Contingent Funded Research
7Definitions
7.X “Contingent Funded Research” is research funded by limited term funding provided from external sources. It is not research which is funded in full or in part through an operating grant from Government or funding comprised of payment of fees made by or on behalf of students.
7.X "Continuing Employment" means all employment other than Fixed-Term Employment, Continuing Contingent Funded Research (Contingent Funded) Employment or Casual Employment.
7.X "Continuing Research (Contingent Funded)Research Employment" is a type of employment that may be terminated if contingent funding ceases or is insufficient to sustain the employmentavailable to Fixed-Term Employees whose employment is funded by contingent funding, and who are to be appointed to their second or subsequent consecutive contract.
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11Modes of Employment
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Continuing Research (Contingent-Funded) Research Employment (RCFECCFRE)
11.3 This clause applies to Academic and Professional Employees.
11.3 Purpose
11.3RCFE represents a type of employment available to Fixed-term Term employees Employees whose employment:
a. is funded by contingent funding; and
b. who are to be appointed to theiris a 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
11.4 An Academic or Professional Eemployee engaged on a Fixed-term Term contract in Contingent Funded Research may apply for, or be offered, aRCFE CCFRE contract where the employee:
a. theirthe appointment is wholly funded by Contingent Funded Research;
a.b. the employee is to be appointed to their a second or subsequent consecutive contract; and
b.c. the employee has at least been employed by the University for a period of twelve (12)12 months continuous serviceor more.
An Executive Dean or Institute DirectorThe University may, at their its absolute discretion, offer a CCFRE RCFE contract notwithstanding that noteven if not all of the above criteria are satisfiedmet.
11.5 An employee seeking CCFRE must apply in writing to the Chief Human Resources Officer (or nominee). The University will advise the employee in writing of the outcome of their application Applications from an employee seeking an RCFE contract must be made in writing to the University, which relevant Executive Dean or Institute Director, who will advise the employee in writing of the outcome within thirty (30)30 days of receiving the application. An application may be refused on reasonable grounds. Reasonable grounds may include but are not limited to:
a. the criteria in clause 11.4 are not satisfied, and the Executive Dean or Institute DirectorUniversity declines to exercise their discretion;
b. 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)3 year period;
c. the employee’s performance has not been assessed as satisfactoryUniversity has not raised concerns with the employee regarding their conduct or performance;
d. 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;
e. 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;
f. the employee is a student, and their status as a student was the primary reason for their appointment; and/or
g. the employee is a genuine retiree (including an employee who elected to change from Continuing employment toon a pre-retirement contract).
Conditions
11.6 Subject to clause 11.7 below, employees on CCFRERCFE will receive the same entitlements as Continuing employees, including superannuation.
11.7Unless 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 (clause ) where funding for continuation of a RCFE position ceases;
Outsourcing provisions (clause );
Termination of Employment, Notice Periods and Redundancy provisions including payments that apply to employees employed on a Continuing contract of employmentin Continuing Employment; or
Employees employed on other types of FixedfFixed-Tterm Eemployment or employment schemes as specified elsewhere under this Agreement.Cessation of Funding and Notice Period
11.7 Where Contingent Research Funding for an CCFRE position ceases, the following provisions in this Agreement do not apply:
a. Clause X (Termination of Employment);
b. Clause X (Notice Periods – Continuing Academic and Professional Employees);
c. Clause X (Notice Periods – Fixed-Term Employees); and
d. Clause X (Major Organisational Change).
11.8 If Contingent Research Funding for an CCFRE position ceases, the University will provide the employee with 4 weeks’ notice of termination, or 5 weeks if the employee is over 45 years of age.
11.811.9 Where the University provides an employee with notice in accordance with clause 11.8 above, 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:
a. Give notice and eEnable the employee to work out the notice period in the CCFRE position; .
b. The University may transfer Transfer the employee to another equivalent position for the period of the noticenotice period; or
c. Terminate the CCFRE and pay the employee in lieu of notice.
11.911.10Where the University ceases the CCFRE, the employee will be paid severance in accordance with clause 11.16.
The employee may be employed for the period of the notice using other available funding at the discretion of the University relevant senior manager, provided:
a. the use of such funding for employment of the employee is for a limited period; and
b. the Organisational Unit has a reasonable expectation that alternative research funding or a Continuing appointment will become available.
