The Varied Australian National University Enterprise Agreement 2005 - 2009

Part Two – Appointments

17.     Continuing (Contingent Funded) employment

17.1. A fixed term staff member appointed to a position funded by contingent funding for a period of 12 months or more, and who is to be appointed to their second consecutive contract, shall be employed on a continuing (contingent funded) contract of employment in accordance with this provision.

17.2. ‘Contingent funding” is limited term funding provided from external sources, 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.

17.3. Not withstanding the above, a fixed term staff member may be appointed, at the discretion of the Dean of a College, to continuing (contingent funded) employment using internal funds, where:

• the use of internal funding is for a limited period; and
• the area has a reasonable expectation that alternative contingent funding or a continuing appointment will become available; and
• the alternative would be the separation of the staff member from their position with the University.

17.4. The following provisions do not apply to staff on continuing (contingent funded) employment:

• where funding for continuation of a continuing (contingent funded) position ceases, the consultation provisions of clause 65 (Managing change) in respect to the contingent position that staff member occupies;
• clause 74 (general notice periods) or clause 66 (Redundancy) including payments that apply to staff employed on a continuing contract of employment;
• staff employed on fixed term employment or employment schemes as specified elsewhere under this Agreement.

17.5. Where the funding that supports a staff member’s continuing (contingent funded) employment ceases:

(a) the University may transfer the staff member to another equivalent position;
(b) if, during the notice period in clause 75 (Continuing (contingent funded)) appointments - notice periods and severance), the contingent funding for the position is renewed, the notice period ceases to apply and employment continues;
(c) if an application for renewal of the contingent funding for the position is still pending, the period of employment may continue for any period of paid leave the staff member is entitled to and thereafter unpaid leave to retain the employment relationship until a decision on the contingent funding is made. By agreement, payment of leave may be delayed for nine weeks to facilitate continuation of service. When payment of leave is made, leave balances will be reduced accordingly. Payment of severance may be delayed for nine weeks to facilitate continuation of service, but will be paid on termination if it is agreed the staff member is not likely to be offered further employment by the University.
(d) at the end of the notice period (and any such approved leave in accordance with the above), the employment relationship will cease and the severance payment in clause 77 (Severance pay) will be made to the staff member.

17.6. It is not the intention of this clause that the conditions of employment of a staff member be worse than had they been employed on a fixed term position subject to contingent funding. That is, a staff member employed or converted to continuing (contingent funding) employment would normally be engaged for the term of the funding supporting the position. Accordingly, the University shall not terminate the employment of a staff member on a continuing (contingent funded) basis unless:

(a) the contingent funding that supports the position ceases or is insufficient; or
(b) the inherent nature of the work required has changed significantly and the skills and experience of the staff member will not enable them to complete the requirements of the position; or
(c) termination is under the probation or disciplinary provisions of this Agreement.

17.7. If a staff member's employment is terminated under (a) and (b) above, and the staff member is eligible under this Agreement, the staff member will be provided notice and severance payments under clause 74 (general notice periods) and  clause 77.1 (Severance pay).

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