13. Fixed term employment

13.1.  ‘Fixed term employment’ means employment for a specified term where the employment contract specifies the start and finish dates of that employment. Where a fixed term appointment is made for a specific task or project the contract may, in lieu of a finishing date, specify the circumstance(s) that results in employment ceasing.

13.2.  The use of fixed-term employment is limited to the employment of a staff member engaged in work activities that come within the description of one or more of the following circumstances:

  1. Specific task or project where a definable work activity has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it also includes a period of employment provided for from identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.
  2. Research work by a staff member engaged on research intensive functions for:
    1. a professional staff contract period not less than three months and normally not more than three years except where funding is directly attached to external grants secured for up to five years; or
    2. an academic staff contract period not exceeding five years.
  3. New organisational arrangement where a professional staff member is employed for up to 12 months until the practicality of permanently filling the position is known dependent on the continuing operation of the area.
  4. Where an organisational work area has been the subject of a decision to be disestablished or reduced in size, and fixed term staff are needed to phase out the area. Should the decision be reversed or the positions be for in excess of five years, staff in these positions will be offered conversion to a continuing appointment, except where an extension beyond five years is for a defined, short term period and at which point the funding for the position will cease.
  5. Employment schemes (clause 13.3)
  6. Tenure track appointment (clause 13.4-13.8)

Employment Schemes

13.3.  The University may employ a staff member on one of the following fixed term employment schemes, which do not attract severance payments:

  1. Replacement Employee Scheme is a scheme which allows for employment of a staff member to undertake the work of another staff member absent on leave or temporary transfer, or perform the duties of a vacant position where recruitment action has commenced, or perform the duties of a position where the substantive occupant is performing higher duties in a vacant position for which recruitment action has commenced.
  2. Professional Practice Scheme is a scheme which requires specific curriculum or related work to be undertaken by a person who has demonstrable professional or commercial expertise. Employment periods on this scheme will not total more than two years.
  3. Career Entry Development Scheme means employment of a new staff member who may or may not have completed Year 12, or tertiary studies, and the University considers it appropriate to enter into arrangements concerning their studies while they earn a salary and develop on-the-job skills. The Career Entry Development Scheme does not apply to graduate students employed by the University (e.g., as tutors, demonstrators, part-time academic members of staff, or in research assistant positions).
  4. Student Internships Scheme is a scheme to provide career development opportunities for university students. Employment will be offered on a professional staff fixed term basis within the ANU Officer Level 3 salary.
  5. Student Employment Scheme is a scheme where a student is employed to perform work generally related to their course, for the period of their course, including any short period thereafter.
  6. Apprenticeship Scheme is a scheme where a person is employed as an apprentice for a time to complete disciplines to obtain recognition in their chosen trade/vocation.
  7. Trainee Technical Officer Scheme is a scheme where a staff member is employed for a specified period to complete a prescribed course of study. The traineeship may be extended by agreement between the University and the trainee due to illness or where there is the need for additional time to complete the relevant course/s.
  8. Trainee Scheme is a scheme where a staff member is employed for a fixed term to complete an approved training course or training program. A trainee will be employed subject to an agreement made between the University and the trainee and registered with the relevant State or Territory Training Authority.
  9. Pre-Retirement Scheme is where a staff member declares their intention to retire, and enters into a contract with a cessation date on or around their stated retirement date.
  10. Post-retirement Scheme is where a fixed term contract is offered to an employee following their formal retirement from the University. Eligibility for fixed term appointment under the post-retirement scheme is outlined in clause 54.7.
  11. Rehabilitation Scheme is a scheme to assist in rehabilitation of fixed term staff members who have suffered a work related injury.

Tenure Track appointment

13.4.  Tenure track appointment means academic employment at Levels A, B, C or D, predominantly for research and subject to the following:

  1. the employment of academic staff under tenure track appointment will be for an initial period of seven years, with the option of renewal or conversion at the end of the initial employment agreement if the criteria set out at (b) and (c) below are met;
  2. during the first year of employment, the academic staff member will be engaged almost entirely on research activities (other than teaching on an occasional basis); and
  3. for the remaining tenure track appointment, the teaching load will meet at least the minimum threshold required to maintain eligibility for academic promotion, and dependant on what is agreed in accordance with clause 52 (Workloads) and may range up to the average for a comparative teaching and research position in that discipline.

