Human Resources

Part B - Appointments/Terminations

9.   Vacancies

Any vacancies under the terms and conditions of this agreement will be filled in accordance with the University’s Staff Selection Policy and Procedure - Part A – Recruitment and Selection

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10.   Appointments

10.1   Employees may be appointed as ongoing, fixed term or casual.

10.1.1   Not fewer than 8 full time equivalent teachers, one of which shall be the Director of Studies, shall be employed as ongoing. In determining the number of ongoing positions regard will be had to the average number of classes and the minimum number of teachers required to ensure implementation of programmes.

10.1.2   An employee who after completing a one year contract successfully undergoes a competitive selection process should be offered a further contract of not less than two years.

10.2   Ongoing defines a position that has an indefinite period of employment characterised by a long term need and funding.

10.3   Fixed term contracts are employment contracts for a prescribed length of time that is defined by a commencement and a cessation date.

10.4   Casual contracts are contracts which are offered when the nature of the work requires the engagement of an employee for either:

10.4.1   regular hours on a full time or part time basis for a period of time not exceeding 5 weeks;

10.4.2   irregular hours for a period of up to 12 months;

10.5   Where a position is to be filled on an ongoing or fixed term basis, a written offer of appointment will be made. Offers will include

10.5.1   the title of the position;

10.5.2   if the position is part time, the employment fraction;

10.5.3   the salary range applicable for the position;

10.5.4   the commencing salary;

10.5.5   whether the position is ongoing or fixed term, in which case it shall specify the term for which the position is being offered;

10.5.6   any probationary period applicable; and

10.5.7   whether the position is subject to external funding and the consequences for continued employment in the event that funds are withdrawn.

10.6   Every appointee, except one engaged on a casual or fixed term appointment of less than twelve months shall in the first instance be appointed on probation only and may be continued in such probationary appointment for a period of up to six months. On the expiry of the period of probation the Vice-Chancellor may, on the recommendation of the Director, confirm or annul the appointment or extend the period of probation. Probation may be extended in the first instance for a period not exceeding the initial period of probation and for successive periods, provided that the total period does not exceed twelve months. Should an appointee on probation have the period of probation extended the appointee shall be notified of the reason in writing not less than two weeks prior to the conclusion of the initial probationary period.

10.7   An employee shall be advised of, and given an opportunity to make 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.

10.8   Appointment to a fixed term contract shall be in accordance with Schedule D – Fixed Term Contract Employees.

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11.   Contract of Service

11.1   Ongoing and fixed term contract employees shall be required to give not less than one months’ notice in writing, unless the University and the employee can agree to a shorter period. Employees on probation may be terminated by two weeks’ notice on either side, given in writing.

11.2   Where a contract of service has been entered into and the monies allocated for salary purposes are funded from student enrolments or other externally controlled monies, which then cease, then the period of employment may be reduced or the contract of service may be terminated by the University with not less that one month’s notice, in writing, unless the University and the employee can agree to a shorter period.

11.3   The contract of service for a casual employee shall be by the hour and can be terminated by one hours notice on either side.

11.4   The provisions of Schedule C – Redeployment, Redundancy and Retrenchment will be followed where an ongoing appointment held by an employee becomes surplus to requirements.

11.5   Severance for fixed term employees will be paid in accordance with Schedule D.

11.6   Where ongoing and fixed term contract employees are over 45 years of age and have completed at least two years of continuous service on the end date of the notice period, the notice period will be increased by an additional one week.

11.7   This clause does not affect the right of the University to dismiss an employee for serious misconduct.

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12.   Termination

12.1   Where the University resolves to terminate in accordance with clause 11 of this Agreement other than in the case of a casual employee or an employee on probation, the employee shall be advised in writing of the resolution and the reason for it.

12.2   Any dispute between the University and the employee (who may choose to be represented by their employee representative) as to whether the reasons giving rise to the notice of intention to terminate are correct or justifiable or warrant such action may be referred to the FWC in accordance with the Act for determination.

12.3   The provision of subclause 12.2 shall not apply to casual, fixed term at the expiry of the term or probationary employees.

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13.   Termination of Employment on the Grounds of Ill Health

13.1   The Vice-Chancellor may require, in writing, any staff member whose capacity to perform the duties of his or her office is in doubt to undergo a medical examination by a medical practitioner chosen by the institution at the expense of the institution.

13.2   The Vice-Chancellor shall provide a staff member with reasonable written notice which shall be not less than one month save in exceptional circumstances that a medical examination is required. Where the staff member elects to apply to the staff member's superannuation fund, prior to the expiry of the period of notice, for ill-health retirement or temporary disability benefit pursuant to the rules of the superannuation fund, the requirement for a medical examination under subclause 13.1 hereof shall lapse forthwith and no further action shall, subject to subclause 13.3 hereof, be taken by the Vice-Chancellor under this clause.

13.3   Where the superannuation fund decides that the staff member, following a period of receipt of a temporary disability benefit, is capable of resuming work and the Vice-Chancellor elects to dispute this decision, the Vice-Chancellor may proceed in accordance with this clause without further recourse to the provisions of subclause 13.2 hereof.

13.4   A copy of the medical report made by the medical practitioner pursuant to subclause 13.1 hereof shall be made available to the Vice-Chancellor and to the staff member.

13.5   If the medical examination reveals that the staff member is unable to perform his or her duties and is unlikely to be able to resume them within a reasonable period, being not less than 12 months, the Vice-Chancellor may, subject to subclause 13.6 hereof, terminate the employment of the staff member in accordance with the notice required by the staff member's contract of employment or where no notice is specified a period of 6 months. Prior to taking action to terminate the employment of a staff member, the Vice-Chancellor may offer the staff member the opportunity to submit a resignation and, if such a resignation is offered, shall accept it forthwith and not proceed with action to terminate employment.

