Australian National University Enterprise Agreement 2005-2008

Part Two — Appointments | Section 1 — Types of Appointments

10. Fixed Term Employment

10.1 'Fixed term employment' means employment for a specified term or ascertainable period, for which the employment contract will specify the starting and finishing dates of that employment. Where a fixed term appointment is made for a specific task or project, the contract may, in lieu of a finishing date, specify the circumstance(s) or contingency relating to the specific task or project upon the occurrence of which the term of the employment will expire.

10.2 Circumstances of fixed term appointments

The use of fixed term appointments will be limited to the employment of a person engaged in work activity that comes within the description of one or more of the following circumstances:

10.2.1 Specific task or project

'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. Without limiting the generality of that circumstance, it includes:

10.2.1(a) a period of employment provided for from identifiable external funding, but not 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

10.2.1(b) in the case of a general staff member, a genuine new organisational arrangement in which the practicality of permanently filling a position is dependent on the continuing operation of the area beyond 12 months (subject to paragraph 10.3.1(c)).

10.2.2 Research

'Research' means work activity by an academic staff member engaged on research only functions (as defined in Schedule 1) for a contract period not exceeding 5 years.

10.2.3 Replacement employee

'Replacement Employee' means a person:

10.2.3(a) undertaking work activity replacing a full time or part time employee for a definable period for which the latter employee is on authorised leave of absence or is temporarily seconded away from his or her usual work area; or

10.2.3(b) performing the duties of a vacant position for which recruitment action has commenced; or

10.2.3(c) performing the duties of a position the normal occupant of which is performing higher duties in a vacant position for which recruitment action has commenced.

10.2.4 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 for a fixed period not exceeding 2 years.

10.2.5 Pre-retirement contract

Where a staff member 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 5 years.

10.2.6 Student

Where a person is enrolled as a student, a fixed term contract may be adopted as the appropriate type of employment for work activity not otherwise described in sub-clause 10.2, provided that:

10.2.6(a) the work activity is generally related to the degree course that the student is undertaking; and

10.2.6(b) the period of fixed term employment does not extend beyond 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.

10.2.7 Senior management position

'Senior management position' means a position specified in sub-clause 5.3. Such an appointment will be in accordance with sub-clause 5.3 and clause 16 of this Agreement.

10.2.8 Apprentice

A person may be appointed as an apprentice for the time taken to complete an approved apprenticeship program.

10.2.9 Trainee technical officer

A person may be appointed as a trainee technical officer for a 4 year period or the period specified for completion of a prescribed course of study, whichever is longer. Provision will be made for the duration of the traineeship to be extended by mutual agreement between the University and the trainee due to illness or the need for additional time to complete the relevant courses.

10.2.10 Trainee

A person may be appointed as a trainee, other than a trainee technical officer, for the time taken to complete an approved training course or training program, provided that a full time appointment is for a period not more than 1 year and a part time appointment is for a period of not more than 1 year on a full time equivalent basis. A trainee will be appointed subject to an agreement made between the University and the trainee and registered with the relevant State or Territory Training Authority. Such an appointment will be in accordance with the special conditions prescribed in sub-clause 49.3 of this Agreement.

10.3 Specific conditions applying to fixed term general staff appointments

10.3.1 A fixed term appointment of a general staff member to other than a senior management position:

10.3.1(a) will not be for less than 3 months and will not normally be for more than 3 years, except that an appointment may be for up to 6 years in cases where positions are attached directly to externally funded grants and the funds for, and the duration of, such grants are secured and determined in advance;

10.3.1(b) subject to sub-clause 10.3.2, may be extended or renewed once only for a period not to exceed 12 months; and

10.3.1(c) where made in accordance with paragraph 10.2.1(b), will be made standard where the continuing existence of the area is confirmed and where the duties of the position continue.

10.3.2 There is no limitation on the number or duration of extensions or renewals of a fixed term appointment where:

10.3.2(a) the fixed term appointment is made in accordance with paragraph 10.2.1(a); and

10.3.2(b) the continuation of the identifiable external funding is subject to milestone reviews; and

10.3.2(c) any extension or renewal in excess of that contemplated by paragraph 10.3.1(b) is for the sole purpose of continuing to fill the position after the milestone review has resulted in a continuation of the identifiable external funding.

10.3.3 Notwithstanding sub-clause 10.2 and subject to paragraph 10.3.1(b) and sub-clause 10.3.2, where it is necessary that the duties of a fixed term position continue unchanged or substantially unchanged upon expiry of a fixed term appointment to that position, any further appointment to the position will be a standard appointment.

10.4 Employment conditions for fixed term staff (academic and general)

A fixed term staff member is entitled to the same employment conditions specified in this Agreement and where applicable as would apply to a staff member on a standard appointment engaged in an equivalent classification and working an equivalent proportion of normal weekly hours for the classification.

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