12. Continuing (contingent funded) employment

12.1.  ‘Contingent funding” is limited term funding provided 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.

12.2.  It is not the intention of this clause that the conditions of employment of a continuing (contingent funded) staff member employed in continuing (contingent funded) employment be worse than had they been employed on a fixed term position subject to contingent funding.

Appointment to continuing (contingent funded) employment

12.3.  A person who would otherwise be appointed to a fixed term position, in accordance with clause 13 (Fixed term employment) may at the discretion of the University be directly appointed to a continuing (contingent funded) position where the available funding is contingent funding.

12.4.  An existing fixed term staff member appointed to a position funded by contingent funding for a period of 12 months or more, may be employed on a continuing (contingent funded) contract of employment in accordance with this provision.

12.5.  The University shall not terminate the employment of a staff member on a continuing (contingent funded) basis unless:

1. the contingent funding that supports the position ceases or is insufficient; or
2. 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
3. termination is under the probation or disciplinary provisions of this Agreement.

Conversion of continuing (contingent funded) appointment

12.6.  The University will monitor the use and length of service of continuing (contingent funded) appointments.

12.7.  When a staff member reaches a period of more than 10 years continuous service with the University in a continuing (contingent funded) appointment, they will be converted to a continuing appointment provided that:

1. the staff member is not currently subject to a Performance Improvement Plan in accordance with clause 72;
2. there is a reasonable likelihood of further work being available in the relevant position; and
3. there has been a pattern of funding continuity for the position, and there is a reasonable expectation that the funding will continue.

Cessation of contingent funding

12.8.  Where there is a reasonable expectation that the funding that supports a staff member’s continuing (contingent funded) position is unlikely to continue, the University will consider all reasonable options to avoid the employment ceasing.

12.9.  Where the funding that supports a staff member’s continuing (contingent funded) employment ceases:

1. the University may transfer the staff member to another equivalent position;
2. 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 unpaid leave to retain the employment relationship until a decision on the contingent funding is made;
3. if, during the notice period in clause 12.13 the contingent funding for the position is renewed, the notice period ceases to apply and employment continues; or
4. the University may terminate the employment of the staff member at the end of the notice period (and any such approved leave in accordance with clause 12.9(b) above), the employment relationship will cease and the severance will be paid in accordance with clause 12.14.

12.10. The following provisions do not apply to staff on continuing (contingent funded) employment:

1. the Managing change consultation provisions of clause 70, when funding for the contingent funded position ceases;
2. clause 57 (Redundancy) including payments that apply for staff on continuing contracts of employment; and
3. conditions applying to staff members employed on fixed term contracts or employment schemes under clause 13.

12.11. Notwithstanding the above, at the discretion of the College Dean, a staff member may be extended in their current position or appointed to a new continuing (contingent funded) position using internal funds, where:

1. the use of internal funding is for a limited period;
2. the area has a reasonable expectation that alternative contingent funding or a continuing appointment will become available; and
3. the alternative would be the separation of the existing staff member from their position with the University.

12.12.  Payment of any severance may be delayed for up to nine weeks to facilitate continuation of service. Severance will be paid on termination if it is agreed the staff member is not likely to be offered further employment by the University.

Notice periods and severance

12.13.  Staff members employed on continuing (contingent funded) appointments will be provided notice in accordance with clause 55 (Notice periods). The University may at its discretion provide payment in lieu of notice.

12.14.  Where a staff member’s continuing (contingent funded) employment is terminated, the staff member will be eligible for severance payment specified in clause 56 (Severance).