Effect on Notice Period
11.911.11 If the Ccontingent Research Ffunding for the CCFRE position is renewed during the notice period specified in clause 11.15, the position is renewed, the notice period will ceasesto apply and the employmee’s CCFREntwill continues.
11.10If 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 subject to:Bridging Period
11.12 If, at the end of the notice period, an application or process to renew the Contingent Research Funding supporting the CCFRE position is still pending, the University may, by agreement with the employee, extend the CCFRE for a period of up to 12 weeks (Bridging Period) to maintain continuity of service until the funding decision is made.
11.13 During the Bridging Period, the CCFRE may continue by one or more of the following arrangements:
a. any period of paid leave to which the employee is entitledthe employee requesting to take any accrued paid leave to which they are entitled;. In addition, the University may utilise one of the following options:
b. this a combination of paid leave may be supplemented by a period of unpaid leave (if applicable) up to a maximum of twelve (12)12 weeks, in order to maintain continuity of service until a decision on the contingent funding is madethe employee requesting to take a period of unpaid leave, where there is no paid leave available; or
b.c. the University identifies suitable alternative duties for the employee to perform.
e. by agreement, payment in lieu of leave (if such leave is available) may be delayed for a maximum of twelve (12)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
11.10 payment of severance may be:
a. delayed for up to a maximum of twelve (12)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.Outcome of Bridging Period
11.11At 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 11.15 in this Agreement) will be made to the employee.If Contingent Research Funding for the CCFRE position is renewed during the Bridging Period, the employee’s CCFRE will continue.
11.14
11.1511.12If Contingent Research Funding for the CCFRE position is not renewed by the end of the Bridging Period (or the Bridging Period otherwise ends) the employee’s CCFRE will cease, and the employee will be paid severance in accordance with clause 11.16.
Severance
11.16 An CCFRE employee whose employment is terminated in accordance with clause 11.9 or 11.15, will be paid a severance payment upon termination, in accordance with the following:
Period of Continuous Service: Severance pay (weeks)
More than 1 year but less than 2 years: 4
2 years or more but less than 3 years: 6
3 years or more but less than 4 years: 7
4 years or more but less than 8 years: 8
8 years or more but less than 10 years: 10
10 years or more but less than 14 years: 14
14 years or more: 16
Other Matters
11.1211.17 A break between contracts of up to six (6)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.
11.13The Supervisor will manage the above process on behalf of the University.
11.1811.14Nothing in this clause is intended to make an CCFRE employee’s conditions It is not the intention of this clause that the conditions of employment of a RCFE employee be less favourable than those of an if the employee had been employed in a Fixed-term positionengaged in Fixed-term Employment funded by subject to contingent funding. That is, an employee who is employed or converted to RCFE CCFRE would normally be engaged for the term of the funding supporting the position. Accordingly, the University shall will notmay terminate the employment of an employee on a RCFE CCFRE employee only ifcontract unless:
a. the cContingent ResearchFfunding that supports the CCFRE position ceases or is insufficient; or
b. 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.; or
c. termination is in accordance with this Agreement.
RCFE – Notice Periods and Eligibility for Severance Payments:
11.15 Notice periods and severance payments for RCFE are provided in this clause 11.1510.15. The provisions in clauses 79 and 81 of this Agreement do not apply to RCFE.An employee engaged on RCFE will be eligible for notice and severance payments in accordance with clauses 11.15c and 11.15d (below) if:
a. the employee is employed pursuant to this clause;
b. the employment is terminated under clause 11.14a or 10.14(b)11.14b above; and
c. a transfer opportunity as specified in clause 11.8a does not exist.
Eligible employees will be provided with a minimum of four (4)4 weeks’ notice of termination, or five (5)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)1 year but less than two (2)2 years: Four (4)4
Two (2)2 years or more but less than three (3)3 years: Six (6)6
Three (3)3 years or more but less than four (4)4 years: Seven (7)7
Four (4)4 years or more but less than eight (8)8 years: Eight (8)8
Eight (8)8 years or more but less than ten (10)10 years: Ten (10)10
Ten (10)10 years or more but less than fourteen (14)14 years: Fourteen (14)14
Fourteen (14)14 years or more: Sixteen (16)