6 CONTRACT OF EMPLOYMENT

6.01 Types of Employment

6.01.02 Nothing in this Agreement or any Award covering staff under this Agreement will limit the number or proportion of staff that the University may employ in a particular type of employment.

Dispute Settlement

6.01.03 The Grievance Procedures will be used in the first instance to deal with any dispute about:

• your classification as full-time, part-time, fixed-term or casual;
• whether a severance benefit will be paid to you; or
• whether you have an entitlement as a fixed-term staff member.

6.02 Fixed Term Employment

6.02.01 Fixed-term employment is possible only in the following circumstances.

6.02.02 You may be employed on a fixed term for a 'specific task or project', which is a definable work activity with a starting time and an expected finishing time. It also includes a period of employment paid for from identifiable external funds, which is not part of an operating grant from government or fees paid by or for students; and also a period of employment to conduct NCELTR and EAP courses.

6.02.03 You may be employed on a fixed term for up to 5 years for 'research', which means research-only functions.

6.02.04 You may be employed as a 'replacement staff member' to:

• replace a full-time or part-time staff member for a definable period when on authorised leave of absence (including part-time absence) or temporarily seconded away from their usual work area; or
• carry out the duties of:
  • a vacant position for which the University has started recruitment action; or
  • a position when the normal occupant is carrying out higher duties while recruitment action takes place;
  • until a continuing staff member is employed for the vacant position or vacant higher duties position.

if you are a full-time graduate student enrolled for a research Masters degree or a Doctoral degree at the University;

• for a term of at least 2 years and at most 5 years, as 2 years is assessed to be enough time to finish a full-time Masters course and 5 years enough to finish a full-time Doctorate;
• under the same probation and performance management as all fixed term positions, with the additional need for satisfactory diligence and progress in the degree;
• while you stay enrolled as a full-time student;
• for the balance of the term if you finish the higher degree before the end of your current fixed term;
• with your salary at 50% of Step 1, Level A on first appointment, with incremental progression on an annual basis, if you show satisfactory progress in the higher degree and under the procedures in 4.04;
• with all other benefits available on a pro rata basis;
• and you may only be expected to deliver up to 6 tutorials per week during semester or some equivalent mix of tutorial and demonstration contact hours with associated student consultation, marking and examination responsibilities;
• and you will not be normally expected to deliver lectures, but may be given lecturing duties up to 4 lectures per semester.

6.02.07 Fixed-term employment may be used for a 'pre-retirement contract' up to 5 years if, as a continuing staff member, you request a fixed-term contract ending on or around your declared retirement date.

6.02.08 Fixed-term employment may also be 'subsidiary to studentship' if, when enrolled as a student, you are employed under a fixed-term contract for work activity that is generally related to your degree course, but:

• the fixed-term will not go past the end of the academic year in which you stop being a student, including any time when you are not enrolled but still finishing postgraduate work or awaiting results; and
• an offer of fixed-term employment subsidiary to studentship may not be made on the condition that you become a student.

• continuing and fixed-term positions; and
• full-time and part-time positions.

6.02.10 If you an English Language Centre Teacher, the University will try to avoid unreasonable breaks between appointments when appointing you to teach in short courses.

Appointment to be in Writing, etc.

6.02.11 On your fixed-term appointment, the University will give you an instrument of appointment as a letter of offer stating that the University is the employer and your fixed-term is under this Agreement, and showing the type of employment and the terms as follows:

• the Classification, Level and salary on starting;
• if your appointment is to be full-time or part-time, or the hours to be worked;
• the days, times, and times of the year for which the employment is available, if relevant;
• the circumstances which allow the fixed-term employment;
• the period, or other circumstances which set the period;
• the length and terms of any probation period;
• the other main terms of employment; and
• the duties and reporting relationships which apply.

6.02.13 You will be told of, and given an opportunity to respond to, any adverse material which the University will consider in a decision to end your employment on or before the expiry of the period of probation.

6.02.14 The University cannot end your fixed-term with or without notice other than during a probationary period after following the PMS procedures, or for cause based on serious misconduct.

