Conditions applying in common to all trades and services staff

This Part shall apply in common to all trades and services staff except where otherwise expressly provided.

Section 2 - University and Staff Members' Duties, Employment Relationship and Related Arrangements

15. Fixed-term Employment

15.1 Fixed-term Contracts

“Fixed-term Employment” means Employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that Employment, (or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of Employment shall expire), and for which, during the term of Employment, the contract is not terminable by the University, other than during or at the completion of a Probationary period, or for cause based upon serious or wilful misconduct.

A Fixed-term contract of Employment may be either Full-time or fractional (part-time). In the case of a Fixed-term fractional contract, the salaries, allowances and other entitlements under this Agreement applicable to an equivalent Full-time staff member apply to the fractional staff member on a proportionate basis according to the fraction of time worked.

15.2 Use of Fixed-term Employment

The use of Fixed-term Employment shall be limited to the Employment of a staff member engaged on work activity that comes within the description of one or more of the following circumstances as specified in clauses 15.3-15.5.

15.3 Specific Task or Project

"Specific task or project" shall mean 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 shall 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.

15.4 Replacement Employee

"Replacement Employee" means a staff member:

1. undertaking work activity replacing a Full-time or part-time staff member for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded or transferred within or outside the University; or
2. performing the duties of:
   1. a vacant position for which the University has made a definite decision to fill and has commenced recruitment action, until a Full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
   2. a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the University and in progress for that vacant higher duties position until a Full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
   3. a staff member who has returned from a period of parental leave or other authorised leave and who wishes to be employed on a fractional basis for a defined period. The replacement fixed term staff member may be employed to cover the difference in hours arising from such an arrangement.

15.5 Pre-Retirement Contract

Where a Full-time or a part-time employee declares that it is his/her intention to retire, a Fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of Employment for a period of up to five years. Fractional Fixed-term contracts may be offered as provided by clause 14 of this Agreement.

15.6 Incidents of Fixed-term Contract of Employment

Without derogating from any entitlement under the staff member's contract, a Fixed-term contract staff member, other than an apprentice shall be entitled to:

15.6.1 Incremental Advancement

A Fixed-term staff member who has a period of continuous service in a classification which has an incremental structure shall be entitled to progress through that structure in the same way as a staff member engaged as a continuing staff member in the same or similar classification under this Agreement.

15.6.2 Notice of Cessation Or Renewal of Employment Upon Expiry of Contract.

The University shall provide to a Fixed-term staff member, a written notice of the University's intention to renew, or not to renew, Employment with the University upon the expiry of the contract. Such notice shall be the greater of:

1. any contractual entitlement to notice of the University's intention to renew, or not to renew, Employment with the staff member upon the expiry of the contract; or
2. Period of Continuous Service Period of Notice

In addition to the notice prescribed under 15.6.2(a)-(b) hereof, a staff member over the age of 45 years at the time of the giving of notice and with not less than two years continuous service shall be entitled to an additional week's notice.

15.7 Exceptions/Variations to Requirement to Provide Notice

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 clause 15.6, it shall be sufficient compliance with clause 15.6 if the University:

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

gives notice to the staff member at the earliest practicable date thereafter.

15.8 Entitlement to Severance Pay

A Fixed-term staff member who is employed in accordance with clause 15.3 (Specific Task or Project) whose contract of Employment is not renewed in circumstances where the staff member seeks to continue the Employment, shall be entitled to a severance payment as provided in clause 15.9 below in the following circumstances:

1. the staff member is employed on a second or subsequent Fixed-term contract and the same or substantially similar duties are no longer required by the University; or
2. duties of the kind performed by the staff member who is employed on a Fixed-term contract continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.

15.9 Severance Pay

Calculation of severance pay entitlements

For the purpose of this Agreement, breaks between Fixed-term appointments of up to two times per year and of up to six weeks shall not constitute breaks in continuous service. Periods of approved unpaid leave shall not count for service, but shall not constitute breaks in service for the purposes of this clause.

15.10 offer of Further Employment

Where the University advises a staff member in writing that further Employment may be offered within six weeks of the expiry of a Fixed-term contract, 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.

The University, in a particular case, may make application to the Australian Industrial Relations Commission to have the general severance payment or retrenchment benefit payment prescription varied if the University obtains acceptable alternative Employment for the staff member.

15.11 Transitional Provisions

Clauses 15.2-15.5 of this Agreement do not apply during the term of an existing Fixed-term contract entered into on or before 30 June 1998, or to a staff member whose Employment is the subject of a form of Fixed-term contract in force as at 30 June 1998.

A staff member who is employed on a second or subsequent Fixed-term contract which commenced prior to 30 June 1998 and who would have been entitled to severance pay under the terms of the former Higher Education (Non-continuing Contract of Employment) Interim Award 1996, shall be entitled to severance pay in accordance with clause 15.9 above if no further contract is offered.