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Schedule F - Categories of Employment
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Schedule F - Categories of Employment
1 It is the intention of the University to ensure that all general staff fixed term contract positions be assessed at the end of their current contract to ensure that the future employment relationship matches the nature of the position. The four categories of employment are:
1.1 ongoing;
1.2 ongoing contingent funded research
1.3 fixed term; or
1.4 casual.
2. Ongoing
2.1 Defines a position that has an indefinite period of employment characterised by a long term need and funding. An ongoing contract should be offered if the position is ongoing or does not meet the criteria for fixed term contracts provided at subclause 3 of this clause.
3 General staff who are employed in positions at level HEE 10 or above are excluded from the application of the provisions below.
4 Ongoing contingent funded research contract of employment
4.1 An ongoing contingent funded research contract is a contract with limited term funding provided from external sources. Ongoing contingent funded research contract are not funded through an operating grant from government or funding comprised of payments of fees made by or on behalf of students.
4.2 A research intensive fixed term staff member may be appointed to an ongoing contingent funded research contract of employment where the staff member:
4.2.1 is .5 FTE or more;
4.2.2 has been employed continuously by UWA for a period of 3 years or more;
4.2.3 who is to be appointed to their second or subsequent consecutive contract; and
4.2.4 is employed on a research project.
4.3 Where the staff member meets all of the above criteria the staff member will move onto an ongoing contingent funded research contract.
4.4 Where funding is unavailable to cover their salary, they may apply to go onto the Safety Net scheme for 1 year, during which time they undertake duties commensurate with their levels of appointment, within their School or a cognate School.
4.5 Where a staff member is unsuccessful with an application to go onto the Safety net Scheme their employment will cease on the completion of their current contract;
4.6 Where a staff member has been placed on the Safety Net scheme, at the end of the one year term they will either:
4.6.1 be covered by a successful grant for the cost of their salary and go onto an ongoing contingent funded research contract; or
4.6.2 where a grant is not achieved to cover their salary their employment will cease on the completion of their current contract..
4.7 The following provisions of this agreement do not apply to staff on ongoing contingent funded research contract of employment:
4.8 An ongoing contingent funded research contract of employment may be terminated when:
4.8.1 the funding that supports the position ceases or is insufficient; or
4.8.2 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
4.8.3 termination is under the probation or disciplinary provisions of this Agreement.
4.9 If a staff member’s employment is terminated under 4.8.1 and 4.8.2 above, and the staff member will be provided notice and severance payments under clause 4.10.
4.10 Severance payments for staff on ongoing contingent funded research contracts of employment will be in accordance with the following:
| Period of continuous service |
Severance Pay |
| More than 1 year up to and including 2 years |
4 weeks’ pay |
| More than 2 years up to and including 3 years |
6 weeks’ pay |
| More than 3 years up to and including 4 years |
7 weeks’ pay |
| More than 4 years up to and including 9 years |
8 weeks’ pay |
| More than 9 years up to and including 10 years |
9 weeks’ pay |
| More than 10 years |
12 weeks’ pay |
4.11 Staff are excluded from the above severance scales where the:
4.11.1 Staff member declines the further employment;
4.11.2 Staff member does not seek to continue the employment;
4.11.3 Staff member obtains further employment within the University without the loss of accrued entitlements;
4.11.4 University assists the staff member in securing the same or similar employment with another employer, with a transfer of all accrued entitlements.
4.12 Where employment is terminated under the provisions of this clause the staff member will be provided with a minimum of 4 weeks notice of termination, or 5 weeks if the staff member is over 45 years of age, which the University may pay out in lieu of notice.
4.13 The intention of this clause is to provide greater certainty regarding terms of employment and to maintain or improve on conditions from previous contracts.
5. Fixed Term
5.1 “Fixed-term employment” means employment for a specified term or ascertainable period, for which a letter of appointment will specify the starting and finishing dates of that employment, (or in lieu of a finishing date, will specify the circumstance(s) or contingency relating to a specified task or project, upon the occurrence of which the term of employment shall expire), and for which during the term of employment, the contract is not terminable, by the employer, other than during a probationary period, for cause based upon serious or wilful misconduct, or where the position is subject to external funding, the funds are withdrawn.
5.2 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.
5.3 An employee shall be advised of, and given and opportunity to make a response to, any adverse material about the employee which the employer intends to take into account in a decision to annul the employment upon or before the expiry of the period of probation.
5.4 Any second or subsequent fixed term contract which does not follow a break in service with the University shall not contain a probationary period.
