1 Policy Statement

The University may engage fixed term employees for a defined or fixed period, by utilising full-time or fractional fixed term employment. 

(Approved by Council June 2000)

2 Procedures

2.1 Categories of fixed term employment

A fixed term contract - A fixed term employee may be appointed for a specified term or ascertainable period subject to the termination, change and redundancy provisions of the Enterprise Agreement. These appointments may be made for a term not normally longer than three years, will not normally be renewed and the employee should not have any expectation of continuity of employment.

A fixed term employee may be engaged on either a full-time or a fractional basis.

A fixed term employee will receive the entitlements of a continuing employee on a proportional basis determined by the employment period, except where stated otherwise in the Enterprise Agreement or by the superannuation trust deeds.

A fixed term appointment may only be made under the following categories:

2.1.1 Specific Task or Project

A specific task or project is a definable work activity with a start date and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, a specific task or project may include a period of employment provided for from identifiable funding external to the employer, 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.

2.1.2 Research

Research means work activity by an employee engaged on primarily research functions for a contract period not exceeding five (5) years.

2.1.3 Replacement Employee

A Replacement Employee is one who is:

• undertaking work activity replacing a full-time or fractional employee for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded away from their usual work area; or

• performing the duties of:

  • a vacant position for which the University has made a definite decision to fill and has commenced recruitment action; or

  • a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the University,

until a full-time or fractional employee is engaged for the vacant position or vacant higher duties position as applicable.

Upon the notification of the return of the incumbent employee due to unforeseen circumstances, including the early return of an employee absent on parental leave, replacement employees may be terminated with the provision of four (4) week’s notice.

In the event that the incumbent of a continuing position does not resume their substantive duties, the position will be deemed to be vacant and the University's competitive selection process will be utilised to fill the position.

2.1.4 Recent Professional Practice Required

Where a curriculum in professional or vocational education requires that work be undertaken by a person who has recent practical or commercial experience, such a person may be engaged on a fixed term appointment. Practical or commercial practice will be considered as “recent” only when it has occurred in the previous two (2) years.

2.1.5 Pre-Retirement Contract

Where a full-time or a fractional employee declares an intention to retire, the employee may seek to enter into a fixed term appointment for a period of up to five (5) years.

2.1.6 Studentship

A fixed term appointment may be adopted as the appropriate type of employment where a person is enrolled as a student provided that:

• the work is normally within the student’s academic unit or an associated research unit of that academic unit; and

• the work activity is generally related to the degree program that the student is undertaking within the academic unit.

Such employment:

• is 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

• will not be offered or made on the condition that the person offered the employment undertake the studentship.

2.1.7 Employment in a New Area of Activity

A fixed term appointment may be offered where the University introduces a new area of activity which requires additional position(s) and there is a demonstrable special case that resources for the position cannot be guaranteed beyond the specified term of employment. Any use of fixed term employment under this clause will be for a maximum period of three (3) years and will be regularly reported to the Staff Consultative Committee.

2.1.8 Disestablishment of an Area

Where an organisational work area consisting of at least three (3) employees (or in consultation with the relevant union(s) through the Staff Consultative Committee, fewer employees) has been the subject of a decision by the University to discontinue that work, fixed term employment may be offered in that area for a maximum period of three (3) years.

2.1.9 Apprenticeship or Traineeship

An apprentice or trainee employed pursuant to an apprenticeship or traineeship approved by the relevant State or Territory training authority.

2.2 Additional fixed term contracts

An additional fixed term contract - Under exceptional circumstances where the need arises for a fixed term employee to be offered another fixed term contract of employment, following consultation with the Executive Director, Human Resources, the Category 4 Delegate or above can approve a further fixed term contract of employment.  This additional fixed term contract of employment may be offered if the incumbent's performance has been adjudged satisfactory though a comprehensive performance review process.

For employees engaged on a 'specific task/project' or 'research' contract with more than 12 months service and who have had more than one fixed term contract, the University will provide severance payment where eligible.  The Termination of Employment policy and procedure contains more details on eligibility and payment of severance.

2.3 Recruitment and appointment of fixed term employees

2.3.1 Positions of six months or less duration

An appointment for a period of six months or less may be made without advertising the vacancy or applying the University's selection procedures. 

Faculties and sections are encouraged to use the Casual and Short-Term Employment Pool administered by Human Resources as the source for fixed term professional employees. After consultation with the Executive Director, Human Resources and in the event that a suitable candidate is not able to be located from this pool, faculties and sections may contact the University's preferred external employment agency as an alternate supplier of fixed term staff.

Alternatively, faculties and sections can request that Human Resources arrange advertising of a fixed term vacancy.

To make an appointment, the employing cost centre completes the Fixed Term Appointment form and obtains approval from the Category 4 Delegate or above. 

The employee is required to sign the form accepting the appointment and the conditions of employment as outlined therein.  The appointment form must be forwarded intact to Human Resources for checking and processing.

