| 18.1 |
“Fixed-term employment” means full-time or fractional employment for a specified term or ascertainable period, for which the instrument of engagement will 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 the occurrence of which the term of employment will expire) and for which, during the term of employment, the contract is not terminable by the University, other than during or at the completion of a probationary period, or for cause based upon unsatisfactory performance, serious or wilful misconduct or where the work is no longer required to be undertaken in which case 21 would apply. |
| 18.2 |
Without derogating from any entitlement under the staff member's contract, a fixed-term contract staff member, other than an apprentice will be entitled to all the benefits of a continuing staff member (other than any redundancy benefits) in the same classification of employment. |
| 18.3 |
The University will provide to a fixed-term staff member written notice that at the expiry of the contract the University intends to: |
|
| (a) |
continue the position or a position with the same or substantially similar duties; or |
| (b) |
discontinue the position. |
|
| 18.4 |
Written notice will be the greater of any contractual entitlement to notice of the University’s intention to renew, or not to renew employment, or the following notice periods: |
|
| Period of continuous service |
Period of notice |
| Up to the completion of 3 years |
2 weeks* |
| 3 years and up to the completion of 5 years |
3 weeks* |
| 5 years or over |
4 weeks* |
| |
*In addition, a staff member over the age of 45 years at the time of the giving of notice and with not less than two years' continuous service will be entitled to an additional week's notice. |
|
| Offer of Further Employment |
| 18.5 |
Where the University has made a determination in accordance with 18.3 (a), the incumbent will be offered further employment in the position or a position with the same or substantially similar duties provided that the incumbent was employed through a competitive and open selection process and has performed satisfactorily in the position. |
| Right to Apply for Conversion |
| 18.6 |
Where further fixed-term employment is offered under 18.5, the staff member may apply for conversion to continuing employment on the same salary and classification. The University will consider the application and may refuse conversion on reasonable grounds, which may include but are not limited to: |
|
The staff member is: |
|
- a Monash University Student;
- a genuine retiree;
- subject to disciplinary action;
- on a pre-retirement contract;
- is on a general staff salary above HEW Level 10.
|
|
The position is: |
|
- for a specific task or project, or funded by identifiable funding external to the University (which may include research/grant funds but does not include Government operating grants or funding from fees paid by or on behalf of students);
- in a new organisational area for up to 2 years;
- filling a temporary vacancy or meeting a curriculum requirement for recent professional practical or commercial experience;
- in a discontinuing organisational work area or part of such an area consisting of 3 or more staff.
|
| Severance Pay |
| 18.7 |
Subject to clause 18.10, at the expiry of a fixed-term contract, and where the University does not renew the contract, severance will be payable to a staff member seeking to continue the employment where the same or substantially the same duties are no longer required, and the staff member is: |
|
| (a) |
On a first fixed-term contract of more than three years or any second or subsequent contract, where the continuous period of service is more than 3 years; or |
| (b) |
On any second or subsequent fixed-term contract for: |
| |
- a specific task or project;
- work that requires recent professional practical or commercial experience;
- work in a new organisational area for up to 2 years;
- work in a discontinuing organisational area or part of such an area consisting of 3 or more staff.
|
|
|
| Length of continuous service |
Severance pay |
| Up to the completion of 3 years |
4 weeks |
| 3 years and up to the completion of 4 years |
6 weeks |
| 4 years and up to the completion of 5 years |
7 weeks |
| 5 years and up to the completion of 6 years |
8 weeks |
| 6 years and up to the completion of 7 years |
10 weeks |
| 7 years and up to the completion of 8 years |
12 weeks |
| 8 years and up to the completion of 9 years |
14 weeks |
| 9 years and up to the completion of 10 years |
16 weeks |
| 10 years and over |
18 weeks |
|
| 18.8 |
For the purposes of clause 18.7, breaks between fixed-term appointments of up to two times per year and of up to 6 weeks will not constitute breaks in continuous service. Periods of approved unpaid leave will not count for service, but will not constitute breaks in service. |
| Pro Rata Long Service Leave |
| 18.9 |
In addition to any other sum payable, a staff member entitled to severance pay will also be entitled to pro rata payment of long service leave provided he/she has continuous service of at least 5 years, calculated from the date of commencement on a fixed-term contract which commenced on or after the date of certification of this Agreement. |
| Savings Provisions |
| 18.10 |
The following provisions apply to staff members who commenced fixed-term employment prior to the date of certification of this Agreement. |
|
| (a) |
Clause 18.5 and 18.7 shall not apply. |
| (b) |
Staff members employed in a new organisational area on contract(s) of up to three years duration will be entitled to severance pay of 5 weeks for up to two years' service or 7 weeks' pay (for between two and three years' service) if they are not offered further employment at the expiry of the contract(s). |
| (c) |
Where a staff member is employed for a specific task or project the following terms will apply: |
|
|
| Length of continuous service |
Severance pay |
| Up to the completion of 2 years (except that general staff members will not be eligible for severance pay for less than one year of service) |
4 weeks' pay |
| 2 years and up to the completion of 3 years |
6 weeks' pay |
| 3 years and up to the completion of 4 years |
7 weeks' pay |
| 4 years and over |
8 weeks' pay capped |
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