5.5 The use of "fixed-term employment" shall be limited to the employment of an employee engaged on work activity that comes within the description of one or more of the following circumstances:
5.5.1 Specified task or project
“Specified task or project” shall mean a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe.
5.5.2 External funding
“External funding” shall mean identifiable funding external to the University not being funding that is part of an operating grant from government, or funding comprised of payment of fees made by or on behalf of students. A named position or a position directly related to a named position which is specifically provided for from external funding, may be filled on a fixed-term contract basis consistent with the terms and conditions stipulated by the funding body.
5.5.3 Research
“Research” means an activity by a person engaged on research-only functions for a contract period not exceeding five years.
5.5.4 Replacement employee
“Replacement employee” means an employee engaged for the purpose of replacing, either directly or indirectly, an employee on leave, acting or seconded to duties away from his/her usual area of employment.
5.5.5 Recent professional practice required
Where there is a requirement that a person who has recent practical or commercial experience undertake work as a professional or specialist engaged in the provision of services, such a person may be engaged for a fixed period not exceeding two years.
5.5.6 Pre-retirement contract
Where a full-time or a part-time employee declares that it is his or her intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to five years.
5.5.7 Student
Where a person is enrolled as an undergraduate or postgraduate student at the University, a fixed-term contract may be adopted as the appropriate type of employment and shall be for a period that does not extend beyond, or that expires at the end of, the academic year in which the person ceases to be a student.
5.5.8 Uncertainty over future requirements
Where there is uncertainty over future requirements, such as where the University or some portion of the University is undergoing or is about to undergo major organisational change, or where a new course is being developed and implemented, a fixed-term contract can be used.
5.5.9 Fill a vacancy on a temporary basis
An employee may be employed on a fixed-term basis for a limited period of up to 6 months (with the possibility of an extension for a further period or periods by agreement between the parties) to replace a staff member who has resigned or retired, where the position is pending advertisement and appointment.
Fixed-term employment under this category does not have to be at the same level as the position pending advertisement.
5.5.10 Any other reason
A fixed term contract may be adopted for any other reason as agreed between the University and the relevant union.
5.6 Concurrent appointments
5.6.1 As a general principle, staff should be employed under a single employment contract. However, it is recognised that:
- part-time staff of the University may voluntarily engage in casual employment with the University; and
- part-time staff of the University may voluntarily hold two discrete appointments.
5.7 Notice
5.7.1 The University shall provide to a fixed term employee, who is employed on a contract for a specified task or project or research-only functions or where recent professional experience is required, written notice of the University’s intention to renew or not to renew employment with the University or to provide comparable alternative employment upon the expiry of the employment contract.
5.7.2 “Comparable Alternative Employment” shall mean employment which provides the employee with overall conditions and salary comparable to existing conditions and salary. Comparable alternative employment may be within the University or with another employer within Western Australia that has recognised links with the University.
5.7.3 Notice shall be determined as follows:
| Up to 1 year |
2 weeks |
| 1 year but less than 3 years |
2 weeks |
| 3 years but less than 5 years |
3 weeks |
| 5 years or over |
4 weeks. |
5.8 Offer of further employment
5.8.1 Where the University has made a decision to continue a position or continue a position with the same or substantially similar duties, the incumbent will be offered further employment in that position. An offer of further employment is made on the basis that:
- the incumbent was employed through a competitive and open selection process; and
- the incumbent has performed satisfactorily in the position.
5.9 Severance Pay
5.9.1 Severance pay shall be payable, as outlined below, where:
- the University has made a determination in accordance with sub clause 5.7 of this schedule and
- the staff member seeks to continue employment, and
- the staff member has been employed on a second or subsequent fixed term contract, and
- the staff member is not employed on a fixed term contract to undertake predominantly research or specific task or project or is funded by an identifiable funding source 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, and
- the staff member has entered into the second and/or subsequent fixed term contract of employment after the date of certification of this Agreement.
| Length of continuous service |
Severance Pay |
| 3 years or more but less than 4 years |
4 weeks' pay |
| 4 years or more but less than 5 years |
5 weeks' pay |
| 5 years or more but less than 6 years |
6 weeks' pay |
| 6 years or more but less than 7 years |
7 weeks' pay |
| 7 years or more but less than 8 years |
7 weeks' pay |
| 8 years or more but less than 9 years |
8 weeks' pay |
| 9 years or more but less than 10 years |
9 weeks' pay |
| 10 years and over |
12 weeks' pay |
5.9.2 Where severance pay is payable under clause 1.5.9, staff members with 5 or more years of continuous service shall also be entitled to payment in lieu of long service leave calculated at the rate of 1.3 weeks per year of service.
