(1) This Policy supports the provisions for the employment of academic and professional staff on a fixed-term basis at Australian Catholic University (ACU). (2) Fixed-term employment means employment for a specified term or ascertainable period. Fixed-term employment provides a mechanism for the engagement of staff on other than a continuing basis to fulfill temporary work activity needs identified by the University. (3) The use of fixed-term employment at ACU will be subject to University funding and operational requirements, and will be managed in line with this Policy. (4) This Policy supports the fixed-term employment provisions of the University and sets out the administrative processes associated with fixed-term employment and should be read in conjunction with the Employment of Fixed Term Staff Procedure. (5) This Policy applies to the employment of fixed-term Academic and Professional staff at ACU who are covered by the provisions of the ACU Staff Enterprise Agreement 2017-2021. A fixed-term contract will specify the starting and finishing dates of that employment or, in the absence of a finishing date, will specify the circumstance(s) or contingency relating to a specific task, project or research funding, upon which the contract of employment will cease. (6) The use of fixed-term employment is limited to the employment of a staff member engaged on work activity that comes within the description of one or more of the following circumstances: (7) Fixed-term employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract. Other than in accordance with the provisions of the Probation for Continuing Academic Staff Policy, any second or subsequent fixed-term contract with the University for the same or similar role shall not contain a probationary period. (8) In the case of fixed-term Academic Staff for whom the terms of their probationary appointment did not require the normal range of probation conditions for continuing appointment, a further period of up to 24 months probation may be required. (9) As a condition incidental to employment on probation, a staff member must be advised of, and given an opportunity to make response to, any adverse material about the staff member which the University intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation. (10) Fixed-term employment is terminable: (11) In the circumstances described in clause 10(a) to (d) above, the payments or notice period that apply to a continuing staff member would apply to a fixed-term staff member. In the case of redundancy (clause 10(f) above), the staff member will be paid out the balance of the contract or receive 6 months’ salary whichever is the greater. (12) If the University decides to retain the same position, or a substantially similar position for a further term, employment in the position will be offered to the incumbent provided the incumbent: (13) The University will provide to a fixed-term staff member 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 will be: (14) 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 this sub-clause, it will be sufficient compliance with this clause if the University: (15) Staff may not be directed to take annual leave when they are serving a period of notice (of termination of employment). (16) A fixed-term staff member whose contract of employment is not renewed in circumstances where the staff member seeks to continue the employment will be entitled to a severance payment or retrenchment benefit payment howsoever called in accordance with the following in the following circumstances: (17) Where the University advises a staff member in writing that further employment may be offered within six (6) weeks of the expiry of a period of fixed-term employment, then the University may defer payment of severance benefits for a maximum period of four (4) weeks from the expiry of the period of fixed-term employment. (18) If the University offers acceptable alternative employment for a staff member who is otherwise entitled to severance payment, then that staff member is not entitled to severance payment. (19) A staff member shall not unreasonably decline an offer of acceptable alternative employment. (20) A fixed-term staff member will be entitled to the same terms and conditions in respect to the same matters as would apply to a continuing staff member engaged in an equivalent classification and working an equivalent proportion of normal weekly ordinary hours for the classification. (21) For the purpose of this Policy, breaks between fixed-term appointments of up to two times per year and of up to six weeks in total will not constitute breaks in continuous service. (22) Periods of approved unpaid leave will not count for service, but will not constitute breaks in service for the purposes of this clause. (23) For staff on fixed-term appointments, all annual leave will normally be taken within the period of the appointment (except during any period of notice), unless the relevant member of the Executive approves a recommendation from the nominated supervisor that the staff member cannot be released in order to clear part of, or