11. Types of Employment

  1. Types of Employment
    1. Engagement of Employees
      1. The University shall engage a person as an employee on terms that correspond with one or other of continuing, fixed term, or casual employee basis in accordance with this clause.
      2. Provided that prior approval is not unreasonably withheld by the employee’s supervisor, nothing in this Agreement prevents an employee engaging in additional work as a casual employee at UNE in work unrelated to, or identifiably separate from, the employee’s normal duties and hours of work. The payment of overtime under clause 19, Ten Hour Breaks, does not apply to such additional casual work. The provisions of this Agreement to not work excessive hours should also be considered by employees and supervisors if engaging in additional casual work.
    2. Continuing Employment

      "Continuing Employment" means all employment other than "fixed-term" or "casual". Continuing Employment may be full-time or part-time.

    3. Part-time employment

      "Part-time employment” means employment for less than the normal weekly ordinary hours specified for a full-time employee, for which all entitlements are paid on a pro-rata basis calculated by reference to the time worked.

    4. Fixed-term employment

      “Fixed-term employment” may be full-time or part-time, and means employment for a specified term or ascertainable period, for which the instrument of engagement 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 specific task or project, upon the occurrence of which the term of the employment shall expire) and for which, during the term of employment, the contract is not terminable, by the University, other than for cause based upon serious or willful misconduct or within the first three months of employment.

      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:

      1. “Specific task or project” shall mean a definable work activity which has a starting time and which is expected to be completed within an anticipated time frame. Without limiting the generality of that circumstance, it shall also include 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” means work activity by a person engaged on research-only functions for a contract period not exceeding five years.
      3. “Replacement Employee” means an employee:
        • undertaking work activity replacing a full-time or part-time employee for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded away from his/her usual work area, or has reduced their fraction of employment for a defined period of time; or
        • performing the duties of:
          • a vacant position for which the University 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 the University and in progress for that vacant higher duties position*
          • *until a full-time or part-time employee is engaged for the vacant position or vacant higher duties position as applicable.
      4. “New area” shall mean a work activity where a new discipline or work area has been established, there is genuine uncertainty over future requirements and where the practicality or ongoing need for the position is not known. New area does not mean the shifting of existing functions from an existing work area through a restructure or workplace change. The fixed-term contract period shall not exceed three years.
      5. If the position or substantially the same position occupied by the employee continues beyond three years the employee shall be offered conversion to continuing employment in that position (or in another agreed position) at the conclusion of the contract period as long as the original appointment was via merit selection.

      6. “Disestablished area” shall mean a work activity where a discipline, course or work area/unit has been disestablished and the work of that area/unit is to be phased out over a period of time, not being more than three years. The fixed-term contract period shall not exceed three years.
      7. A fixed term contract under this sub-clause can only be offered where a final decision has been made to disestablish a work activity after following the procedures in Clause 43.

        Should the decision to disestablish the work area/unit be reversed, or should for any other reason the employee's position or substantially the same position continue beyond a three year period, the employee shall be offered conversion to continuing employment as long as the original appointment was via merit selection.

      8. Recent professional practice required - Where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged on a fixed-term contract. For the purpose of this paragraph, practical or commercial practice will be considered as “recent” only when it has occurred in the previous two years.
      9. 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 mutually agreed as the appropriate type of employment for a period of up to five years.
      10. Fixed-term contract employment subsidiary to studentship - Where a person is enrolled as a student, employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding paragraphs of this sub clause, that is work within the student’s academic unit or an associated research unit of that academic unit and is work generally related to a degree course that the student is undertaking within the academic unit, provided that:
        • such fixed-term contract employment 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, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and
        • that an offer of fixed-term employment under this paragraph shall not be made on the condition that the person offered the employment undertake the studentship.
      11. Apprenticeship or Traineeship – An apprentice or trainee employed pursuant to an apprenticeship or traineeship approved by the relevant State or Territory training authority
    5. Casual Employment

      "Casual employment" shall mean a person engaged by the hour and paid on an hourly basis that includes a loading related to benefits for which a casual employee is not eligible. The minimum period of engagement of a casual will be three (3) hours.

    6. Casual Student Employment

      “Casual Student Employment” is a separate category of professional staff employment. The hours a casual student employee works are subject to availability, relevant to their study timetables requirements. Casual student employees will be paid an all-inclusive rate as set out in the Schedule 2, regardless of days worked. The minimum period of engagement of a casual student will be one (1) hour.

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