Part B - Employment Regulations

19. Fixed-term Notice, Renewal and Severance

Notice at Expiry of Fixed-term Contract

19.1 The University will provide to a fixed-term staff member written notice that at the expiry of the contract the University intends to:

1. continue the position or a position with the same or substantially similar duties; or
2. discontinue the position .

19.2 Written notice will be the greater of any contractual entitlement to notice of the University's intention to renew, or not to renew employment, or the following notice periods:

Offer of Further Employment

19.3 Where the University has made a determination in accordance with 19.1 (a), the incumbent will be offered further employment in the position or a position with the same or substantially similar duties provided that the incumbent was employed through a competitive and open selection process and has performed satisfactorily in the position.

Right to Apply for Conversion

19.4 Where further fixed-term employment is offered under 19.3, the staff member may apply for conversion to continuing employment on the same salary and classification. The University will consider the application and may refuse conversion on reasonable grounds, which may include but are not limited to:

The staff member is:

• a Monash University Student;
• a genuine retiree;
• a Professor, Professorial Fellow, Adjunct Professor, Research Professor, Professor appointed conjointly, Dean or above;
• subject to disciplinary action;
• on a pre-retirement or performance based contract;
• is on a general staff salary above HEW Level 10.

The position is:

• for a specific task or project, or funded by identifiable funding external to the University (which may include research/grant funds but does not include Government operating grants or funding from fees paid by or on behalf of students);
• in a new organisational area for up to 2 years;
• filling a temporary vacancy or meeting a curriculum requirement for recent professional practical or commercial experience;
• in a discontinuing organisational work area or part of such an area consisting of 3 or more staff.

Severance Pay

19.5 Subject to clause 19.8, at the expiry of a fixed-term contract, and where the University does not renew the contract, severance will be payable to a staff member seeking to continue the employment as follows:

19.5.1 Table B will apply where a research-only staff member is:

1. on a fixed-term contract where the same or substantially the same duties are required but another person has been or is to be appointed; or
2. on a second or subsequent fixed-term contract where the same or substantially the same duties are no longer required.

19.5.2 Table C will apply where the same or substantially the same duties are no longer required, and the staff member is:

1. On a first fixed-term contract of more than three years or any second or subsequent contract, where the continuous period of service is more than 3 years; or
2. On any second or subsequent fixed-term contract for:
   • a specific task or project;
   • work that requires recent professional practical or commercial experience;
   • work in a new organisational area for up to 2 years;
   • work in a discontinuing organisational area or part of such an area consisting of 3 or more staff.

19.6 For the purposes of clause 19.5, breaks between fixed-term appointments of up to two times per year and of up to 6 weeks will not constitute breaks in continuous service. Periods of approved unpaid leave will not count for service, but will not constitute breaks in service.

Pro Rata Long Service Leave

19.7 In addition to any other sum payable, a staff member entitled to severance pay will also be entitled to pro rata payment of long service leave provided he/she has continuous service of at least 5 years, calculated from the date of commencement on a fixed-term contract which commenced on or after the date of certification of this Agreement.

Savings Provisions

19.8 The following provisions apply to staff members who commenced fixed-term employment prior to the date of certification of this Agreement.

1. Clauses 19.3 and 19.5.2 shall not apply.
2. Staff members employed in a new organisational area on contract(s) of up to three years duration will be entitled to severance pay of 5 weeks for up to two years' service or 7 weeks' pay (for between two and three years' service) if they are not offered further employment at the expiry of the contract(s).
3. Where a staff member is employed for a specific task or project the terms of clause 19.5.1 will apply mutatis mutandis except that severance payable under Table B will be capped at 8 weeks.