Fixed-Term and Casual Job Security
Claims
9. The Agreement will strengthen limitations on fixed term employment and insecure work
12. Improvements to casual staff working conditions, including by ensuring casual staff are paid penalty rates on public holidays.
Clauses
Below are the proposed adjusted clauses and the “better off overall test” that the bargaining team presented to management.
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Modes of Employment
Continuing Employment
10.1 Continuing employment means all employment other than Fixed-term, Research (Contingent Funded), or Casual employment.
10.2 Continuing employment continues until termination at the initiative of either the employer or the employee in accordance with the relevant provisions of this Agreement
Research (Contingent-Funded) Employment
Purpose
10.3 RCFE represents a type of employment available to Fixed-term employees whose employment is funded by contingent funding; and who are to be appointed to their second (2nd) or subsequent consecutive contract. It does not constitute continuing employment but rather is a means by which the University may recruit and retain employees and bridge the gaps between Fixed-term contracts which are dependent on contingent funding arrangements.
Eligibility
10.4 An employee engaged on a Fixed-term contract in Contingent Funded Research may apply for, or be offered, a RCFE contract where the employee:
is to be appointed to their second or subsequent consecutive contract; and
the employee has been employed by the University for a period of twelve (12) months or more.
An Executive Dean or Institute Director may, at their absolute discretion, offer a RCFE contract notwithstanding that not all of the above criteria are satisfied.
10.5 Applications from an employee seeking an RCFE contract must be made in writing to the relevant Executive Dean or Institute Director, who will advise the employee in writing of the outcome within thirty (30) days of receiving the application. An application may be refused on reasonable grounds. Reasonable grounds include:
the criteria in clause 10.4 are not satisfied, and the Executive Dean or Institute Director declines to exercise their discretion;
where it is unlikely that there will be sufficient revenue or funding available to provide ongoing support for the employee’s employment beyond a further three (3) year period;
the employee’s performance has not been assessed as satisfactory;
the employee is performing work which is predominantly related to discontinued, or discontinuing programs or a disciplinary area that is not being actively pursued by the University;
the employee does not have sufficiently transferable skills that would reasonably enable the University to redeploy the employee to another position within the University upon expiration of the existing research grant;
the employee is a student, and their status as a student was the primary reason for their appointment; and/or
the employee is a genuine retiree (including an employee who elected to change from Continuing employment to a pre-retirement contract).
Conditions
10.6 Subject to clause 10.7 below, employees on RCFE will receive the same entitlements as Continuing employees, including superannuation.
10.7 Unless otherwise provided for in this clause, the following provisions in this Agreement do not apply to employees on RCFE employment:
Organisational Change/Major Organisational Change provisions where funding for continuation of a RCFE position ceases;
Termination of Employment, Notice Periods and Redundancy provisions including payments that apply to employees employed on a Continuing contract of employment; or
10.8 Where an employee is employed on a RCFE contract and the funding ceases for whatever reason, the University may take one of the following actions in order to avoid immediate termination of employment on the cessation of the contract, noting that ordinarily notice would have been given:
The University may transfer the employee to another equivalent position for the period of the notice.
The employee may be employed for the period of the notice using other available funding at the discretion of the relevant senior manager, provided:
the use of such funding for employment of the employee is for a limited period; and
the Organisational Unit has a reasonable expectation that alternative research funding or a Continuing appointment will become available.
Effect on Notice Period
10.9 If the contingent funding for the position is renewed during the notice period specified in clause 10.15, the position is renewed, the notice period ceases to apply and employment continues.
10.10 If the notice period runs and expires with an application for renewal of the contingent funding for the position still pending, the period of employment may continue to the extent of any period of paid leave to which the employee is entitled. In addition, the University may utilise one of the following options:
this paid leave may be supplemented by a period of unpaid leave (if applicable) up to a maximum of twelve (12) weeks, in order to maintain continuity of service until a decision on the contingent funding is made;
by agreement, payment in lieu of leave (if such leave is available) may be delayed for a maximum of twelve (12) weeks, in order to maintain continuity of service. An employee may work under a temporary arrangement within the University during this period by agreement. When payment in lieu of leave is made, such leave balances will be reduced accordingly; or
payment of severance may be:
delayed for up to a maximum of twelve (12) weeks to maintain continuity of service, or
paid on termination, if it is agreed that the employee is not likely to be offered further employment by the University.
At the end of the notice period (and any such approved leave as detailed above), the employment relationship will cease and the severance payment (as per clause 10.15 in this Agreement) will be made to the employee.
