13. Continuing (contingent funded) employment

13.1  A person who would otherwise be appointed to a fixed term position, in accordance with clause 14 (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.

13.2  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.

13.3  '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.

13.4  Notwithstanding the above, a staff member may be appointed, at the discretion of the College Head, to a 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 continuing appointment will become available; and
  • the alternative would be the separation of the staff member from their position with the University.

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

  1. the consultation provisions of clause 73 (Managing change), when funding for the contingent funded position ceases;
  2. clauses 55 (General notice periods) or clause 58 (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 14.

13.6  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, during the notice period in clause 13.8 the contingent funding for the position is renewed, the notice period ceases to apply and employment continues;
  3. 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. By agreement, payment of leave may be delayed for nine weeks to facilitate continuation of service. When payment of leave is made, leave balances will be reduced accordingly. Payment of any severance may be delayed for nine weeks to facilitate continuation of service, but will be paid on termination if it is agreed the staff member is not likely to be offered further employment by the University; 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 13.6(c) above), the employment relationship will cease and the severance will be paid in accordance with clause 13.8 below.

13.7  It is not the intention of this clause that the conditions of employment of a staff member be worse than if they had been employed on a fixed term position subject to contingent funding. That is, a staff member employed or converted to continuing (contingent funding) employment would normally be engaged for the term of the funding supporting the position. Accordingly, 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.

13.8  Where a staff member's continuing (contingent funded) employment is terminated the staff member will be provided notice and severance payments as follows:

  • A minimum of 4 Weeks notice of termination, or 5 weeks if the staff member is over 45 years of age. The University may at its discretion provide payment in lieu of notice; and
  • A continuing (contingent funded) staff member will be eligible for severance payments when they are on their second or subsequent appointment and the same or similar duties are no longer required by the University. Severance pay will be paid in accordance with the table below; or
  • A staff member who was initially or directly appointed to a continuing (contingent funded) position, and whose employment ceases in accordance with clause 13.6, will be eligible for severance payments if they have continuous service with the University of at least four (4) years. Severance will be paid in accordance with the below table: 

Period of continuous service

Severance pay

Less than 1 year

Nil

1 year and less than 2 years

4 weeks' pay

2 years and less than 3 years

6 weeks' pay

3 years and less than 4 years

7 weeks' pay

4 years and less than 7 years

8 weeks' pay

7 years and less than 9 years

9 weeks' pay

9 years and less than 10 years

10 weeks' pay

10 years and less than 11 years

11 weeks' pay

11 years and less than 12 years

12 weeks' pay

12 years and less than 13 years

13 weeks' pay

13 years and less than 14 years

14 weeks' pay

14 years and over

15 weeks' pay

 For the purposes of this clause, 'week's pay' means the ordinary time rate of pay for the staff member concerned.