18. CONTINUING (CONTINGENT FUNDED) EMPLOYMENT

18.1 A fixed-term staff member appointed to a research-only position (or positions) funded by contingent funding for a period of continuous service of four years or more and who has been appointed since the commencement of this Agreement to a second or subsequent consecutive research-only fixed-term contract of at least six months in duration, may apply to be employed on a Continuing (Contingent Funded) contract of employment in accordance with this provision.  Applications may be refused on reasonable grounds.  Reasonable grounds include:

• the staff member is the subject of disciplinary proceedings or disciplinary action or has otherwise not performed satisfactorily in his/her position;

• the staff member is performing work which is predominantly related to discontinued or discontinuing programs or a disciplinary area that is not actively being pursued by the University;

• the staff member is a student, his/her status as a student was the primary reason for the appointment, and the staff member is due to cease as a student within the forthcoming 12-month period.

18.2 “Contingent Funding” is limited-term funding provided for from external sources, but not funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

18.3 Notwithstanding the above, a fixed-term research-only staff member may be appointed, at the discretion of the relevant Dean (or equivalent), to Continuing (Contingent Funded) employment using internal funds, where:

• the use of internal funding is for a limited period; and

• the area has a reasonable expectation that alternative contingent funding or a standard appointment will become available; and

• the alternative would be the separation of the staff member from his/her position with the University.

18.4 All staff on Continuing (Contingent Funded) employment will be subject to the probationary employment, disciplinary action, and research misconduct provisions of the Agreement.  Service for staff on Continuing (Contingent Funded) employment will be regarded as continuous provided that any break in service does not exceed three months and such breaks do not count as service.

18.5 A staff member on Continuing (Contingent Funded) employment may apply for internally advertised employment.

18.6 The following provisions do not apply to staff on Continuing (Contingent Funded) employment:

• The consultation about change provisions of clause 13 in respect to the contingent position that staff member occupies.

• Notice, redundancy, redundancy review and any other provisions of clause 48 that apply to staff employed on a continuing contract of employment.

• The provisions of clause 56 to the extent the grievance relates to any matter arising out of the operation of this clause.  For the avoidance of doubt a grievance under clause 56 cannot be used to seek review of any decision to offer, not offer, not continue or to terminate Continuing (Contingent Funded) employment.

18.7 Where the funding that supports a staff member’s Continuing (Contingent Funded) employment ceases:

     (a) The University may transfer the staff member to another equivalent position.

     (b) If a transfer opportunity does not exist, the staff member will be provided with a minimum of four weeks’ notice of termination, or five weeks if the staff member is over 45 years of age, which the University may pay out in lieu of notice.

     (c) If, during the notice period, the contingent funding for the position is renewed, the notice period ceases to apply and employment continues.

     (d) If an application for renewal of the contingent funding for the position is still pending, the period of employment may continue for any period of paid leave the staff member is entitled to and thereafter, at the discretion of the University, to unpaid leave to retain the employment relationship until a decision on the contingent funding is made. Payment of severance and leave may be delayed for up to nine weeks to facilitate continuation of service.

     (e) At the end of the notice period (and any such approved leave in accordance with the above) the employment relationship will cease and the severance payment in clause 18.9 below will be made to the staff member.

18.8 It is not the intention of this clause that the conditions of employment of a staff member be worse than had he/she been employed on a fixed-term position subject to contingent funding. Accordingly, the University shall not terminate the employment of a staff member on Continuing (Contingent Funded) employment unless:

     (a) the contingent funding that supports the position ceases or is insufficient; or

     (b) the inherent nature of the work required has changed significantly and the skills and experience of the staff member will not enable them to complete the requirements of the position; or

     (c) termination is under the probation or disciplinary provisions of this Agreement.

If a staff member’s employment is terminated under (a) or (b) above, and the staff member is eligible under this Agreement, the staff member will be provided notice and severance payments under clauses 18.7(b) and 18.9 respectively of this provision.

18.9 Continuing (Contingent Funded) employment severance payments will be as follows:

Table A

18.10 Severance payments will not be made where the staff member:

     (a) declines the further employment or redeployment where funding for his/her position ceases;

     (b) resigns;

     (c) secures the same or similar employment with another employer associated with the contingent funding of the position; or

     (d) has a single fixed-term continuous service engagement made under a contract containing an express provision that the contract will not be extended or renewed, up to three years for professional staff or up to five years for academic staff.

18.11 A staff member employed on a Continuing (Contingent Funded) contract of employment in accordance with this clause will nevertheless continue to be regarded as a fixed-term research-only staff member for the purposes of clause 27(c) or (d) of this Agreement dependent on the staff member’s period of continuous service.