In the case of Academic and General staff, “fixed term employment” means full-time or part-time employment for a specified term or other ascertainable period under a contract that contains a starting date and an end date or, instead of an end date, a contingency relating to a specified task or project upon which the contract will come to an end. Such a contract may be terminated before the specified end date or contingency in accordance with the terms of this Agreement.

From the commencement of this Agreement, fixed term academic and general staff appointments may be entered into only in the following circumstances:

1. to work on a specific task or project where a definable work activity has a starting time and which is expected to be completed within an anticipated timeframe;
2. to perform work that is Externally Funded;
3. to work in a research only role for a term of up to five years;
4. to work in a new organisational area, function or program where the prospective need or demand for which is uncertain or unascertainable at the time of establishment of the new area, function or program, in which case fixed term employment may be offered for up to three years;
5. to work in an academic unit where there is a sudden unanticipated increase in enrolments in which case fixed term employment may be used for up to three years;
6. to work in an area that is performing one or more functions or teaching one or more programs which will cease within a reasonably certain time. Where part or all of an organisational unit is to be disestablished, staff may be employed on a fixed term contract of up to two years;
7. to replace another staff member for a specified period while they are absent on leave, secondment or temporary transfer, or are undertaking higher duties, restricted duties, or have elected to work part-time for a specified period;
8. to fill a vacant position pending recruitment action where the position has been advertised or approved for advertisement, in which case the replacement staff member may be employed on nomination for up to six months, with capacity for extension for a further period of up to six months. This category of replacement staff member may only be used once for each vacancy that occurs;
9. to undertake an apprenticeship or participate in a traineeship scheme which includes an approved course of training or study;
10. to undertake a postgraduate fellowship in accordance with clause 37;
11. to undertake work where a curriculum in professional or vocational education requires that the work be undertaken by a staff member who has recent practical or commercial experience, in which case a staff member may be employed on up to three successive contracts within a total period of employment of up to five years;
12. pursuant to a “pre-retirement contract” for a period of up to five years ending on the date on which the staff member has indicated that they intend to retire; or
13. to provide a series of lectures on a part-time basis as a guest specialist whose primary employment is as a professional or specialist employed in the provision of services.

Nothing in clause 21 affects the validity or operation of any fixed term contract that was entered into before the commencement of this Agreement. However, such fixed term contracts may be renewed after the commencement of this Agreement only if they fall within one or more of the categories listed in clause 21.

Except where specified otherwise, provisions relating to salary (including incremental advancement), probation, termination of employment, leave and all other entitlements contained in this Agreement apply to fixed term staff. Academic staff may apply for promotion in accordance with the University’s Academic Staff Promotion Policy.

Except where a staff member is re-employed (on either a fixed term or continuing basis) or their employment is terminated earlier in accordance with this Agreement, the staff member’s employment will end on the specified end date or occurrence of the contingency specified in the staff member’s contract of employment.

A staff member employed for a fixed term with an end date will be notified in writing before the end of their term, task or project:

1. whether the University proposes to retain the same position, or a substantially similar position, for a further term; and
2. whether they will be offered a further term of employment.

A staff member employed for a fixed term with a contingency instead of an end date will be notified in writing before the contingency is invoked.

The minimum notification period under clauses 25 and 26 will be as follows:

* The minimum notification period will be increased by one week for a staff member who has completed at least 2 years’ continuous service and is aged 45 years or over.

If a decision about the retention of the position cannot be made within the timeframe specified in clause 27 due to uncertainty about the availability of External Funding, the University will notify the affected staff member within the timeframes specified in clause 27 to this effect and provide notification in relation to the retention of the position and further employment as soon as practicable thereafter.

If the University decides to retain the same position or a substantially similar position for a further term, employment in the position will be offered to the incumbent provided that:

1. the incumbent has, or will have at their contract end date at least 12 months Continuous Service with the University;
2. the incumbent’s appointment to the position was made following a competitive selection process;
3. the incumbent’s performance in the role has matched expectations set and adopted during their employment and has been assessed as at least satisfactory in accordance with the University’s Performance Management and Development Program;
4. the incumbent has demonstrated the capacity to meet the future expectations of the position (including any new duties or skills that may be required) according to their Performance Management and Development Plan and the Faculty’s strategic directions; and
5. the incumbent’s fixed term employment was not for any of the reasons specified in clauses 21(g) to (m).

Subject to clause 34:

1. a staff member who has been employed on a fixed term contract:

   1. requiring them to work on a specific task or project; or
   2. that is Externally Funded; or
   3. to undertake research only functions, and
2. who seek to continue their employment after the end of their specified term, task or project and are not offered further employment; and

3. whose contract is not renewed because:

   1. in the case of a staff member employed on a second or subsequent fixed term contract, the same (or substantially similar) duties are no longer required by the University; or
   2. the duties of the kind performed in relation to the work continue to be required but another person has been appointed, or is to be appointed to the same (or substantially similar) duties;

will be entitled to severance pay in accordance with either clauses 31 or 32.

A staff member employed on a fixed term contract:

1. requiring them to work on a specific task or project; or
2. that is Externally Funded (but where the contract is not contingent); or
3. to undertake only research functions;

will be entitled to severance pay in accordance with the following scale:

A staff member employed on:

1. multiple (i.e. successive) fixed term contracts that have been Externally Funded (but where the contract is not contingent); or
2. one or more fixed term contracts that have been Externally Funded where the contract has a contingency instead of an end date and the contingency has been invoked;

will be entitled to severance pay in accordance with the following scale in place of any entitlement under clause 31:

Subject to clause 34, a staff member who was employed on a fixed term contract before the commencement of this Agreement other than a contract:

1. requiring them to work on a specific task or project; or
2. that is Externally Funded; or
3. to undertake only research functions;

   will be eligible for severance pay in accordance with the scale below if their contract is not renewed and:

   1. they wish to continue their employment after the end of their specified term; and
   2. their contract is not renewed because:
      1. in the case of a staff member employed on a second or subsequent fixed term contract, the same (or substantially similar) duties are no longer required by the University; or
      2. the duties of the kind performed in relation to the work continue to be required but another person has been appointed, or is to be appointed to the same (or substantially similar) duties.