6.02.15 Your performance will be reviewed as shown in 6.09 and the PMS.

Incremental Advancement

6.02.16 If you have a period of continuous service in a fixed-term, you may move through incremental steps as if you were in a continuing appointment.

Differential Treatment

6.02.17 You will have the same terms in a fixed-term appointment as a continuing full-time or part-time staff member in the same Classification and working the same proportion of normal weekly, ordinary hours. These include, but are not limited to:

• pro rata rights to leave;
• employer contributions for basic benefits or, where eligible, superannuation; and
• professional development, including OSP for eligible Academic staff, in the time constraints of the fixed term.

Offer of Further Appointment

6.02.19 You will be entitled in a fixed-term to:

• re-apply for and be considered for your position whether it is offered on a fixed-term or continuing basis; and
• apply for and be considered for any other advertised position.

• the Office/Division decides that it needs your fixed-term position at the end of the term;
• the original advertisement stated this possibility; and
• the employment involved is in line with this clause.

• your performance has been unsatisfactory, under the PMS; and
• you are told in writing when this has been decided and at least 20 working days before the expiry of the term.

• if Academic, at the original Level and the next Level, if you were promoted during the fixed term e.g. Associate Lecturer/Lecturer;
• if possible, as a continuing position. (If it is advertised as continuing and you are the successful applicant, you will be offered immediate continuing appointment without probation.)

6.02.23 You will be told in writing if you will be offered further employment at least 5 weeks before the end of your fixed term.

6.02.24 If specific funding to support the employment is from outside the University and beyond its control and the University is not reasonably able to give you this notice, the University will:

• write to you about those circumstances at least 5 weeks before the end of your fixed-term employment; and
• give you full notice at the earliest possible date.

6.02.25 You may ask for a written Statement of Service at the end of a fixed term, which will state the period of employment, the duties carried out, and that the employment ended at the expiry of the term. If you ask, the Statement will include any assessment of your performance under the PMS.

Severance Pay

6.02.26 If you are employed under circumstances in 6.02.02/3 or 6.02.05 and you are not further employed although you wish to continue the employment, you will be paid severance pay as in 6.02.28 and 6.02.31.

6.02.27 For the purposes of this clause, you are a fixed-term staff member if you were, at 29 June 1998 in a second or later fixed-term, other than the categories of employment in 6.02.02/4/5/6/7/8, and the first term was of 2 years or less and was stated to be not renewable.

6.02.28 Severance pay will be paid in the case in 6.02.26:

• at the end of your fixed term when the same or almost the same duties are required, but another person has been appointed or is to be appointed to carry them out; or
• at the end of a second or later fixed term when the same or almost the same duties are no longer required;
• or as in 6.02.27:
• at the end of a second or later fixed term which started before 30 June 1998.

6.02.30 The University may ask the Commission to vary the severance payment if it offers or gets you other suitable employment that you accept.

6.02.31 Severance pay if you are eligible is based on service as follows:

Continuous Period of Service Severance Pay

• more than 1 but 2 years at most 4 weeks pay
• more than 2 but 3 years at most 6 weeks pay
• more than 3 but 4 years at most 7 weeks pay
• more than 4 years 8 weeks pay.

6.03 Conversion of Fixed-Term Employment to Continuing

6.03.02 Conversion of your position does not automatically satisfy your existing probation requirements. A review must be conducted before the end of the probation period.

6.03.03 If you are not on probation, you will not be placed on probation if the conversion is approved.

6.03.04 Your fixed-term position may be converted any time during the term. The Head may recommend, or you may apply for, conversion and are encouraged to do so as early as possible to reduce uncertainty.