A break between contracts of up to six (6) months will not constitute a break in continuity of service for the purposes of entitlements pursuant to this Agreement, but will not count as service for any purpose.
It is not the intention of this clause that the conditions of employment of a RCFE employee be less favourable than if the employee had been employed in a Fixed-term position subject to contingent funding. That is, an employee who is employed or converted to RCFE would normally be engaged for the term of the funding supporting the position. Accordingly, the University shall not terminate the employment of an employee on a RCFE contract unless:
the contingent funding that supports the position ceases or is insufficient;
the inherent nature of the work required has changed significantly and the skills and experience of the employee will not enable them to complete the requirements of the position; or
termination is in accordance with this Agreement.
10.15 RCFE – Notice Periods and Eligibility for Severance Payments:
Notice periods and severance payments for RCFE are provided in this clause 10.15. The provisions in clauses 68 and 70 of this Agreement do not apply to RCFE.
An employee engaged on RCFE will be eligible for notice and severance payment in accordance with clauses 10.15(c) and 10.15(d) (below) if:
the employee is employed pursuant to this clause;
the employment is terminated under clause 10.14(a) or 10.14(b) above; and
a transfer opportunity as specified in clause 10.8(a) does not exist.
Eligible employees will be provided with a minimum of four (4) weeks’ notice of termination, or five (5) weeks if the employee is over forty-five (45) years of age. The University may pay the employee in lieu of notice.
An eligible employee will be provided with a severance payment in accordance with the following:
Period of Continuous Service
Severance pay (weeks)
More than one (1) year but less than two (2) years
Four (4)
Two (2) years or more but less than three (3) years
Six (6)
Three (3) years or more but less than four (4) years
Seven (7)
Four (4) years or more but less than five years
Eight (8)
Period of Continuous Service
Severance pay (weeks)
five years or more but less six years
Ten (10)
Six years and less than seven
eleven
Seven years but less than eight
thirteen
Eight years and less than nine
fourteen
More than nine years
sixteen
Fixed-Term Employment
10.16 Fixed-term employment means employment on a full-time or part-time basis for a specified term or ascertainable period, for which the instrument of engagement may 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 occurrence of which the term of the employment will expire.
10.17 During the term of employment, the contract is not generally terminable by the University, other than during a probationary period, or for cause based upon serious or wilful misconduct, or a persistent pattern of unsatisfactory performance.
10.18 For the purpose of this Agreement and for the purpose of determining which provisions apply to Fixed-term employees other than long service leave, breaks between Fixed-term employment of up to two (2) times per year and of up to six (6) weeks on each occasion shall not constitute breaks in continuous service, but shall not count as service. Periods of approved unpaid leave shall not count for service and also shall not constitute breaks in service.
10.19 The use of Fixed-term employment must be limited to the employment of an employee engaged on work activity that comes within the description of 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 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.
Research means work activity by a person engaged on research only functions for a contract period not exceeding five (5) years.
Replacement employee means an employee:
undertaking work activity replacing a full-time or part-time 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:
a vacant position for which the employer 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 employer and in progress for that vacant higher duties position until a full-time or part-time employee is engaged for the vacant position or vacant higher duties position as applicable.
d. Recent professional practice required – Academic positions only
Where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged for a fixed period not exceeding two
(2) years.
e. Pre-retirement contract
Where a full-time or a part-time 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 type of employment for a period of up to five (5) years.
f. Fixed-term employment subsidiary to studentship
Where a person is enrolled as a student, Fixed-term employment may be adopted as the appropriate type of employment for work activity, notwithstanding that the work being undertaken might also fall within one of the other circumstances described in this clause. This applies where the work generally relates to a degree course that the student is undertaking within the academic unit and:
such Fixed-term 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.
g. New program of study
Where the University offers a new program and there is a demonstrable uncertainty as to the viability of that program, a Fixed-term contract may be offered for an additional position provided that the period of the fixed -term contract shall not exceed two (2) years and the contract is not extended more than once.
h. Discontinued program of study
Where a formal decision has been made to phase out an academic area represented by a program, a Fixed-term contract may be offered to meet commitments to students provided that the period of the fixed-term employment shall not exceed two (2) years and the contract is not extended more than once.
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i. Apprenticeship or traineeship
An apprentice or trainee employed pursuant to an apprenticeship or traineeship approved by the relevant training authority. An apprenticeship or traineeship will be terminable in accordance with the relevant training agreement.
j. Decrease in enrolments
Consistent with the University’s commitment to the appropriate use of Casual employment, Fixed-term appointments may be used for up to two (2) years where:
there is a demonstrable likelihood based on available data of a significant decrease in enrolments;
this is likely to require a reduction in future employee numbers;
there is a need, in the period leading up to the decrease in enrolments, to cover work of a type that could reasonably be expected to be affected by the decrease in enrolments and
the contract is not extended more than once for a total contract of no more than two years.
