Issue 8 - 24 June 1998

New HECE award

As previously reported in Monash Memo, a Full Bench of the Australian Industrial Relations Commission has introduced a new award - the Higher Education Contract of Employment Award (HECE Award).

The main focus of the new award, which comes into effect from 30 June 1998, is on regulating the mode of employment by which universities may engage staff. In particular, the award will regulate the future use of fixed-term contracts of employment.

The following is a summary of the new HECE Award, including its key features and implications, and actions to be observed when engaging staff from 30 June 1998.

Key features

The new HECE Award:

• limits the circumstances in which fixed-term contracts of employment can be offered to six defined categories;
• does not allow staff to hold a fixed-term and continuing appointment simultaneously;
• provides for probation for fixed-term appointments;
• provides for notice of non-renewal of fixed-term contracts;
• provides for severance pay for some categories of eligible fixed-term contract staff in certain circumstances.

Implications

Prior to the expiry of current fixed-term contracts, each position will need to be critically reviewed to determine whether there is an ongoing need for the duties carried out by that position.

If it is determined that the position is still required, the faculty/department must determine whether it meets the new award criteria of fixed-term or if it is an ongoing position.

University managers have been provided with a detailed summary of the new HECE Award, their obligations and the steps to be carried out.

There are, however, a number of matters that still need to be clarified, and the AHEIA will be discussing these issues with the NTEU. Further information will be provided when these discussions have been concluded.

Advertising/appointment documentation

Personnel Services Division is currently reviewing all forms used in the advertising/appointment process. Changes will be made to these forms to ensure compliance with the new award requirements, and these changes will be advised in due course. The revised forms must be used for all new engagements on and from 30 June 1998.

Normal advertising and recruitment policies are to be followed in accordance with established university policy for positions found to be ongoing.

Staff from the Employee Relations and Consultancy Branch have been meeting with faculty/department managers to explain in more detail the effects of the HECE Award. For further information, contact the Employee Relations and Consultancy Branch on extn 56011.

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