6.03.05 Your fixed-term appointment can be converted if:

Position

• the position is to continue with the role and duties required by the University (i.e. not where fixed-term or casual employment is more suitable and allowed under this Agreement); and
• the appointment can be funded in the foreseeable budgetary future;

you:

• were appointed (on this or an earlier occasion) after an open and competitive selection process and have had 2 years service or the same in shorter terms; or
• have had 3 years of service or the same in shorter term appointments; and
• the Head certifies that you are performing satisfactorily and can meet the on-going needs of the position. A relatively short submission is needed, with a current CV/resume; and
• an internal advertisement and selection process will be used as the number of staff in similar circumstances who meet the criteria exceeds the number of positions which are to continue; and
• you will accept the position based on the defined role and duties.

Existing Fixed-Term Convertible Appointments

6.03.07 A number of 'fixed-term convertible' positions with terms of 5 years have been created at Level A, B or C where it was uncertain that the position would be needed at the end of the fixed term.

6.03.08 Advertisements included the statement 'the position is available for a fixed term of 5 years with the possibility of conversion to tenure'.

6.03.09 If you are in a fixed-term convertible position you have already satisfied the personal criteria for conversion but the position must be looked at as in 6.03.10. As in 6.03.04, this should be carried out as early as possible but no later than 1 year before the end of the term.

6.03.10 The submission must show the need for the position based on its contribution to teaching, research and administrative programs and responsibilities in the Department's strategic plan. If the position is to be approved as a continuing position there must be no large change in duties, demand or funding. (The justification for the position should NOT be based on your merits, which would be addressed through the probationary procedures.)

6.03.11 If the position is not approved to continue, it will be disestablished.

6.03.12 If your performance is considered satisfactory under the probationary procedures you will be given continuing employment if your position has been converted.

6.03.13 If your performance is not satisfactory, your appointment will end at the end of the term.

Part-time General Staff

6.03.14 Attention is drawn to 6.05 under which continuing positions may be created despite breaks during the year when no duties will be required.

6.04 Transfer to a Pre-Retirement Contract

6.04.02 You should plan a transfer to fixed-term employment in the same way you would plan retirement or Voluntary Redundancy, and with the help of the independent financial advice available through the Personnel Office.

6.04.03 If you decide to transfer, tell your Head in writing, giving the intended date of retirement. If necessary, the Head will consult with you to agree on the date. The Personnel Office will send you a formal letter of offer.

6.05 Part time Employment

6.05.02 In a part-time appointment, you will be paid an hourly rate worked out by dividing the weekly rate for your Level and Step by 35 hours.

6.05.03 Your payments for annual leave, sick leave, long service leave and all other authorised leave are on a pro rata (proportional) basis.

6.05.04 Unless stated, all other terms of this Agreement relevant to full-time staff also apply to part-time staff on a pro rata basis.

6.05.05 As a part-time Academic staff member, you will work less than 70 hours per fortnight (the contract hours) but the smallest fraction of full-time employment will be 20% and the greatest fraction will be 90%.

6.05.06 If you are a part-time General staff member, you will work less than 70 per fortnight (the contract hours) but the greatest number of ordinary hours per day will be those in 8.12.01 and, except at your request, the lowest number will be those in 6.06.13.

6.05.07 As a part-time General staff member, any ordinary hours you agree to work above the contract hours will be paid with a 20% loading on the ordinary rate of pay between Monday and Friday and with a 50% loading on Saturday, until 70 hours have been worked in the fortnight. After that, overtime will be paid at the same rates as if you were full-time.

6.05.08 If you are a part-time English Language Centre Teacher, the ordinary hours you agree to work above the contract hours will be paid with a 20% loading on the ordinary rate of pay.

6.05.09 The terms in 6.05.07/8 do not apply if you work the additional hours on a regular basis (which should result in a change in the part-time fraction of employment, with your formal agreement) but apply where this is a less regular change in the hours worked.

6.05.10 As a part-time General staff member, you may also be employed to work less than the corresponding full-time ordinary hours per year derived from 8.12.01, during a year, as part of a regular pattern of employment.

6.05.11 Employment under 6.05.10 allows for your ongoing employment, where instead you may have been employed for a fixed term or terms each year over a number of years.

6.05.12 Employment under 6.05.10 must be by agreement. In the same way, there must be prior written agreement whether salary payment is to be made by averaging the annual salary over the year or is to be made only during pay periods where work is actually carried out.

