Fixed Term Employment
Fixed-Term Employment
11.16 Fixed-term Term employment Employment means employment on a fullFull-time Time or partPart-time Time basis for a specified term or ascertainable period., for whichthe 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 shall will expire.
11.17 During the term of employment, the contract is not generally terminable by the University, other than:
a. during a probationary period;, or
b. for Misconduct / cause based upon Sserious or wilful Mmisconduct;, or
c. medical conditions affecting work capacity;
c.d. redundancy; or
d.e. a persistent pattern of forunsatisfactory Unsatisfactory performancePerformance.
11.18 For the purpose of this Agreement and for the purpose of determining which provisions apply to Fixed-term Term employees Employees other than long service leave, breaks between Fixed-term Term employment Employment of up to two (2)2 times per year and of up to six (6)6 weeks on each occasion or periods of approved unpaid leave:
a. shall will not constitute breaks in continuous service;, andbut
b. shall will not count as service. Periods of approved unpaid leave shall not count for service and but also shall not constitute breaks in service.
11.19 The use of Fixed-term Term employment 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 or a circumstance that is permitted under the Fair Work Act:
a. 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.
b. Research means work activity by a person engaged on research only functions for a contract period not exceeding five (5)5 years.
c. Replacement employee means an employee:
(i) undertaking work activity replacing a fullFull-time Time or partPart-time Time employee 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
(ii) performing the duties of:
(iii) a vacant position for which the employer has made a definite decision to fill and has commenced recruitment action; or
(iv) 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 fullFull-time Time or partPart-time Time employee Employee is engaged for the vacant position or vacant higher duties position as applicable.
d. Recent professional practice required
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)2 years.
e. Pre-retirement contract
Where a fullFull-time Time or a partPart-time Time employee Employee (with at least a 50% employment arrangement (i.e. FTE 0.5 and above)) 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)5 years.
Subject to meeting operational requirements, no written request by an employee to enter into a pre-retirement contract, in accordance with this clause, will be unreasonably refused.
f. Fixed-term employmentFixed-Term Employment subsidiary to studentship
Where a person is enrolled as a student, Fixed-term employmentFixed-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:
(i) such Fixed-term employmentFixed-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
(ii) an offer of Fixed-term employmentFixed-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 use of Fixed-term employmentFixed-Term Employment shall will not exceed two (2)2 years.
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 use of Fixed-term employmentFixed-Term Employment shall will not exceed two (2)2 years.
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 cCasual employment, Fixed-term appointments may be used for up to two (2)2 years where:
(i)there is a demonstrable likelihood based on available data of a significant decrease in enrolments;
(ii) this is likely to require a reduction in future employee numbers; and
(iv) 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.
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 Oorganisational area Unit are proposed to be made redundant.
k. Organisational Change
A Fixed-term appointment may be offered where:
(i) an organisational work area has been the subject of a decision by the University to discontinue that work within a specified timeframe, or
(ii) the provisions of this Agreement in relation to Minor Organisational Change or Major Organisational Change (clauses X and X) have been initiated and there is genuine uncertainty regarding the continuing need for vacant positions, until the change is implemented.
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)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)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)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 two (52) years, unless a greater period is permitted under the Fair Work Act. Where an existing employee with a substantive continuing Continuing appointment Employment is appointed to a Head of School position, they will not be required to relinquish their Continuing appointmentEmployment.
n. Any other reason
As agreed between the University and the parties to this Agreement.
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74. Fixed-Term Employees
74.1 This clause applies to Fixed-Term Academic and Professional Employees. It does not apply to:
a. Continuing Employees – see clause X;
b. employees in Probation – see clause X; and
c. Casual Employees – no notice of termination applies.
74.174.2Fixed-Term Employees – Notice of Cessation
a. The University shallwill provide a Fixed-term Eemployee written notice of the University’s intention to renew or not to renew employment with the employee upon the expiry of the contract. The notice period shallwill be the greater of either:
(i) Any any entitlement to notice, of the University’s intention to renew employment or not upon expiry of the contract of employment, contained in the employee’s contract of employment; or
(ii) the amount of notice set out in the following tables:
Period of continuous service: Period of notice
Less than three (3)3 years: At least two (2)2 weeks.
