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

16. Non-continuing Employment Review Process

Unless otherwise provided elsewhere in this Agreement, all staff who are covered by this Agreement (except for those expressly excluded) and who have been employed either:

• on one or more Fixed-term contracts for a continuous period of 5 years or more; or,
• on a succession of casual appointments for a continuous period of 5 years or more

will, as early as possible but no later than the commencement of the notice period specified in their contracts or 5 weeks before the expiry of their terms of appointment, whichever is the earlier, be advised whether they will:

• be appointed to a continuing position;
• be given a contract of Employment of 2 or more years' duration;
• be offered a final Fixed-term contract;
• be offered a casual appointment; or,
• be offered no further Employment.

No staff member may be offered a continuing position or a further contract position for more than 2 years, unless:

• the staff member (except for casual staff member) was originally appointed to the position, or a similar position, through an open externally-advertised selection process;
• the staff member meets the mandatory selection criteria;
• the Head of Department makes an argued recommendation based on the performance of the staff member, and outlines the career development steps which will be implemented for the staff member; and,
• the relevant Head of the Budget Division certifies to the on-going requirement for the position.

In such circumstances, a staff member may be appointed without advertisement. otherwise, ordinary University policy on advertisement will apply and staff members will be free to apply and reapply in open competition for any advertised vacant position.

Provided that the following staff shall be excluded from the operation of this clause:

• staff employed for a specified task;
• staff employed for a project of definite and limited duration;
• staff whose Employment is funded by an external grant;
• staff whose contracts of Employment provide for payment of annual salaries in excess of those prescribed by this Agreement for their particular classification level;
• staff in receipt of an annual salary which exceeds the upper limit of the prescribed salary range for HEW level 9 as prescribed by this Agreement; and
• staff employed to cover the period of authorised absence of another staff member.