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18. Fixed-term Notice, Renewal and Severance
Without derogating from any entitlement under the staff member's contract, a fixed-term contract staff member (other than a fixed-term contract staff member subject to clause 18.7) shall be entitled to:
18.1 Incremental Advancement
A fixed-term staff member who has a period of continuous service in a classification which has an incremental structure shall be entitled to progress through that structure in the same way as a staff member engaged as a continuing staff member in the same or similar classification under this Agreement.
18.2 Notice of Cessation Or Renewal of Employment Upon Expiry of Contract
The University shall provide to a fixed-term staff member, a written notice of the University's intention to renew, or not to renew, employment with the University upon the expiry of the contract. Such notice shall be the greater of:
(a) any contractual entitlement to notice of the University's intention to renew, or not to renew, employment with the staff member upon the expiry of the contract; or
(b) according to the table below:
In addition to the notice prescribed under clause 18.2(a) or 18.2(b), a staff member over the age of 45 years at the time of the giving of notice and with not less than two years' continuous service shall be entitled to an additional week's notice.
18.3 Exceptions/Variations to Requirement to Provide Notice
Where, because of circumstances relating to the provision of specific funding to support employment (external to the University and beyond its control), the University is not reasonably able to give the notice required by clause 18.2, it shall be sufficient compliance with clause 18.2 if the University:
(a) advises those circumstances to the staff member in writing at the latest time at which the notice would otherwise be required to be given; and
(b) gives notice to the staff member at the earliest practicable date thereafter.
18.4 Entitlement to Severance Pay
A fixed-term staff member who is employed in accordance with either clause 16.4.1 (Specific Task or Project) or 16.4.2 (Research) whose contract of employment is not renewed in circumstances where the staff member seeks to continue the employment, shall be entitled to a severance payment as provided in clause 18.5 below in the following circumstances:
(a) a staff member who is employed on a second or subsequent fixed-term contract and the same or substantially similar duties are no longer required by the University; or
(b) a staff member who is employed on a fixed-term contract and the duties of the kind performed continues to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties.
18.5 Severance Pay
18.5.1 Calculation of severance pay entitlements - Academic staff
18.5.2 Calculation of severance pay entitlements - Professional staff
18.5.3 In addition to the relevant severance pay as provided in clauses 18.5.1 or 18.5.2 above, research grant funded staff not including casual professional or Teaching Associate staff, will be entitled to an additional two weeks' severance pay for each year of continuous service in excess of four years.
18.5.4 For the purpose of this Agreement, breaks between fixed-term appointments of up to two times per year and of up to six weeks shall not constitute breaks in continuous service.
18.5.5 Periods of approved unpaid leave shall not count for service, but shall not constitute breaks in service for the purpose of this clause.
18.6 Offer of Further Employment
18.6.1 Where the University advises a staff member in writing that further employment may be offered within six weeks of the expiry of a fixed-term contract, the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of fixed-term employment.
18.6.2 The University, in a particular case, may make application to Fair Work Australia to have the general severance payment or retrenchment benefit payment prescription varied if the University obtains acceptable alternative employment for the staff member.
18.7 Transitional Provisions
18.7.1 Clause 18.7 applies only to a staff member currently employed as a fixed-term staff member who commenced fixed-term employment with the University on or after 22 November 2005 but prior to the Operative Date of this Agreement.
18.7.2 The University will provide the fixed-term staff member written notice that at the expiry of the contract the University intends to:
(a) continue the position; or
(b) discontinue the position.
For the purposes of clause 18.7.2, an intention to discontinue the position but replace it with a position having the same or substantially similar duties will be treated as an intention to continue the position.
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:
18.7.3 Where the University has made a determination in accordance with clause 18.7.2(a), the incumbent will be offered further employment in the position or a position with the same (or substantially similar duties where applicable) provided that the incumbent was employed other than as a Replacement Employee through a competitive and open selection process and has performed satisfactorily in the position.
18.7.4 Where further fixed-term employment is offered under clause 18.7.3, 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:
The position is:
18.7.5 Where the University has made a determination in accordance with clause 18.7.2(b) and the University does not renew the contract notwithstanding that the staff member seeks to continue the employment, severance will be payable at the expiry of the staff member's fixed-term contract as follows:
(a) A staff member employed in a research-only capacity or for a specific task or project or in a new organisational area will be entitled to severance pay as per clauses 18.4 and 18.5 of this Agreement.
(b) A staff member employed in a new organisational unit will be entitled to severance pay as per clause 16.4.7(b) of this Agreement.
(c) For all other staff subject to clause 18.7 where the same or substantially the same duties are no longer required and the staff member is:
(i) On a first fixed-term contract of more than three years or on any second or subsequent contract, where the continuous period of service is more than three years; or
(ii) On any second or subsequent fixed-term contract for: