Human Resources

Part B - Appointments / Terminations / Classifications

11.   Appointments

11.1   An employee will be employed as either ongoing, ongoing contingent funded, fixed-term or casual. There shall be no limit on the number or proportion of employees that the University may employ in a particular type of employment.

11.2   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:

11.2.1   The title of the position;

11.2.2   If the position is part-time, the employment fraction;

11.2.3   The salary range applicable for the position;

11.2.4   The commencing salary;

11.2.5   Whether the position is ongoing or fixed-term, in which case it shall specify the term for which the position is being offered;

11.2.6   Any probationary period applicable; and

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the position is subject to external funding and the consequences for continued employment in the event that funds are withdrawn.

11.3   Every appointee, except one engaged on a casual or fixed-term appointment of less than 12 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 6 months. On the expiry of the period of probation the Vice-Chancellor may, on the recommendation of the Head, confirm or annul the appointment or extend the period of probation for a further period or periods not exceeding 6 months, but so that in any event the total period of probation shall not exceed 12 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 2 weeks prior to the conclusion of the initial probationary period.

11.4   An employee shall be advised of, and given an opportunity to make response to any adverse material about the employee which the University intends to take into account in a decision to annul the employment upon or before the expiry of the period of probation.

11.5   Appointment to a fixed-term contract shall be in accordance with Schedule F – Categories of Employment.

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12.   Employment

12.1   Contract of Service

12.1.1   The contract of service shall be by the month and may be terminated by not less than 1 months’ notice on either side given in writing on any day or by the payment or forfeiture as the case may be, of 1 month’s salary, except as otherwise provided in this Clause. Provided that:

(a)   During the probationary period the contract of service may be terminated by 2 weeks’ notice on either side given in writing on any day or by the payment or forfeiture, as the case may be, of 2 weeks’ salary; and

(b)   A lesser period of notice may be given at any time if the employer and the employee agree.

12.1.2   The contract of service for an ongoing contingent funded research, fixed-term or casual employee shall be in accordance with Schedule F – Categories of Employment.

12.1.3   Where a contract of service has been entered into and the monies allocated for salary purposes are funded from research grants or other externally controlled monies and a variation occurs in the salary prescribed for the level of work undertaken and there are insufficient funds available in the monies allocated for salary purposes, including on-costs, to meet the increase then the period of employment may be reduced by the period necessary to allow payment of the increase from the funds available. Provided that where, as a result of the variation, there are insufficient funds to continue the appointment the contract of service shall be terminated in accordance with subclause 12.1.1 of this Clause.

12.2   Misconduct

12.2.1   Where a matter of misconduct by an employee is to be investigated by the University, the Vice-Chancellor may suspend the employee, with or without pay, whilst the investigation is undertaken.

12.2.2   If in the case of a matter of misconduct not being substantiated after an investigation has been undertaken, then reinstatement of pay will occur if the employee has been suspended without pay.

12.2.3   In the case of a finding of misconduct by an employee, the Vice-Chancellor may decide upon one of the following courses of action:

(a)   Reprimand or censure the employee;

(b)   Withhold an increment of salary, where applicable, for a period not exceeding twelve months;

(c)   Suspend the employee for a period with or without pay; or

(d)   Terminate the employment of the employee.

12.2.4   The Vice-Chancellor may approve a reinstatement of pay if in circumstances the employee can demonstrate that the suspension of pay would cause significant and unmanageable financial hardship.

12.2.5   The procedures for a misconduct matter are outlined at Schedule J – Misconduct.

12.3   Redeployment, Redundancy and Retrenchment

12.3.1   An employee who holds an ongoing appointment and whose position becomes surplus to requirements shall be treated in accordance with Schedule E - Redeployment, Redundancy and Retrenchment.

12.4   Home-based Work

12.4.1   An employee who enters into a Home-based Work arrangement shall be treated in accordance with the University’s Home-based Work Policy.

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13.   Termination

13.1   Where the Vice-Chancellor decides to terminate in accordance with Clause 12 – Employment 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 decision and the reason for it.

13.2   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.

13.3   The provision of subclause 13.2 shall not apply to probationary employees or to casual or fixed-term employees at the expiry of the term.

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14.   Working Arrangements

The University supports employees having access to flexible working arrangements, subject to operational requirements.

14.1   Working Hours

14.1.1   Subject to this Clause, the normal hours of duty shall be 37.5 per week to be worked in one period of 7.5 hours per day (exclusive of meal breaks) between the hours of 6.00 am and 8.30 pm Monday to Friday inclusive, provided that by agreement between the University and an employee, the hours may be varied from time to time for that employee.