Three (3)3 years or more but less than five (5)5 years: At least three (3)3 weeks.
Five (5)5 years or more: At least four (4)4 weeks.
b. In addition to the notice set out in the table above, a Professionalnemployee Employee over the age of forty-five (45) years at the time of the giving of notice and with not less than two (2)2 years continuous service shallwill be entitled to an additional one (1)1 weeks’ notice.
c. Where because of unforeseen circumstances relating to the provision of income from sources external to the University, the University is not reasonably able to give the notice required by this sub-clause, it shallwill be sufficient compliance with this sub-clause if the University:
(i) advises the employee in writing of those circumstances by the latest time at which the notice would otherwise be required to be given', and
(ii) gives notice to the employee at the earliest practicable date thereafter.
74.274.3 Action on Completion of a Fixed-Term Contract
a. Where it is determined that the position will continue as a Fixed-term Term appointmentEmployment, tThe University will offer the incumbent employee a further Fixed-Term appointment renewal in the position where:
(i) the University determines that the same or substantially similar duties of the position are required to be performedcontinue as they were at the date of expiry of the appointment on a Fixed-Term a basis;
(ii) the employee was initially appointed to the existing Fixed-Term position through a merit-based selection process or a was named in a successful research grant; and
(iii) the University has not raised concerns with the employee regarding their conduct or performance; and
(iv) the new Fixed-Term appointment otherwise complies with the Fair Work Act.
(i) Subject to the conditions set out in clause 74.3(a), where the new Fixed-Term appointment is for:
b.
(i) 2 years or less, the University will offer the incumbent a further Fixed-Term appointment in the position; or
(ii) More than 2 years, the University may, at its discretion, offer the incumbent a further Fixed-Term appointment in the position, or advertise the position.
74.3 the new Fixed-term appointment is for two (2) years or less; and.
74.4 the renewal otherwise complies with the Fair Work Act.
74.5 Where the new Fixed-term Term appointment pursuant to this clause is for a period of more than two (2)2 years the position may be:
74.6 offered to the incumbent; or
74.7 advertised at the discretion of the University.
74.874.4Fixed-Term Employees – Severance Pay
a. A Fixed-term Term employee Employee whose contract of employment is not renewed will be entitled to a severance payment if the employee:
(i) seeks to continue employment; and
(ii) is employed on a second or subsequent consecutive Fixed-term Term contract and the same or substantially similar duties are no longer required by the University; or
(iii) is employed on a Fixed-term Term contract but another person has been appointed, or is to be appointed, to the same or substantially similar duties.
b. Where the University advises an employee in writing that further employment may be offered within six (6)6 weeks of the expiry of a period of Fixed-term Term employmentEmployment, the severance payment may be deferred for a maximum period of four (4)4 weeks from the expiry of the period of Fixed-term Term employmentEmployment.
c. If the University obtains and/oroffers acceptable alternative employment on substantially similar terms for to an employee who would otherwise have been entitled to a severance payment, then that employee is will not be not entitled to a severance payment.
d. Severance payments will be calculated for a period of continuous service in Fixed-term positions, as follows:
Period of continuous service in Fixed-term positions
Severance pay
Less than one (1)1 year: Nil
One (1)1 year or more but less than two (2)2 years: Four (4)4 weeks’ pay
Two (2)2 years or more but less than three (3)3 years: Six (6)6 weeks’ pay
Three (3)3 years or more but less than four (4)4 years: Seven (7)7 weeks’ pay
Four (4)4 years or more: Eight (8)8 weeks’ pay
e. For the purpose of this clause, breaks between Fixed-term Term appointments Employment of up to two (2)2 times per year and up to six (6)6 weeks on each occasion, will not constitute breaks in continuous service. Periods of approved unpaid leave will not count for service but will not constitute breaks in service for the purposes of this clause.
f. In circumstances where the University has provided a severance payment to an employee upon expiry of their fixed-term contract, any period of service used in the calculation of that severance payment will be excluded from any subsequent calculation of severance at the expiry of a future fixed-term contract.