It is a requirement for the use of such Fixed-term appointments that there is a correlation between the number of Fixed-term appointments made and the numbers and area(s) of forecast decrease in enrolments.
If at the end of the Fixed-term appointment, the work is considered to be continuing, the relevant employee(s) will be offered a Continuing appointment where the employee(s) was appointed through a merit-based selection, has demonstrated continued satisfactory performance and where no Continuing employees in substantively similar positions within the organisational area are proposed to be made redundant.
k. Organisational Change
A Fixed-term appointment may be offered where the contract is for a period not exceeding two years, and:
an organisational work area has been the subject of a decision by the
University to discontinue that work within a two years, or
the provisions of this Agreement in relation to Organisational Change and Major Organisational Change (clauses 69 and 70) have been initiated and there is genuine uncertainty regarding the continuing need for vacant positions, until the change is implemented.
the contract is not extended more than once for a total contract period of no more than two years.
l. Clinical internship
A recent graduate from The University of Queensland may be appointed to a University- operated clinic for a fixed period of up to twelve (12) months, where the primary responsibility of the position is to gain experience in the clinical setting. Employees appointed to these positions may make a contribution to the teaching of undergraduate students in the relevant Organisational Unit. This is a training position which will be predominantly clinical in focus.
This appointment may be renewed once for a period of up to twelve (12) months only. For the purpose of this clause, recent graduate, means a person who has graduated from The University of Queensland in the three (3) years preceding their appointment.
m. Head of School
An appointment may be made to the position of Head of School for a fixed period of up to five (5) years. Where an existing employee with a substantive continuing appointment is appointed to a Head of School position, they will not be required to relinquish their Continuing appointment.
n. Any other reason
As agreed between the University and the parties to this Agreement so long as the contract is not extended more than once for a total contract period of no more than two years.
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Eligibility for Professional Employee Fixed-Term Conversion
12.1 Subject to clause 12.2, where a Professional employee has completed two contracts in the same, or substantially similar, positions over a period of two years, they will be eligible to apply for conversion to Continuing Employment.
12.2 Upon application, an employee will be converted provided they:
are undertaking work of a continuing nature;
were appointed through a merit-based selection process for at least one of the Fixed-term appointments; and
are meeting and maintaining University work performance expectations
A Fixed-term employee must not have their employment terminated or not renewed, nor have their hours reduced in order to avoid any obligation under this clause.
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Clause 16 – Casual Conversion: Teaching Associate Positions
16.1
The intent of this clause is to substantially reduce the ongoing use of casual academic employment by providing an enforceable pathway to continuing variable intensity academic employment for current Casual Academic employees through Teaching Associate positions at the University.
A Teaching Associate Appointment provides for the Continuing appointment of an existing Casual Academic employee who meets the eligibility criteria set out in this clause, as an Associate Lecturer (Level A, Step 6) or Lecturer (Level B, Step 2) commensurate with the Casual level to which the employee is appointed at the time of conversion to undertake a teaching intensive workload.
16.2
Any Casual Academic employee who has undertaken a teaching allocation of at least 0.2 FTE, measured over teaching weeks, in an Organisational Unit/s, in at least four (4) semesters in the last four (4) years will have the right to conversion to a Teaching Associate Appointment Teaching allocation will include, teaching and teaching-related work, including all associated work included in the “minimum engagement”, plus any “other required academic activity” such as separate marking, consultation or course-related administration
16.3
An Academic employee who has been engaged on a Fixed-term contract for the primary purpose of undertaking course coordination duties and in the prior 2 years has been employed as a Casual Academic employee will remain eligible to apply to their Organisational Unit for conversion to a Teaching Associate Appointment in accordance with clause 16.2.
A casual Academic employee who has also been engaged as a Fixed-term employee to undertake teaching and/or teaching-related duties, will have their period/s of service in those Fixed-term positions counted towards the eligibility in clause 16.2 .
16.4
A Casual employee must not be engaged and re-engaged, nor have their hours reduced in order to avoid their eligibility for conversion to a Teaching Associate Appointment.
16.4(a)
The University will provide all casual employees an information statement annually about their rights to convert to a Teaching Associate position pursuant to this clause.