14.1.2   The implementation of the working of ordinary hours referred to in 14.1.1 above shall be agreed in each work location to reflect work demands, the needs of employees and the needs of clients. Any employee who is unable to work beyond 6.00 pm due to family responsibilities or who for any other reason is aggrieved and where agreement cannot be reached at the local level the matter shall be progressed under Clause 52 - Grievance Settlement Procedures of this Agreement. Whilst grievance settlement procedures are taking place, existing working arrangements shall continue.

14.1.3   In implementing the working of ordinary hours referred to in 14.1.1 above employees will be provided with a minimum of 4 weeks' notice when it is intended to vary the hours normally worked by the employee or employees. Provided that an employee may agree to accept a shorter period of notice in which case any variation to the hours may commence prior to the 4 week notice period having expired.

14.1.4   The normal hours of duty for the Security Superintendent shall be 10 am – 6.00 pm Monday, Tuesday, Wednesday and Friday and 4.00 pm - 12 midnight on Thursdays. Provided that with the agreement of the employee the hours worked may be varied to meet operational requirements.

14.1.5   The normal hours of duty referred to in subclause 14.1.1 may in the case of cleaning and gardening staff be worked between the hours of 5.00 am and 6.00 pm provided that any arrangements whereby the commencement time is earlier than 6.00 am are made with the agreement of the employee. Where such agreement is reached to commence work prior to 6.00 am the hours worked do not constitute a shift and the provisions of Clause 28 – Shiftwork: Conditions and Allowance shall not apply.

14.1.6   The employee may consult with their employee representative on any recommended change to the hours worked.

14.2   Flexible Working Hours

14.2.1   Where the working of flexible hours of duty by an employee is deemed practicable the employee will be given this option, as prescribed by this Clause, or by arrangements approved by the Vice-Chancellor.

14.2.2   An employee who works flexible hours may select their own start and finish times between the hours of 6.00 am - 8.30 pm Monday-Friday, provided that they perform the work required and attend at specific times as required by their supervisor.

14.2.3   An employee who works flexible hours is required to be on duty for all core time periods as stipulated in University policy unless the employee is on approved leave or unavoidably absent due to illness.

14.2.4   The settlement period for recording time worked shall consist of 4 weeks and the normal hours of work shall be 150 hours. Hours in excess of 150 hours to a maximum of 22.5 hours will carry over into the next settlement period. Any credit hours in addition to 22.5 hours will be lost unless there is approval by the Head to bank the flexi leave beyond 22.5 hours. Flexi leave which has been banked will not be paid out and must be cleared within a 12 month period. The Head and the employee must ensure that flexi leave is cleared at a mutually convenient time.

14.2.5   An employee who has in excess of 15 debit hours at the end of the settlement period will enter into an arrangement to clear the debit hours. The employee may choose to work the additional hours to make up the time, offset the debit against their leave or, have the salary equivalent of those hours debited against their salary. Employees who continue to have excess debit hours may be placed on standard working hours.

14.2.6   The Head may approve the accumulation of debit hours in excess of 15 hours to accommodate fluctuating or seasonal workloads without the requirement to take leave without pay. The Head and the employee are responsible for ensuring accumulated debit hours are cleared within a mutually agreed timeframe.

14.2.7   Flexi leave may be taken in minimum periods of 1 hour and may be taken on consecutive days to a maximum of 22.5 hours, where it is practicable and convenient.

14.2.8   The supervision of flexible working hours in accordance with this Clause and University policy is the responsibility of the Head or nominee.

14.3   Annualised Hours

14.3.1   Subject to Equal Opportunity of Employment, Affirmative Action and Occupational Health & Safety policies of the University, approval may be given by an authorised officer for an employee to work annualised hours where it is deemed practicable and convenient. In establishing the arrangements for annualised hours, the employee may elect to be represented by an employee representative.

14.3.2   Every arrangement to work annualised hours is to be applied for a specifically negotiated period. The period is to be a maximum of 1 year and a minimum of 1 month. The employee or the employer may provide notice at any time of their intention to withdraw from the annualised hours work arrangement. The notice period required shall be 4 weeks provided that a lesser period of notice may be given at any time if the employer and the employee agree.

14.3.3   Based on the requirement that a full-time employee works 1731 hours per annum, these hours may be annualised and the following limits shall apply:

Time Period Maximum Hours that may be Worked
Per Week 48 hours
Per Day 10 hours

14.3.4   Work will normally be conducted Monday to Friday provided that hours worked in excess of 10 hours on any day Monday to Friday or any hours worked on a Saturday or Sunday will be paid in accordance with Clause 24 – Overtime.

14.3.5   The following details must be negotiated, documented in writing and agreed to by the employee prior to the commencement of any arrangement to work annualised hours:

(a)   The commencement and end dates of the annualised working arrangement;

(b)   The dates when the employee will clear hours accumulated as a result of entering into an annualised hours work arrangement;

(c)   Whether there is a requirement for the employee to be present at the workplace for any specified times; and

(d)   A copy of the documented agreement will be forwarded to Human Resources for retention.