6.05.13 As a part-time, non-continuing General staff member, you may also be employed to work less than the corresponding full-time ordinary hours per year derived from 8.12.01, as part of a regular pattern of employment.

6.05.14 Employment under 6.05.13 allows a single appointment period with periods set when duty will or will not be required, where instead you might have been employed for a series of fixed terms each year.

6.06 Casual Employment

6.06.02 If you are casual, you will be given an instrument of appointment (pro-forma at Attachment 5) which will contain details including:

• the number of hours and the period during which your employment may be needed;
• the specific nature and amount of duties to be carried out;
• the hourly/sessional rate of pay for each class of duty;
• a statement that any additional duties required will be paid for;
• the other main terms of employment and saying that the casual employment is covered by this Agreement; and
• the duties and reporting relationships applying to the employment.

6.06.04 You will have basic benefit employer superannuation contributions made for you under 4.16.12/14. The University will regularly inform you of contributions made and the scheme into which they were made.

6.06.05 You are not entitled to annual leave or sick leave, although you are eligible for long service leave for any casual employment with the University from 9 May 1985 onwards.

6.06.06 You will be paid the hourly/sessional rates in this Agreement.

6.06.07 You will be paid through the University's payroll system 2 weeks after the end of each pay period in which you work.

Limits on the Use of Casual Academic Rates

6.06.08 You should not be employed for lectures, tutorials, workshops or demonstrations for more than 60 per cent of the time of the teaching contact hours expected of a full-time staff member of similar designation for one term (or semester) or an indefinite period beyond one term (or semester).

6.06.09 Where it is reported to the University that your teaching hours for one semester or more exceed the 60% of a full-time load in 6.06.08, you will be paid equivalent to a relevant part-time staff member for 20 weeks for each semester in which you have exceeded the 60% of a full-time load less the amounts already paid to you for casual work in that semester. If the University later employs you, the semester/s concerned will count as service for all relevant purposes.

Advertising for Casual Staff

6.06.10 The University may advertise to place suitable persons on eligibility lists, which will have a fixed life, for work in a Department, Division or Office.

Duties of Casual Academic Staff

6.06.11 Casual Academic staff may carry out the following duties:

'Lecturing' is the delivery of a lecture (or equivalent delivery through other than a face to face teaching mode) of a given length and providing directly associated non contact duties like preparation, marking arising directly from the lecture and informal student consultation before and after each lecture, on the following basis: 

'Tutoring' is the delivery of a tutorial (or equivalent delivery through other than a face to face teaching mode) of a given length and providing directly associated non contact duties like preparation, marking arising directly from the tutorial and informal student consultation before and after each tutorial on the following basis:

'Other Required Academic Activity' includes approved hours performing work of the following nature:

• practical classes, demonstrations, workshops;
• student field excursions;
• the development of teaching and unit materials such as the preparation of unit guides and reading lists and basic activities associated with unit coordination;
• consultation with students;
• student supervision; and
• going to Division and Department meetings and lectures as needed.

Marking, other than the reasonably contemporaneous marking above. When employed for marking only, you will be paid at the appropriate marking rates which are also used for:

• marking associated with large lectures or tutorials.
• marking of unit or course wide examinations, essays or assessment tasks;
• setting of assessment tasks; and
• compilation of final grades.

6.06.12 If a casual Academic staff member with teaching duties, you will be given a library card (on production of the pro-forma contract) and access to suitable office facilities, including photocopying, telephone and fax, a box for receiving mail, and suitable computer and secretarial facilities.

Casual General Staff

6.06.13 Your employment will be on an hourly basis, with the minimum period of employment (and/or payment) being 3 consecutive hours on any day or, if a Macquarie University student, 3 hours in any week during term.

6.06.14 Your employment may be ended by the giving of 1 hours notice on each side. You are employed with no guarantee or expectation of future work.

6.06.15 You will be paid on an hourly basis (rounded up to the next quarter hour) at the rate of 12.5% on top of the hourly equivalent of the rate set for the Level, and an additional 1/12th loading for annual leave. This total loading of 21.875% is also used for the payment of overtime and shift penalties.

