Purpose
This policy supports the provisions for the employment of contractors on a fixed-term basis at our company.
Scope
This policy applies to the employment of fixed-term contracted staff at our company. A fixed-term contract will specify the starting and finishing dates of that employment or, in the absence of a finishing date, will specify the circumstance(s) or contingency relating to a specific task, or project, upon which the contract of employment will cease.
Policy Statement
Fixed-term employment means employment for a specified term or ascertainable period. Fixed-term employment provides a mechanism for the engagement of contractors on other than a continuing basis to fulfil temporary work activity needs to be identified by our company. The use of fixed-term employment at our company will be subject to operational and contractual requirements and will be managed in line with this policy.
This policy supports the fixed-term employment provisions of our company and sets out the administrative processes (such as, the provision of notice and severance payments) associated with fixed-term employment.
Fixed-Term
The use of fixed-term employment is limited to the employment of a staff member engaged to work on activity that comes within the description of one or more of the following circumstances:
- Specific Task or project
- means a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe.
- undertaking work activity replacing a full-time, fractional or part-time employee for a definable period for which the replaced staff member is either on authorised leave of absence or is temporarily seconded away from their usual work area; or
- performing the duties of:
- a vacant position for which our company has made a definite decision to fill and has commenced recruitment action; or
- a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by our company and in progress for that vacant higher duties position; until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable. A fixed-term contract offered under this provision will normally not extend beyond six months.
- Pre-retirement contract
- Where a full-time or a part-time staff member declares that it is her or his intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate employment type for a period of up to six (6) months.
- New Organisational Unit
- A fixed-term contract may be offered in the case of employment in a new organisational area about which there is uncertainty as to whether it will continue or to perform specific commencement activities. Where there continues to be an uncertainty as to whether the organisational area will continue, a further fixed-term contract of a maximum of twelve (12) months may be offered to the incumbent employee after the initial contract.
- Disbanded Organisational Unit
- Where an organisational work unit has been the subject of a decision by our company to discontinue that work within three (12) months, fixed-term contract employment may be offered to work in that work unit.
- Post-retirement contract
- A staff member who has retired from the company and who is eligible to access their retirement benefit from their relevant superannuation fund may be engaged for a limited time.
Probation
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. Other than in accordance with the provisions of the Probation for Continuing Academic Staff Policy, any second or subsequent fixed-term contract with our company for the same or similar role shall not contain a probationary period.
As a condition incidental to employment on probation, a staff member must be advised of, and given an opportunity to make a response to, any adverse material about the staff member which our company intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation.
Termination
Fixed-term employment is terminable:
- by the resignation or retirement of the staff member,
- during a probationary period,
- by the abandonment of employment by the staff member
- by the staff member’s death;
- by our company for unsatisfactory performance, medical separation, serious or willful misconduct, or
- where the position is declared redundant.
In the circumstances described in the payments or notice period that apply to a continuing staff member would apply to a fixed-term staff member. In the case of redundancy, the staff member will be paid out the balance of the contract or receive 6 months’ salary whichever is the greater.
Notice of cessation or revocation of employment upon expiry of the contract
Our company will provide to a fixed-term staff member written notice of the organisation’s intention to renew, or not to renew, employment with the company upon the expiry of the contract.
Such notice will be:
Period of Continuous Service
Period of Notice
less than 3 years
At least 2 weeks
3 years but less than 5 years
At least 3 weeks
5 years or over
At least 4 weeks
Over 10 years and greater than 2 years continuous service
Plus one additional week to the above
Severance Pay
A fixed-term staff member whose contract of employment is not renewed in circumstances where the staff member seeks to continue the employment will be entitled to a severance payment or retrenchment benefit payment howsoever called in accordance with the following in the following circumstances:
- the employee is employed for a fixed term greater than 12 months, or
- the employee is covered by a registered agreement
Severance Payments for eligible fixed-term employees
Period of Continuous Service
Severance Payments
greater than 1 year but less than 2 years
4 weeks
at least 2 years but less than 3 years
6 weeks
at least 3 years but less than 4 years
7 weeks
Over 10 years and greater than 2 years continuous service
12 weeks
If our company offers acceptable alternative employment for an employee who is otherwise entitled to a severance payment, then that employee is not entitled to a severance payment. An employee shall not unreasonably decline an offer of acceptable alternative employment.