5.10 Severance pay - Specific Task or Project and Research Only function contracts
5.10.1 A fixed-term contract employee employed on a contract for a specific task or project or research-only function who does not secure comparable alternative employment after their contract expires because:
- the same or substantially similar duties are not required by the University, or
- the duties of the kind performed in relation to the work continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties, shall be entitled to the following amount of severance pay in respect of a period of continuous service:
| Period of continuous service |
Severance pay |
| More than 1 year but less than 2 years |
4 weeks |
| More than 2 but less than 3 years |
6 weeks |
| More than 3 but less than 4 years |
7 weeks |
| More than 4 years |
8 weeks |
5.10.2 Where the University offers and an employee does not accept comparable alternative employment, severance shall not be paid.
5.11 Continuous Service
5.11.1 For the purpose of these provisions, breaks between appointments of up to two times per year and of up to six weeks shall not constitute breaks in service.
5.11.2 Periods of approved unpaid leave or casual employment shall not count for service, but shall not constitute breaks in service for the purposes of these provisions.
5.12 Dispute Resolution
A dispute as to the classification of the type of employment of an employee covered by this Agreement, or as to whether an entitlement shall be payable to a fixed-term employee, shall be dealt with in accordance with the dispute settling procedures outlined in this Agreement.
6. Casual Employment
Casual contracts will be offered when the nature of the work requires the engagement of an employee by the hour and paid on an hourly basis
6.1 Minimum Hours
6.1.1 Subject to sub-clauses 6.1.2 to 6.1.6 the minimum engagement for a casual employee is 3 hours; other than for students of the University for whom the 3 hours may be worked over the fortnightly payroll period.
6.1.2 The minimum engagements listed in the following table will apply to those employees employed to perform the corresponding type of work listed in the table.
| Type of employee |
Minimum hours of engagement per day |
| Community outreach workers including: orientation day, open day, campus guides, school demonstrations, career evenings and human movement vacation workers |
1 |
| Hospitality workers including persons employed in any capacity in connection with accommodation, with the selling of drinks, preparing and serving food and drinks, cleaning and attending to the premises and all other services associated therewith. |
2 |
| Pastoral and farm workers employed in connection with management , rearing or grazing of livestock; the sowing raising or harvesting of crops; the preparation and treatment of land for purposes outlined above and shearing or crutching of sheep. |
1 |
| Grape pickers and other workers incidental to wineries and vineyards |
1 |
| Security officers, Security guards, mobile patrol persons, control room operators |
1 |
| Cleaners |
2 |
| Building and maintenance including tradespersons (other than electricians) and all maintenance workers employed in relation to building |
1 |
| Nurses, nurse educators, nurse managers or nursing consultants |
1 |
| Aged and disability care workers |
2 |
| Attendants/employees in residential colleges or halls of residence |
1 |
| Gardeners including all employees engaged in the performance of work in or in connection with, or incidental to the industrial pursuits of gardening and green keeping, including ground keepers |
1 |
6.1.3 A employee who is a student (including a post graduate student), and who is expected to attend the University on the day in question in his or her capacity as a student shall have a minimum engagement of 1 hour.
6.1.4 Without limiting the scope of this clause, for the purpose of this clause, a student will be taken as being expected for attendance on any Monday to Friday during the main teaching weeks of the University, other than public holidays.
6.1.5 Students who work outside of the main teaching weeks may be engaged for a minimum of 3 hours, which can be worked over the fortnightly payroll period.
6.1.6 A employee who has a primary occupation with another employer, or who has a primary occupation within the University in other than the casual appointment in question, will have a minimum engagement of 1 hour.
6.1.7 In order to meet his or her personal circumstances, a casual employee may request, and his or her supervisor may agree, to an engagement for less than the minimum specified in this sub-clause (sub-clause 1.6).
6.2 Overtime for General Staff
Overtime is only payable to casual general staff in rspect of work in excess of 20% of the ordinary weekly hours of an equivalent full time employee, on one day. In respect of such excess, the employee shall receive the greater of overtime rates or the casual loading, but not both.
6.3 Casual loading
6.3.1 A loading of 23% of basic salary will be paid to casual appointees
6.3.2 The loading for casual staff will be increased from 23% to 24% from the first full pay period in July 2009. (Effective date 6th July 2009)
6.3.3 A further increase of the loading to 25% will be considered during 2009.
6.3.4 The casual loading is in lieu of entitlements specifically excluded from this Agreement, including all leave entitlements, penalties and loadings for such appointments.
6.4 Contract of service
The contract of service for a casual appointee shall be by the hour and may be terminated by one hour’s notice on either side.
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