6.06.16 Your ordinary hours of work are up to 8 hours in any day or, by agreement, up to 10 hours in any day.

6.06.17 You will be paid at overtime rates for work above 10 hours on any day, work above 35 hours in any week, and work on public holidays. The penalties in 11.11 for work on public holidays will be instead of and not added to the penalties in 6.06.20.

6.06.18 Due to the nature of casual employment, you may not take overtime as time off instead of payment.

6.06.19 If you are not needed to work in a period which would otherwise attract a penalty rate, but ask that you be allowed to do so and this is agreed, no penalty rate or shift loading will apply.

6.06.20 Payment for shifts will be worked out by applying the relevant shift penalty rate to the casual rate in 6.06.15.

6.07 Employment in More than One Type of Employment

6.07.02 Academic staff, English Language Centre Teachers and General staff may be employed on a casual basis in a different Classification using the relevant casual rates and, if part-time, without the employment fraction being changed.

6.07.03 A part-time staff member who is also employed on a non-casual basis on work of a higher salary, of the same Classification or not, will be paid the higher rate for all work during that period. The budget unit offering the additional employment will meet the extra cost of the existing employment.

6.08 Job Sharing

6.08.02 Job sharing will need the written agreement of the Head and the staff concerned. The Personnel Office will coordinate requests about job sharing.

6.08.03 The Classification and Level, nature and responsibility of a position will not alter whether the position is being filled on a shared or individual basis.

6.08.04 The working arrangements and responsibilities for a particular position will be agreed by the Head and both job sharers, including any changes that may need to be made.

6.08.05 The Head and the job sharers will agree on how the job is to be split and the hours each will work in the normal spread of hours. The hours of the team will not exceed 70 hours a fortnight, except as arranged or as overtime or variable working hours.

6.08.06 Communication between the two job sharers is important and each sharer's normal hours may include overlap time for discussion and briefing.

6.08.07 The instrument of appointment will show the number of hours to be worked by each of you, when those hours are to be worked, and overlap time.

6.08.08 In unplanned absences of your job sharing partner, such as sick leave, you may ask or agree to relieve and be paid under 6.05.07/9.

6.08.09 The job sharers may choose to take planned leave at the same time. If leave is taken separately, the remaining job sharer may ask or agree to relieve and be paid at the single time rate for the period.

6.08.10 If your job share partner leaves, you will be allowed to take on all work and hours of the position on a continuing basis or for the rest of the fixed term. If you are unable or unwilling to do so, the University will try to find a suitable replacement person to job share. You may agree to assume as much of the remaining share as possible and be paid under 6.05.07/9 until a suitable replacement can be found.

6.08.11 If the University cannot find a suitable person to job share, you will be transferred to another part-time position.

6.09 Probationary Employment

6.09.02 Probation does not apply on secondment, transfer or promotion. Probation usually will not be needed in a second or later appointment.

6.09.03 You may have a probationary period of up to 3 years in a continuing position as Associate Lecturer. This may be extended on a 6 monthly basis up to 5 years in all.

6.09.04 You may have a probationary period of up to 2 years in a continuing position as Lecturer or above. This may be extended on a 6 monthly basis up to 3 years in all.

6.09.05 Probation will not apply at Level D or E if you are appointed from another Australian University and held a continuing Academic appointment.

6.09.06 You may have a probationary period of up to 6 months in an Academic fixed-term position where the appointment is for 2 years or less and up to 2 years for longer appointments. These periods may be extended up to 9 months and 30 months respectively.

6.09.07 You may have a probationary period of up to 3 months in a continuing or fixed-term General staff position. This may be extended up to 6 months.

6.09.08 The probationary period may be shortened or waived, on the recommendation of the Selection Committee, given your prior service, qualifications, and experience.

6.09.09 The criteria and aims you are to meet to satisfy probation will be clearly stated in your instrument of appointment.