Entitlements and calculation of continuous service
A fixed-term employee will be entitled to the same terms and conditions in respect to the same matters as would apply to a continuing staff member engaged in an equivalent classification and working an equivalent proportion of normal weekly ordinary hours for the classification. For the purpose of this policy, breaks between fixed-term appointments of up to two times per year and of up to six weeks in total will not constitute breaks in continuous service. Periods of approved unpaid leave will not count for service, but will not constitute breaks in service for the purposes of this clause.
Right of application
No employee employed on a fixed-term contract (other than a staff member employed on a preretirement contract) will be prevented from making application to our company, nor having her or his application for employment considered solely because the staff member has previously been employed on a fixed-term contract by our company.
Conversion from Fixed-term to Continuing Employment
If our company decides that a fixed-term position is to be made continuing, and an employee has satisfactorily completed at least three (3) years of continuous service in that position (or equivalent) on two (2) or more fixed-term appointments, the employee will be considered for appointment to the continuing position subject to the staff member:
- having been originally appointed following open competitive selection; and
- meeting the criteria for appointment to our companyy for that position; and
- being assessed as performing the duties of the position to a satisfactory standard following performance review under the company’s performance review and development processes. A satisfactory assessment includes the employee’s probation being confirmed, and/or incremental progression being awarded and/or the staff member receiving a satisfactory evaluation arising from the annual performance review.
Approvals
A request to offer fixed-term employment must be submitted for approval by the appropriate delegated officer. Information on delegated officers for fixed-term employment approvals is available in the relevant Delegations of Authority Policy & Register.
Procedures for Fixed-Term Employment
A nominated supervisor wishing to fill a position should follow one of these processes:
- for a direct appointment, or
- to advertise the position
When completing these processes, the supervisor will identify:
- the mode of employment as fixed-term, and
- the reason for fixed-term employment. This must comply with one of the reasons set out in this policy.
Waiver of Recruitment and Selection Policy
If the recommendation seeks the waiver of the normal Recruitment and Selection policy requirements in relation to the advertising of employment opportunities, justification for this waiver should be included on the FTED for the delegated officer’s consideration.
Expiry of a Fixed-term Contract
Prior to the expiry of an employee’s fixed-term contract, a Fixed-Term Expiry Date (FTED) form will be presented to the nominated supervisor via Whirligig Scheduling as a task. An email will also be sent with a link to the form. The FTEA form provides the nominated supervisor with relevant information concerning the expiry of the employee’s fixed-term employment contract(s) and provides decision options.
These employment decisions include:
- further fixed-term contract;
- convert to continuing, with or without advertisement;
- contract end. Once the nominated supervisor decides on an employment option, the form is submitted and will be assigned to an HR staff member to review and initiate the relevant workflow process.
Advertising the Position
It is the responsibility of the nominated supervisor to complete the FTED form in a timely manner, including the employment option being proposed. If a decision is made to advertise the position, it should be noted that sufficient lead time will be required to ensure that all steps involved in the recruitment and selection process can be undertaken within the timeframe required.
Provision of Notice
If it is recommended to not offer the fixed-term staff member a further contract, the recommendation must be received in time to enable the provision of appropriate notice to the employee. Clause 3.4 of this policy outlines the notice periods required to provide written notice. In the absence of timely advice of such notice, our company may be obliged to make payment in lieu of the requisite notice of termination to a fixed-term staff member.
Documentation
- FTED form (Fixed-Term Expiry Date )