13.5. Two years prior to the end of the seven year period of employment, the University will decide either to:

  1. convert the employment to a continuing appointment;
  2. engage the staff member for a further seven year tenure track appointment under the same terms as the initial employment;
  3. provide notice of termination for the employment to end at a later date than the end of the initial seven year period, to complete a research project on which the staff member is currently employed, in which case severance will be in accordance with clause 56 (Severance pay); or
  4. terminate the employment, in which case severance will be in accordance with clause 56.

13.6.  In making this decision, the University will have regard to the research/creative and education requirements of the academic area; the security of funding; the performance of the staff member, as well as other relevant factors, such as merit relative to opportunity. The University will not unreasonably refuse a request for conversion to continuing employment or for a further seven-year period, to which all of the above conditions apply. A staff member will not be engaged on more than two such fixed term periods of employment.

13.7.  The University may extend the period of a tenure track appointment under this clause in accordance with any period of parental leave or other extended leave of absence.

13.8.  A staff member on a tenure track appointment will have the same conditions of employment as a staff member with continuing employment, except for termination on the grounds for redundancy or unless otherwise specified above.

Options at expiry of fixed term appointment

13.9.  A fixed term staff member will be offered further work if available in the relevant position except if employed under an employment scheme (clause 13.3), provided that:

  1. there is funding security for the position;
  2. the staff member is not currently subject to a Performance Improvement Plan in accordance with clause 72; and
  3. the staff member was initially employed after a merit-based selection process for the relevant type of position.

13.10.  Where a professional staff member has been employed under clause 13.2 (b) (i) above, the appointment can be extended only once for a period not exceeding 12 months except where the continuation of identifiable external funding is subject to milestone reviews. Except for extensions due to milestone reviews, where the duties of the fixed term position continue unchanged or substantially unchanged, any further appointment to the position will be a continuing appointment.

13.11.  In exceptional circumstances where the University incurs a loss or a significant reduction in external funding, the University will discuss these circumstances with NTEU. Both parties will consult with affected staff members and discuss arrangements for cessation of contracts.

Conversion of fixed term employment

13.12.  A fixed term staff member with five or more years of continuous service in the same or similar position, with the exception of employment under an employment scheme (clause 13.3) or a tenure track appointment (clause 13.4) will be entitled to conversion to a continuing or continuing (contingent funded) appointment, subject to:

  1. the staff member is not currently subject to a Performance Improvement Plan in accordance with clause 72, and
  2. the staff member initially being appointed after a merit-based selection process to the position.

13.13.  The conversion to a continuing (contingent funded) appointment as outlined in clause 13.12 will be offered where the position is subject to funding from external sources, as described in clause 12.1.

13.14.  The University will offer fixed term staff conversion to a continuing or continuing (contingent funded) appointment in line with clause 13.12 from 1 January 2024.

13.15.  If a fixed term position is determined to be needed on an ongoing basis and the current incumbent has held that position for a period of three or more years, the staff member will be offered the continuing position, subject to:

  1. the staff member not currently subject to a Performance Improvement Plan in accordance with clause 72, and
  2. the staff member initially being appointed after a merit-based selection process to the position.

13.16.  If a staff member on a current fixed term appointment, was incorrectly engaged by the University to that appointment under clause 13.2 (or the corresponding clause under a previous Agreement), that staff member will be entitled to appointment to a continuing position. The classification, fraction and duties of the continuing employment shall correspond to the contract that was in force prior to the appointment of the employee to be a continuing employee, unless otherwise agreed between the University and the staff member.

Transition arrangements

13.17.  Prior to 1 January 2024, staff members will have access to conversion in accordance with clauses 14.4 to 14.6 of The Australian National University Enterprise Agreement 2017-2021.

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