6.09.10 During the first 2 weeks of duty, the supervisor will meet you and include in the induction in 7.06 a reminder of the aims of your probation.

6.09.11 If you are promoted while on probation, your continuing appointment is confirmed from the date of effect (or the date the position is converted).

Review Process

6.09.12 Your adviser will review your performance during the probationary period, under the PMS:

• annually if you are an Academic staff member appointed on a continuing basis or to a term exceeding 1 year;
• half-way through the probation period if you are:
  • a General staff member;
  • or an Academic staff member on a term of less than one year.

6.09.14 A Formal Probation Review will be carried out by the Head 1 month before the end of the probationary period or earlier if you ask for it.

6.09.15 The Head will consult with you, your adviser, appropriate experienced staff and, for Academic staff, the Head of Department and the professor(s), before completing the Formal Probation Review Report, and should show in the report the extent of the consultation carried out.

6.09.16 The Head will interview you and other relevant staff and consider the documentation, including the expectations in your instrument of appointment, the Self Reporting Form, review reports and associated forms, the discipline profile or, for General staff, the position requirements.

6.09.17 If the discipline profile is, for any reason, unsuitable or too restrictive for you as a candidate for Probation Review, you and the Department should make a special submission. This will not disadvantage you.

6.09.18 After looking at all material and the interview(s), the Head may decide that you have satisfied probation (if you are in an existing Academic convertible position, the appointment will become a continuing appointment if the position has been converted) or may recommend to the Deputy Vice-Chancellor or the Pro Vice-Chancellor that:

• your probationary period be extended as provided (if in an existing convertible position, until the end of the fixed term or, in exceptional circumstances, until the end of a further, approved, fixed term and probationary period) with performance reviews in each of these periods for the possibility of confirming your appointment; or
• your appointment be ended, with the giving of notice by either party, or, by agreement, with payment instead of the notice of:
  • at least 6 months if:
    • a continuing appointment;
    • an existing convertible appointment; or
    • a fixed term of more than one year;
  • or, 2 months or to the end of the fixed term, whichever is smaller, for a fixed term of one year or less.

6.09.19 The Personnel Office will tell you in writing the result of the Formal Probation Review.

6.09.20 If your appointment is not confirmed, the Head will give you, through the Personnel Office, a brief statement giving a summary of the facts considered relevant, the conclusions and the reasons for the recommendation.

6.09.21 The statement should show your strengths and weaknesses, with references to the relevant discipline profile or position requirements.

6.09.22 You will be told that you may lodge an appeal with the Personnel Office within 10 working days of having the advice. This period may be lengthened if you cannot meet it because of illness or absence overseas.

6.09.23 You are encouraged to talk with the Head about the recommendation and the factors leading to it.

Appeals

6.09.24 The Probation Review Appeals Committee will consist of:

• a nominee of the Vice-Chancellor in the Chair;
• one continuing member of staff, appointed by the Vice-Chancellor from, as appropriate:
  • a panel of Academic staff drawn up after consultation with Academic Senate; or
  • a panel of General staff drawn up after consultation with Heads;
• and one staff member from a panel nominated by the local branch of the Union.

• satisfy itself that these procedures have been followed, and that the Head has followed them when reviewing your case. This will include an examination of all documents and an interview of the Head;
• hear you and/or, if you so choose, a person nominated by you. Professional legal representation will not be allowed;
• interview other persons or get other information that it may need or that you may reasonably request;
• recommend to the Vice-Chancellor giving reasons if:
  • your appeal should be dismissed; or
  • your appeal should be upheld and your appointment be confirmed or your probationary period be extended.

Convertible Positions which are Not Approved to Continue

6.09.27 If you satisfy probation in a fixed-term convertible appointment but are not offered continuing appointment, you will also be given a statement to that effect for the information of any future employer.

6.09.28 You may be given repatriation benefits if you are not given continuing appointment and you had been given removal and/or relocation expenses.

6.10 Role of Research Only Academic Staff

6.10.02 You will be paid according to the salary rates in this Agreement and will have the same leave and other terms of employment as Academic staff at the same Level.