all of, their leave during the term of the appointment. (24) No staff member employed on a fixed-term contract (other than a staff member employed on a pre-retirement contract) will be prevented from making application to the University, nor having her or his application for employment considered, solely because the staff member has previously been employed on a fixed-term contract by the University. (25) The provisions of this clause only apply to fixed-term staff appointed at Academic Levels A to C (inclusive) and to Professional Staff appointed up to HEW Level 10. (26) If the University decides that a fixed-term position is to be made continuing, and a staff member has satisfactorily completed at least three (3) years of continuous service in that position (or equivalent) on two (2) or more fixed-term appointments, the staff member will be considered for appointment to the continuing position subject to the staff member: (27) A satisfactory assessment includes the staff member’s probation being confirmed, and/or incremental progression being awarded and/or the staff member performing the requirements of the role satisfactorily in the context of the position description and organisational and/or work area priorities. (28) If the University determines that a position is to be made a continuing one and the incumbent has served (5) five or more years on a series of contiguous fixed-term contract(s), the University will offer the staff member a continuing appointment without the requirement for an advertisement of the position. (29) A request to offer fixed-term employment must be submitted for approval by the appropriate delegated officer. Information on delegated officers for fixed-term employment approvals is available in the Delegations of Authority Policy and Register. (30) The revision table includes revisions up until this document was migrated into the new policy system. Any later revisions will show in the Status and Details tab. (31) The University may make changes to this Policy and procedures from time to time to improve the effectiveness of its operation. In this regard, any staff member who wishes to make any comments about this Policy may forward their suggestions to People and Capability. (32) Any staff member who requires assistance in understanding this Policy should first consult their nominated supervisor who is responsible for the implementation and operation of these arrangements in their work area. Should further information or advice be required staff should visit Service Central. (33) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.Employment of Fixed Term Staff Policy
Section 1 - Background Information
Section 2 - Policy Statement
Section 3 - Policy Purpose
Section 4 - Application of Policy
Fixed-Term Reasons
Probation
Termination
Further Employment
Notice of Cessation or Revocation of Employment Upon Expiry of the Contract
Period of Continuous Service
Period Of Notice
less than 3 years
At least 2 weeks
3 years but less than 5 years
At least 3 weeks
5 years or over
At least 4 weeks
Over 45 years and greater than 2 years continuous service
Plus one additional week to the above
In circumstances where it is not possible to give the preceding notice due to external funding arrangement and this is advised in writing to the staff member
Earliest practicable date
Section 5 - Severance pay
Severance Payments for Eligible Fixed-term Staff
Period of continuous paid service
Severance payments
At least 1 year but less than 2 years
4 weeks’ salary
At least 2 years but less than 3 years
6 weeks’ salary
At least 3 years but less than 4 years
7 weeks’ salary
At least 4 years but less than 5 years
8 weeks’ salary
At least 5 years but less than 6 years
10 weeks’ salary
At least 6 years but less than 7 years
11 weeks’ salary
At least 7 years but less than 8 years
13 weeks’ salary
At least 8 years but less than 9 years
14 weeks’ salary
At least 9 years but less than 10 years
16 weeks’ salary
At least 10 years and over
12 weeks’ salary
Entitlements and Calculation of Continuous Service
Right of Application
Section 6 - Conversion from Fixed-term to Continuing Employment
Section 7 - Approvals
Section 8 - Revisions made to this Policy
Date
Major, Minor or Editorial
Description
11 Dec 2015
Major
Updated to incorporate the provisions of the Australian Catholic University Staff Enterprise Agreement 2013 - 2017
1 July 2019
Major
1 July 2020
Editorial
Updated to clarify annual leave during notice periods and for consistency with the Recreation Leave (including Annual Leave) Policy.
18 Jan 2021
Editorial
Updated to remove the reference to annual performance review.
Section 9 - Further Assistance
Section 10 - Associated Information
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This is the current version of this document. You can provide feedback on this document to the document author - refer to the Status and Details on the document's navigation bar.
Updated to incorporate the provisions of the ACU Staff Enterprise Agreement 2017-2021 (Clause 6.7.2.4.)
Procedural advice removed and included in new Employment of Fixed-Term Staff Procedure.