No severance payments will be made to a staff member who:

1. is offered suitable alternative employment, whether such offer is accepted or not;
2. was employed as a postgraduate fellow;
3. was employed as a replacement staff member;
4. was employed for up to five years on a pre-retirement contract;
5. was employed for up to five years to undertake work where recent practical or commercial experience is required;
6. was employed for up to three years in response to a sudden and unanticipated increase in enrolments;
7. was employed for up to three years by a new organisational area to perform function/s or teach in program/s that had not been performed or taught previously, the prospective need or demand for which is uncertain or unascertainable at the time of establishment of the unit;
8. was employed for up to two years where part or all of the organisational unit concerned is to be disestablished;
9. was a postgraduate student employed to perform work related to their course of study;
10. was employed on a part-time basis as a guest specialist to provide a series of lectures and whose primary employment is as a professional or specialist employed in the provision of services;
11. was employed to fill a vacant position pending recruitment action where the position has been advertised or approved for advertisement, in which case the replacement staff member may be employed on nomination for up to six months, with capacity for extension for a further period of up to six months. This category of replacement staff member may only be used once for each vacancy that occurs;
12. was employed to undertake an apprenticeship or participate in a traineeship scheme which includes an approved course of training or study; or
13. accepted an offer of employment to a fixed term role other than as a result of redeployment having been employed on a continuing basis immediately prior to the commencement of their fixed term.

Where the University notifies a fixed term staff member in writing that further employment may be offered within six weeks of the expiration of their fixed term, any severance payments to which the staff member would be entitled in the event that no such offer of employment is made will be deferred until either:

1. four weeks after the expiration of the staff member’s fixed term; or
2. the University notifies the staff member that no such offer of further employment will be made;

whichever occurs first.

Subject to compliance with taxation laws, severance payments made under clauses 31 to 33 will be treated as employment termination payments.

Students enrolled at the University on a full-time or part-time basis for a Masters or Doctoral degree may be employed as postgraduate fellows for a specified term, provided that such term must not exceed the maximum duration of their candidature. Subject to clause 38, a postgraduate fellow’s employment will terminate on the specified end date of their contract or immediately upon the cessation of their full-time enrolment as a postgraduate student.

A postgraduate fellow who successfully completes the requirements for their postgraduate award course may remain in their position for the balance of the term of their contract.

Nothing in clauses 37 or 38 precludes the termination of a postgraduate fellow’s employment in accordance with this Agreement.

Postgraduate fellows will be employed in accordance with the following conditions:

1. workloads for postgraduate fellows will achieve a balance between the demands of their fellowship and progress towards successful completion of their research candidature consistent with the University’s policies relating to postgraduate studies and research expectations. In doing so, a balance should be provided between research expectations and a teaching load to achieve the strategic directions of the University;
2. postgraduate fellows may be employed on a part-time basis for up to 20 hours per week to undertake teaching and related work; and
3. except where specified otherwise, provisions relating to leave and all other entitlements except for severance pay contained in this Agreement apply to postgraduate fellows on a pro rata basis.

Where an Academic or General staff member is employed on a fixed term contract in a Contract Research Position, the following provisions will apply:

1. an appointee to a Contract Research Position may be employed on subsequent research grants. A break between contracts of up to six months will not constitute a break in continuity of service, but will not count as service for any purpose;
2. the duration of a fixed term contract offered for a Contract Research Position will correspond with the term of the research grant, or balance of the research grant, from which the position is funded provided that there is sufficient funding and suitable work available for the appointee under the grant; and

3. Contract Research Staff who are employed on a second or subsequent contract as a contract researcher and have at least three years’ Continuous Service may apply for conversion to “funding contingent” continuity of employment, subject to the following requirements:

   1. the staff member must have achieved a Performance Management and Development assessment rating of at least “satisfactory”; and
   2. the relevant Delegate must be satisfied that:
      1. there is likely to be sufficient revenue or funding streams to provide continuing support for the staff member’s employment; or
      2. the staff member has generic and transferrable skills in addition to their research speciality, and those skills are subject to ongoing demand within the University.

Applications under clause 41(c) must be made in writing to the relevant Delegate, who will review the application and advise the staff member in writing of the outcome within 30 days of receipt of the application.

The University may refuse an application for conversion under clause 41(c) on the grounds that:

1. the criteria in clause 41(c) are not satisfied; or
2. the staff member is a student, and their status as a student was the primary reason for their appointment; or
3. the staff member is a genuine retiree (including a staff member who elected to change from continuing employment to a pre-retirement contract); or
4. the conduct of the staff member has not been satisfactory.

Contract Research Staff who have worked at the University for over ten years will be converted to Funding Contingent Continuing Employment on a case by case basis, subject to achieving a Performance Management and Development assessment rating of at least “satisfactory”, with defined objectives and key performance indicators.

Contract Research Staff will be entitled to notification, access to renewal and severance pay in accordance with clauses 24 to 34.

Where a Contract Research Staff member’s employment is converted to Funding Contingent Continuing Employment and the relevant External Funding ceases for reasons outside the staff member’s control, and the University is not able to redeploy the staff member or obtain suitable employment for them, the staff member’s employment will be terminated on grounds of redundancy, and they will receive four weeks’ notice (or pay in lieu of notice) plus severance pay in accordance with the following scale: