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Academic and Professional Staff 2014 Contact
 
Monash University

19. FIXED-TERM NOTICE, RENEWAL AND SEVERANCE

Without derogating from any entitlement under the staff member’s contract, a fixed-term contract staff member (other than a fixed-term contract staff member subject to clause 19.7) shall be entitled to:

19.1 Incremental Advancement

A fixed-term staff member who has a period of continuous service in a classification which has an incremental structure shall be entitled to progress through that structure in the same way as a staff member engaged as a continuing staff member in the same or similar classification under this Agreement.

19.2 Notice of Cessation or Renewal of Employment Upon Expiry of Contract

The University shall provide to a fixed-term staff member, a written notice of the University’s intention to renew, or not to renew, employment with the University upon the expiry of the contract. Such notice shall be the greater of:

     (a) any contractual entitlement to notice of the University’s intention to renew, or not to renew, employment with the staff member upon the expiry of the contract; or

     (b) according to the table below:

Table B

Period of Continuous Service Period of Notice
Up to 3 years 2 weeks
3 years but less than 5 years 3 weeks
5 years or over 4 weeks

In addition to the notice prescribed under clause 19.2(a) or 19.2(b), 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 shall be entitled to an additional week’s notice.

19.3 Exceptions/Variations to Requirement to Provide Notice

Where, because of circumstances relating to the provision of specific funding to support employment (external to the University and beyond its control), the University is not reasonably able to give the notice required by clause 19.2, it shall be sufficient compliance with clause 19.2 if the University:

  • advises those circumstances to the staff member in writing at the latest time at which the notice would otherwise be required to be given; and
  • gives notice to the staff member at the earliest practicable date thereafter.

19.4 Entitlement to Severance Pay

A fixed-term staff member who is employed in accordance with either clause 16.4.1 (Specific Task or Project) or 16.4.2 (Research) whose contract of employment is not renewed in circumstances where the staff member seeks to continue the employment, shall be entitled to a severance payment as provided in clause 19.5 below in the following circumstances:

     (a) a staff member who is employed on a second or subsequent fixed-term contract and the same or substantially similar duties are no longer required by the University; or

     (b) a staff member who is employed on a fixed-term contract and the duties of the kind performed continues to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.

19.5 Severance Pay

19.5.1 Calculation of severance pay entitlements – Academic staff

Table C

Length of continuous service

Severance pay

Up to the completion of 2 years 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

19.5.2 Calculation of severance pay entitlements – Professional staff

Table D

Length of continuous service

Severance pay

Less than 1 year Nil
1 year and up to the completion of 2 years 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

19.5.3 In addition to the relevant severance pay as provided in clauses 19.5.1 or 19.5.2 above, research grant funded staff not including casual professional or Teaching Associate staff, will be entitled to an additional two weeks’ severance pay for each year of continuous service in excess of four years.

19.5.4 Periods of approved unpaid leave shall not count for service, but shall not constitute breaks in service for the purpose of this clause.

19.6  Offer of Further Employment

19.6.1 Where the University advises a staff member in writing that further employment may be offered within six weeks of the expiry of a fixed-term contract, the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixed-term employment.

19.6.2 A staff member who is offered Suitable Alternative Employment shall not be eligible for severance pay, whether such offer is accepted or not.

19.7 Transitional Provisions

19.7.1 Clause 19.7 applies only to a staff member currently employed as a fixed-term staff member who commenced fixed-term employment with the University on or after 22 November 2005 but prior to 29 January 2010.

19.7.2 The University will provide the fixed-term staff member written notice that at the expiry of the contract the University intends to:

     (a) continue the position; or

     (b) discontinue the position.

For the purposes of clause 19.7.2, an intention to discontinue the position but replace it with a position having the same or substantially similar duties will be treated as an intention to continue the position.

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:

Table E (Fixed-Term Notice)

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 2 years’ continuous service will be entitled to an additional week’s notice.

19.7.3 Where the University has made a determination in accordance with clause 19.7.2(a), the incumbent will be offered further employment in the position or a position with the same (or substantially similar duties where applicable) provided that the incumbent was employed other than as a Replacement Employee through a competitive and open selection process and has performed satisfactorily in the position.

19.7.4 Where further fixed-term employment is offered under clause 19.7.3, 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;
  • a Professor, Professorial Fellow, Adjunct Professor, Research Professor, Dean or above;
  •    subject to disciplinary action;
  •    on a pre-retirement or performance based contract;
  • is on a professional staff salary at or above salary step 1 of 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 two 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.

19.7.5 Where the University has made a determination in accordance with clause 19.7.2(b) and the University does not renew the contract notwithstanding that the staff member seeks to continue the employment, severance payment will be payable at the expiry of the staff member’s fixed-term contract as follows:

     (a) A staff member employed in a research-only capacity or for a specific task or project or in a new organisational area will be entitled to severance pay as per clauses 19.4 and 19.5 of this Agreement.

     (b) A staff member employed in a new organisational unit will be entitled to severance pay as per clause 16.4.7 of this Agreement.

     (c) For all other staff subject to clause 19.7 where the same or substantially the same duties are no longer required and the staff member is:

        (i) On a first fixed-term contract of more than three years or on any second or subsequent contract, where the continuous period of service is more than three years; or

        (ii) On any second or subsequent fixed-term contract for:

  • work that requires recent professional practical or commercial experience; and/or
  • work in a discontinuing organisational area or part of such an area consisting of 3 or more staff.

Table F

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