Irrespective of the source of funding (research grants etc) all appointments will be made at step one of the classification level unless authorised by the relevant delegate.

The Fixed Term Appointment form including all required signatures must be completed prior to the employee commencing duty. 

An employee engaged on a fixed term appointment will be provided with documentation specifying the starting and finishing dates of that employment; the classification level and salary; the hours of work; the probationary period and terms (where applicable); and other main conditions of employment.

2.3.2 Positions of more than six months duration

Appointments of more than six months must be preceded by advertising the vacancy and formal selection procedures. 

The employing cost centre must first seek approval to advertise the position by completing the Request to Advertise form which must be forwarded with the specified attachments to Human Resources.

The period of employment should reflect the project term in preference to multiple one year contracts, up to a maximum of three years. Appointment to senior positions may be for a period exceeding three years.  The procedures covering these appointments are outlined in the Appointments - Senior Positions policy and procedure.

In the case of research only appointments where a research project nominates specific persons, the Vice-Chancellor may approve, without prior advertisement, appointments up to five years. Appropriate documentation (including the research proposal), approval and details of the nomination must accompany the appointment recommendation.

Following approval the recruitment and selection process commences.  Refer to the Recruitment and Selection policy and procedure for more information.

Appointments to fixed term positions will be made by means of a written letter of engagement from the Executive Director, Human Resources detailing the terms of the appointment.  The appointment will be subject to a written acceptance from the appointee.

Where the preferred applicant declines the offer or, within a three month period of the closing date of the original vacancy advertisement the preferred applicant ceases employment and an identical position becomes vacant in the faculty or section, an offer can be made without readvertisement to the applicant who received the second highest ratings against the essential criteria as shown in the selection documentation.

The appropriate documentation including all required signatures must be completed prior to the employee commencing duty. An employee engaged on a fixed term appointment will be provided with documentation specifying the starting and finishing dates of that employment; the classification level and salary; the hours of work; the probationary period and terms (where applicable); and other main conditions of employment.

Irrespective of the source of funding (eg. research grants) all appointments will be made at step one of the classification level unless authorised by the relevant delegate.

2.4 Conversion to a continuing position

Prior to the expiration of a fixed-term appointment and following consultation with the Executive Director, Human Resources, the relevant delegate may seek approval to convert a fixed-term position to a continuing position where it is determined that there is an ongoing organisational need and budget allocation for the position on a continuing basis.

Where a position is converted from fixed term to continuing, the incumbent may be offered a continuing appointment provided that:

• the duties of the position remain substantially the same;

• the employee has been in the position for a period of more than 12 months;

• the employee was initially appointed to the University through a competitive selection process;

• the employee’s performance in the fixed term appointment has been determined as satisfactory through a comprehensive performance review process; and

• the employee has completed a probation period or they have been employed for a period of at least equal to the probation requirements. Where an employee has served less than the probation period , the incumbent may be offered a continuing appointment subject to probation with the length of probation reduced by the period of the fixed-term employment.

The relevant delegate may recommend the incumbent be offered a continuing appointment through the Executive Director, HR to the Vice-Chancellor for approval or otherwise.

Appointments to continuing positions will be made by means of a written letter of engagement from the Executive Director, Human Resources detailing the terms of the appointment.  The appointment will be subject to a written acceptance from the appointee.

Conversion does not apply to employees appointed under the Human Resources policy and procedure Appointment and Reappointment to Senior Positions.

2.5 Concurrent appointments

Where an employee is required to do additional work (irrespective of whether the work is for another faculty or section) a variation to their terms of engagement will be made. 

The Executive Director, Human Resources will advise the employee, in writing, of the variation to their conditions prior to the additional work being carried out.  Faculties or sections will be required to organise the payment of salaries where applicable. 

2.6 Secondments

A continuing employee may be appointed to a fixed term position by secondment where there is agreement between the employee, the Executive Director, Human Resources and the approving delegate.  A secondment will be on the understanding that the employee may return to the position held prior to the secondment.

For more information, refer to the Appointments by Internal Transfer or Secondment policy and procedure.

2.7 Employment of immediate family

If the proposed employee is an immediate family member of the Delegate recommending the appointment, the approval of the Delegate's supervisor is required.

2.8 Leave arrangements

Fixed Term employees must ensure that their annual leave is taken within the period of the contract. The relevant delegate must ensure that employees on fixed term contracts are given an opportunity to take all accrued annual leave prior to the expiry of the appointment.  If this leave is not taken the faculty or section must pay the cash equivalent of the pro-rata annual leave due upon conclusion of the fixed term contract.

2.9 Induction

The employing faculty or section must provide a new employee with an appropriate workplace induction which includes a workplace health and safety component.  This induction programme will cover the necessary components as outlined in the Employee Induction policy.

3 Other Policy Information