2 weeks |
| 3 years but less than 5 years | At least 3 weeks |
| 5 years or over | At least 4 weeks |
| Over 45 years old and greater than 2 years continuous service | Plus, one additional week to the above |
| In circumstances where it is not possible to give the preceding notice due to external funding arrangement and this is advised in writing to the employee | Earliest practicable date |
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 this sub-clause, it will be sufficient compliance with this clause if the University:
advises those circumstances to the employee in writing by the latest time at which the notice would otherwise be required to be given; and
gives notice to the employee at the earliest practicable date thereafter and pays any remaining notice at the Ordinary Rate in lieu.
In circumstances where an employee on a fixed-term contract of employment is absent on parental leave at the time when notice of intention to renew or not renew employment with the University is due to be given before the expiry of the contract; the employee will be offered further employment if the work activity is to continue, except where there could not have been a reasonable expectation of further work (e.g. if the employee was employed for a specific project or as a replacement employee).
Severance Pay
Fixed-term employees are entitled to receive a severance payment in accordance with this clause, provided that:
they have completed at least twelve (12) months’ continuous service with the University; and
their fixed-term appointment is not renewed; and
Severance payments for eligible fixed-term employees are calculated based on the employee’s Ordinary Rate, as follows:
| Period of continuous paid service on termination | Severance payments |
|---|---|
| At least 1 year but less than 2 years | 4 weeks’ salary |
| At least 2 years but less than 3 years | 6 weeks’ salary |
| At least 3 years but less than 4 years | 7 weeks’ salary |
| At least 4 years but less than 5 years | 8 weeks’ salary |
| At least 5 years but less than 6 years | 10 weeks’ salary |
| At least 6 years but less than 7 years | 11 weeks’ salary |
| At least 7 years but less than 8 years | 13 weeks’ salary |
| At least 8 years but less than 9 years | 14 weeks’ salary |
| At least 9 years but less than 10 years | 16 weeks’ salary |
| At least 10 years and over | 12 weeks’ salary |
Where the University advises an employee in writing that further employment may be offered within six (6) weeks of the expiry of a period of fixed-term employment, then the University may defer payment of severance benefits for a maximum period of four (4) weeks from the expiry of the period of fixed-term employment.
If the University offers acceptable alternative employment for an employee who is otherwise entitled to severance payment, then that employee is not entitled to severance payment.
Breaks between appointments
Breaks between fixed-term appointments of up to two (2) times per year, each of up to six (6) weeks will not constitute breaks in continuous service.
Periods of approved unpaid leave will not count for service but will not constitute breaks in service.
Conversion from Fixed Term to Continuing Employment
An employee who has been engaged on a fixed-term contract, other than a specific task or project, research-only replacement or pre-retirement contract, and has completed two (2) years of continuous service in that position and the work is ongoing, will be offered continuing employment.
For fixed term contracts for a specific task or project or research-only contracts, if an employee has completed five (5) years of service in accordance with sub-clause 2.3(c)(i) in the same or similar position, not being funded from an identifiable funding source external to the University (that is, it is funded from an operating grant from government or funding comprised of payments of fees made by or on behalf of students) and the work remains ongoing, the University will offer the employee a continuing appointment.
For the avoidance of doubt, if the work is ongoing, the University will offer the employee a continuing appointment. Notwithstanding anything in this clause, the University at its discretion may at any time convert a fixed-term appointment to continuing employment.
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