14.4   Academic Year Employment

14.4.1   The University may make appointments to vacant positions for a paid year normally to coincide with the academic year. In these circumstances employees will receive an annualised salary calculated on a pro-rata basis in the proportion of the hours worked over the year.

14.4.2   Leave shall be taken in line with rosters developed by the Head or nominee and shall count as service for Long Service Leave and increment purposes. All leave taken during the appointment will be paid at the annualised salary rate.

14.4.3   Payment to an employee proceeding on annual leave, in excess of the current year entitlement, or Long Service Leave shall be calculated on a pro-rata basis having regard for any period of full-time or part-time employment.

14.4.4   Personal leave or any other paid leave shall be paid at the annualised salary rate of full-time salary.

14.4.5   An employee who is required to work overtime shall be entitled to payment in accordance with the provisions of Clause 24 – Overtime and such payment shall be based on the full-time rate of pay applicable to the classification of the position occupied.

14.4.6   For the period of appointment, superannuation contributions shall be based on the actual salary paid.

14.4.7   No existing employee will be required to convert to an Academic Year appointment, however nothing precludes an employee from requesting this form of employment.

14.4.8   Prior to advertising positions on this basis, it will be necessary to demonstrate that the duties of the vacant position are closely linked to commitments of the academic year and activities which are predominantly student driven.

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15.   Part-Time Working Arrangements

The University supports employees having access to flexible working arrangements, subject to operational requirements.

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 – Working Arrangements of this Agreement.

15.2   The rate of salary for an employee appointed to work part-time shall be calculated on a pro-rata basis 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 x 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

Except as agreed between the employer and the employee, the parameters for the working of “ordinary hours” shall be the same as the span of hours provided in subclause 14.1 of this Agreement.

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 variations must be agreed to by the part-time employee. The employer must provide the employee with at least 2 working days’ prior notice of any variation to the employee’s ordinary working hours. In cases where the required notice is not provided and the employee’s ordinary working hours are varied the additional hours worked shall be paid at overtime rates.

If agreement is reached to vary an employee’s ordinary working hours pursuant to this subclause:

(a)   Time worked to 7.5 hours on any normal working day is not to be regarded as overtime but an extension of the ordinary hours for that day and shall be paid at the normal rate of pay;

(b)   Overtime shall not be payable unless the total time worked on any normal working day is 8 hours or more.

Additional days worked, up to a total of 5 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 – Incremental Progression 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 39 – Holidays and Christmas Closedown of this Agreement without deduction of pay in respect of each holiday which falls on a day ordinarily worked by the part-time employee.

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16.   Classification Review and Appeal

16.1   All Professional and General staff positions pursuant to this Agreement will be classified according to the Professional and General staff classification structure as specified in Schedule A – Classification and Salary Schedule consistent with the broad level classification descriptors as specified in Schedule B – Descriptors, which shall form the primary basis for determining position classifications.

16.2   An employee or Head may make an application to Human Resources for a determination with respect to the title and/or classification of a position once every 12 months. An employee has the right to apply for a classification review of their position, irrespective of any recommendation of support by the Head.

16.2.1   On receipt of an application for a classification review, Human Resources will advise the applicant when the review will occur and assess the application against the classification criteria at Schedule B – Descriptors of this Agreement. During this process there may need to be an interview with the supervisor or applicant to clarify duties in the position. Where this is required the applicant will be given 3 days’ notice and an indication of what will be discussed at the interview.

16.2.2   Once the classification of the position is reviewed, a report and recommendation is provided to the Deputy Director Human Resources or their nominee.

16.2.3   Where the application for reclassification is successful the new classification level is payable from the first pay period after the date of receipt of application.

16.3   Where an employee has been unsuccessful in a classification review, the employee may lodge an appeal. The appeal must be lodged with the Director, Human Resources within 14 days of the date of notification of the University’s determination. The Chair of the CRC may accept late lodgement of appeals where in his/her view sufficient extenuating circumstances exist.

16.4   The Director, Human Resources shall be responsible for ensuring that the appeal is referred promptly to the Classification Review Committee for determination as per Schedule C – Position Classification Review in this Agreement. Reclassification appeals will be heard and resolved where practicable within 3 months of the appeal being received by Human Resources.

16.5   The University shall retain the right to determine:

16.5.1   The title and/or classification of any new or vacant positions, having regard to the duties and responsibilities attached to those positions;

16.5.2   The title and/or organisational structure for any current position and/or groups of positions;

16.5.3   The criteria for appointment or promotion to any position and/or groups of positions.

16.6   Any determination made under this Clause shall be effective from the beginning of the next pay period following the date of receipt of the application by Human Resources.

16.7   The provisions of this Clause shall not apply to casual employees.

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