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Part B - Employment Regulations

18. Mode of Employment

18.1 The University may employ a staff member on a continuing, fixed-term, sessional or casual basis. Nothing in this Agreement limits the number or proportion of staff that the University may employ in a particular type of employment. Employment may also be on the basis of part-year/seasonal or annualised hours employment in accordance with clause 20 and Schedule 4.

18.2 Upon engagement, the University will provide the staff member with an instrument of appointment which stipulates the type of employment and the terms of the engagement including:

  • for continuing and fixed-term staff, the classification level and salary of the staff member on commencement of the employment, the hours or the fraction of full-time hours to be worked, and the length and terms of any probation.
  • for a fixed-term staff member, what the term of the employment and the circumstance(s) by reference to which the use of fixed-term contract for the type of employment (where applicable) has been decided for that employment;
  • for casual staff members, the duties required, the number of hours required, the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for;
  • other main conditions of employment including the documentary, or other recorded sources from which such conditions derive and the duties and reporting relationships to apply upon appointment can be ascertained.

Continuing Employment

18.3 “Continuing employment” means full-time or fractional employment other than “fixed-term”, “sessional” or “casual” employment.

Fixed-Term Employment

18.4 “Fixed-term employment” means full-time or fractional 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 employment will expire) and for which, during the term of employment, the contract is not terminable by the University, other than during or at the completion of a or for cause based upon unsatisfactory performance, serious or wilful misconduct or where the work is no longer required to be undertaken in which case clauses 45.24 and 46.8 would apply.

18.5 Without derogating from any entitlement under the staff member's contract, a fixed-term contract staff member, other than an apprentice will be entitled to all the benefits of a continuing staff member (other than any redundancy benefits) in the same classification of employment.

Casual employment (General Staff)

18.6 A casual staff member is engaged by the hour and paid by the hour. Casual staff members are not entitled to paid leave of any kind.

18.7 A casual staff member will be paid the ordinary rate of pay plus 23% loading. The loading is in lieu of benefits including all leave entitlements, penalties and loadings not provided to casual staff members.

18.8 A casual staff member will be paid for a minimum period of three hours for each engagement except for the following circumstances;

  • A person who is a student (including a post graduate student) who is expected to attend the University on that day in his/her capacity as a student will have a minimum period of engagement of 1 hour.
    Without limiting the scope of this sub-clause, for the purpose of this sub-clause, a student will be taken as being expected for attendance on any Monday to Friday during the main teaching weeks of the University, other than University holidays as set out in clause 41.
  • A person with a primary occupation elsewhere will have a minimum period of engagement of 1 hour.
  • In order to meet his/her personal circumstances, a casual staff member may request and the University may agree to an engagement for less than the minimum of 3 hours.

18.9 A casual staff member required to work shift work will receive either the casual loading or the appropriate shift penalty, whichever is the greater. Overtime is paid at the ordinary overtime penalty rate with casual loading.

18.10 A casual staff member required to work on a University holiday as prescribed by clause 41 will be paid casual loading on both her/his ordinary rate and her/his holiday penalty rate as provided in clause 73.9.

18.11 Payment for overtime worked by a casual staff member will be made no later than the pay day of the pay period immediately following the work cycle in which the overtime is worked.

18.12 The University will provide casual staff members with the facilities and resources appropriate to enable the fulfilment of their duties.

Sessional Employment (Academic Staff only)

18.13 “Sessional employment” means casual academic teaching staff who are appointed to undertake a single or specific number of sessions related to demonstrating, tutoring, lecturing, marking, supervision, academic research assistance, music accompanying with special educational service, undergraduate clinical nurse education or other required academic activity.

The University will provide sessional academic staff members with the facilities and resources appropriate to enable the fulfilment of their duties.

Fractional employment

18.14 In the case of a continuing or fixed-term fractional contract, the salaries, allowances and other entitlements under this Agreement applicable to an equivalent full-time staff member apply to the part-time staff member on a proportionate basis according to the fraction of time worked. A staff member employed on a fractional-time basis, will not by reason of being a fractional-time staff member be required to serve a longer period of service to qualify for any leave entitlements or be granted any lesser period of leave but will be paid pro rata for any such leave.