13.6   If within 14 days of the report being made available, the staff member or a person acting on their behalf so requests, the Vice-Chancellor shall not terminate the employment of the staff member in accordance with subclause 13.5 hereof unless and until the findings of the report are confirmed by an independent specialist or panel of specialists agreed to between the University and the local branch of the Union.

13.7   In making an assessment as to whether or not a staff member is unable to perform his or her duties and is unlikely to be able to resume them within a reasonable period, the medical practitioner or panel of medical practitioners appointed pursuant to this clause shall as far as possible apply the similar standards as are required to undertake the work required having regard to the operation of the staff members superannuation scheme.

13.8   These provisions shall not displace or override any existing workers compensation schemes or awards whether State or Federal, including Work Cover, or the provisions contained in any workers compensation legislation that may be enacted.

13.9   The Vice-Chancellor may construe a failure by a staff member to undergo a medical examination in accordance with these procedures within a reasonable time after a written notification, which shall be not less than two months, save in exceptional circumstances, as prima facie evidence that such a medical examination would have found the staff member unable to perform his or her duties and unlikely to be able to resume them within 12 months, and may act accordingly; provided that such a refusal by a staff member in these circumstances shall not constitute misconduct nor lead to any greater penalty or loss of entitlements than would have resulted from an adverse medical report.

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14.   Hours of Duty

14.1   Except as provided in subclause 14.2 of this clause or where the working of flexible hours under arrangements are approved by the Vice-Chancellor is permitted, the normal hours of duty shall be 37.5 per week.

14.2   Hours worked in excess of 37.5 per week with the prior approval of the Director shall be taken as time off in lieu (TOIL) at a time mutually convenient.

14.3   Hours taught as relief will be granted as TOIL to be taken during the Centre’s non- teaching week or at a time agreeable to the Director or delegated representative.

14.4   Employees shall be responsible for a maximum of 20 hours face to face teaching per week. Where a teacher specifies a preference for a two teacher team teaching arrangement this will be accommodated where possible. In such circumstances the nominated teacher coordinator teaches the greater number of hours.

14.5   Where an employee is absent from the workplace and unable to do face to face teaching then other employees who are on preparation time, may, if they agree, substitute for the employee who is absent. In such a case, the employee who is substituting can do so for a maximum of 6 hours in a teaching term and will accrue TOIL on the basis of 2 hours time off for each hour of face to face teaching. TOIL is to be taken at times negotiated by the employee and the Director or delegated representative.

14.6   Employees will be required to perform no more than 6 hours per day of face to face teaching, except where the employee agrees in writing to teach a greater number of hours on any one day.

14.7   Employees may vary their contracted hours per week subject to the approval of the Director. Employees who request a change in their number of hours of work on a temporary basis may not be guaranteed a return to their original number of hours of work on the cessation of such temporary reduction, unless an agreement to return to the original number of hours has been made prior to the reduction in hours taking effect.

14.8   Employees shall be available for consultation with individual students outside Scheduled teaching hours at times arranged between individual employees and students.

14.9   The parties agree to vary the provisions of this clause to ensure compliance with any amendments made by the National English Language Teaching Accreditation Scheme (NEAS). In addition the parties agree to vary the provisions of this clause should it be determined in the best interests of the Centre in order to remain competitive in the market place having regard to any amendments made to NEAS provisions.

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15.   Part-Time Employees

15.1   An employee may be appointed in a part-time capacity to work less than the normal hours of duty of 37.5 as prescribed by clause 14 of this Agreement.

15.2   The rate of salary for an employee appointed to work part-time shall be calculated pro rata to the salary appropriate to the class of work for which the employee is engaged in the proportion which the hours of work bear to 37.5.

Formula for calculation of salary:

Hours worked each fortnight    ×    Full-time fortnightly salary
75   1

15.3   An employee appointed to work part-time shall be allowed entitlements in accordance with the provisions of this Agreement in the proportion which the hours worked bear to 37.5. Specifically the following shall apply to part-time employees:

15.3.1   Hours of Duty

The employer shall inform an employee appointed to work part-time of the prescribed weekly and daily hours. These hours will constitute the ordinary working hours of the employee.

There may be reasons for temporary variations to an employee’s ordinary working hours. As the usual reasons for seeking part-time employment are because of other commitments, any proposed variation must be agreed to by the part-time employee. The employer must provide the employee with at least three working days’ prior notice of any variation to the employee’s ordinary working hours.

Additional days worked, up to a total of five days per week, are also regarded as an extension of the contract and should be paid at the normal rate.

15.3.2   Annual Increments

An employee appointed to work part-time shall be entitled to annual increments in accordance with clause 22 of this Agreement, subject to meeting the usual performance criteria.

15.3.3   Leave

An employee appointed to work part-time shall be allowed entitlements in accordance with the provisions of this Agreement in the proportion which the hours worked bear to 37.5.

Payment to an employee proceeding on annual leave and long service leave shall be calculated on a pro rata basis having regard for any variations to the employee’s ordinary working hours during the accrual period.

Sick leave and any other paid leave shall be paid at the current salary, but only for those hours or days that would normally have been worked had the employee not been on such leave.

15.3.4   Holidays

A part-time employee shall be entitled to the holidays as prescribed in clause 29 of this Agreement without the deduction of pay in respect of each holiday which falls on a day ordinarily worked by the part-time employee.

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