16.5
The University will fill Teaching Associate positions in each twelve (12) month period following certification of this Agreement in accordance with the following minimum targets:
positions equivalent to no less than 15% of the total casual academic teaching workforce (measured by FTE) annually;
consider where possible, an order of priority from the longest serving Casuals to the most recently employed; and
align appointments with the University’s diversity targets and aspirations.
16.6
Employees who are Teaching Associates or remain Casual Academic employees remain eligible at all times to apply for other academic roles.
Fractional Appointment and Workloads
16.7
Teaching Associate Appointments will be appointed at a fraction of no less than 0.2FTE. Any change in fraction or workload mix either temporarily or permanently is subject to approval by the Head of School and agreement with the employee.
16.8
Teaching Associate Appointments will have an FTE level no less than the employee’s intensity of Casual employment for the previous four (4) semesters in which the employee was employed, and in alignment with the Academic Workload Model used in the relevant area. This appointment will include a research allocation of 10% and a 10-20% workload allocation for administrative tasks such as managing a tutor team, citizenship, training, and development activities relevant to the role. Non-teaching activities identified here, for example, research and development activities, while still included in the 20% work allocation can be undertaken at any time throughout the year, with agreement of the Supervisor.
16.9
Teaching Associate Appointments will be employed on a variable intensity basis, with the intensity of hours required varying throughout the academic year, with the greatest intensity occurring during the teaching periods. The varying intensity across the weeks worked will be determined in consultation between the Head of School and the employee having regard to the range of duties expected to be performed, including appropriate inclusion of activities required outside of teaching weeks such as teaching preparation prior to the commencement of a teaching semester, marking and research workload allocation.
16.10
Unless otherwise agreed with the University, accrued annual leave will be taken outside of the teaching periods.
16.11
Teaching Associates will be subject to the normal processes for Continuing academic appointments, including confirmation, incremental progression and promotion and transition of academic category.
Grounds for refusal
16.12
An application for conversion may only be refused where:
(i) the employee does not meet the eligibility criteria; or
(ii) there is demonstrable evidence that the work performed is not ongoing in nature.
The University bears the onus of proof in establishing any ground for refusal, and any refusal must be provided to the employee within 28 days of application in writing and include:
(i) detailed reasons; and
(ii) the evidence relied upon.
Review and appeal
16.13
An employee whose application for conversion is refused may seek a review of the decision within 21 days of receiving the decision in writing. The review will be conducted jointly within 28 days of the employee seeking the review by a representative of the University and the Union, and will assess whether the eligibility criteria were correctly applied. The panel may affirm the decision or direct that the employee be converted, with written reasons for the decision provided to the employee.
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Clause 16 – Casual Conversion: Teaching Associate Positions
16.1
The intent of this clause is to substantially reduce the ongoing use of casual academic employment by providing an enforceable pathway to continuing variable intensity academic employment for current Casual Academic employees through Teaching Associate positions at the University.
A Teaching Associate Appointment provides for the Continuing appointment of an existing Casual Academic employee who meets the eligibility criteria set out in this clause, as an Associate Lecturer (Level A, Step 6) or Lecturer (Level B, Step 2) commensurate with the Casual level to which the employee is appointed at the time of conversion to undertake a teaching intensive workload.
16.2
Any Casual Academic employee who has undertaken a teaching allocation of at least 0.2 FTE, measured over teaching weeks, in an Organisational Unit/s, in at least four (4) semesters in the last four (4) years will have the right to conversion to a Teaching Associate Appointment Teaching allocation will include, teaching and teaching-related work, including all associated work included in the “minimum engagement”, plus any “other required academic activity” such as separate marking, consultation or course-related administration
16.3
An Academic employee who has been engaged on a Fixed-term contract for the primary purpose of undertaking course coordination duties and in the prior 2 years has been employed as a Casual Academic employee will remain eligible to apply to their Organisational Unit for conversion to a Teaching Associate Appointment in accordance with clause 16.2.
A casual Academic employee who has also been engaged as a Fixed-term employee to undertake teaching and/or teaching-related duties, will have their period/s of service in those Fixed-term positions counted towards the eligibility in clause 16.2 .
16.4
A Casual employee must not be engaged and re-engaged, nor have their hours reduced in order to avoid their eligibility for conversion to a Teaching Associate Appointment.
16.4(a)
The University will provide all casual employees an information statement annually about their rights to convert to a Teaching Associate position pursuant to this clause.
16.5
The University will fill Teaching Associate positions in each twelve (12) month period following certification of this Agreement in accordance with the following minimum targets:
positions equivalent to no less than 15% of the total casual academic teaching workforce (measured by FTE) annually;
consider where possible, an order of priority from the longest serving Casuals to the most recently employed; and
align appointments with the University’s diversity targets and aspirations.
16.6
Employees who are Teaching Associates or remain Casual Academic employees remain eligible at all times to apply for other academic roles.
Fractional Appointment and Workloads
16.7
Teaching Associate Appointments will be appointed at a fraction of no less than 0.2FTE. Any change in fraction or workload mix either temporarily or permanently is subject to approval by the Head of School and agreement with the employee.
16.8
Teaching Associate Appointments will have an FTE level no less than the employee’s intensity of Casual employment for the previous four (4) semesters in which the employee was employed, and in alignment with the Academic Workload Model used in the relevant area. This appointment will include a research allocation of 10% and a 10-20% workload allocation for administrative tasks such as managing a tutor team, citizenship, training, and development activities relevant to the role. Non-teaching activities identified here, for example, research and development activities, while still included in the 20% work allocation can be undertaken at any time throughout the year, with agreement of the Supervisor.
16.9
Teaching Associate Appointments will be employed on a variable intensity basis, with the intensity of hours required varying throughout the academic year, with the greatest intensity occurring during the teaching periods. The varying intensity across the weeks worked will be determined in consultation between the Head of School and the employee having regard to the range of duties expected to be performed, including appropriate inclusion of activities required outside of teaching weeks such as teaching preparation prior to the commencement of a teaching semester, marking and research workload allocation.
16.10
Unless otherwise agreed with the University, accrued annual leave will be taken outside of the teaching periods.
16.11
Teaching Associates will be subject to the normal processes for Continuing academic appointments, including confirmation, incremental progression and promotion and transition of academic category.
Grounds for refusal
16.12
An application for conversion may only be refused where:
(i) the employee does not meet the eligibility criteria; or
(ii) there is demonstrable evidence that the work performed is not ongoing in nature.
The University bears the onus of proof in establishing any ground for refusal, and any refusal must be provided to the employee within 28 days of application in writing and include:
(i) detailed reasons; and
(ii) the evidence relied upon.
Review and appeal
16.13
An employee whose application for conversion is refused may seek a review of the decision within 21 days of receiving the decision in writing. The review will be conducted jointly within 28 days of the employee seeking the review by a representative of the University and the Union, and will assess whether the eligibility criteria were correctly applied. The panel may affirm the decision or direct that the employee be converted, with written reasons for the decision provided to the employee.
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Schedule 4 Casual Academic Employees
1.1 The University shall have systems in place which ensure that Casual employees are being paid for all time worked pursuant to the terms of this Agreement and their contract of employment.
1.2 When offering Casual employment, the work allocation will be clarified and confirmed in writing, normally before commencing work.
1.3 If a casual employee is not successful in obtaining reemployment as a casual academic in a course they have previously taught, they will be provided with the reasons for such refusal within 7 days of casual teaching appointments being offered.
1.4 If a casual employee is not successful in obtaining reemployment for the number of hours they have applied for, and which they have previously taught, they will be provided with the reasons for such refusal within 7 days of casual teaching appointments being offered.
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Higher Education Industry - General Staff - Award 2020 at 11 May 2026 table B2.2
Based on Casual Rate HEW level 3.1. Based on 38 hour week non PACCT staff.
Base rate: $28.23 per hour
Casual rate (includes 25% casual loading): $35.29 per hour
Saturday rate (175% base rate): $49.40 per hour
Sunday rate (225% base rate): $63.52 per hour
Public Holiday (275% base rate): $77.63 per hour
Afternoon or rotating night shift: $40.87 per hour
UQ EA 2021 – 2026 at 11 May 2026
HEW 3.1 Annual rate = $68,939.72 – based on 36.25 hour week.
Weekly rate = $1325.76
Hourly rate = $36.57
Casual hourly rate = $45.72
Conclusion – casual employees are better off overall on the Award than the UQ EBA when working on Saturdays, Sundays and public holidays.
Presented on 7/5/26.
Management Responses
The bargaining team presented these claims to management at the bargaining meeting on 7/5/26. Management took the clauses under advisement. In subsequent meetings the following responses were given by management
Academic Casual conversion - No response. Management believe the existing clauses are working and casuals are being converted to more secure employment at a good rate. The bargaining team pointed out that there are wide-ranging issues casuals are having when trying to get their conversion and that the number of casuals converted is lacking.
Professional casual conversion - defer to Fair Work act.
Professional fixed term - verbally statement that partial change is needed, but found issue on semantics around some terms like ‘organisational unit’.