40 Modes of employment
41 Categories of appointment
42 Contract of employment
43 Conversion of certain casual staff
44 Staff development and career development
45 Probation
46 Performance review and development
47 Equity
48 Intellectual freedom
49 Indigenous Australian employment
50 Provision of personal information
40 Modes of employment
A fixed-term or continuing staff member may request to vary her/his mode of employment for a fixed period as agreed between the staff member and the supervisor. Requests to vary a staff member’s mode of employment must be considered for approval by the relevant Dean or Director.
40.1 Full-time employment
Full-time employment means all employment other than part-time employment. A staff member employed on a full-time basis will be required to work the hours as prescribed in sub-clause 34.1 [Work Cycle] and will be paid the full-time salary rate in accordance with Schedule 1.
A staff member may be employed full-time on either a continuing or fixed-term basis in accordance with Clause 41 (Categories of Appointment).
40.2 Part-time employment
Part-time employment means employment for a specified period of time where such time is less than the normal weekly ordinary hours specified for a full-time staff member and for which all entitlements are paid on a pro-rata basis calculated by reference to the time worked. The minimum proportion of full-time applicable to part-time appointment is 0.2 of a full-time appointment (ie seven hours per week).
A staff member may be employed part-time on either a continuing or fixed-term basis in accordance with Clause 41 (Categories of Appointment).
Staff employed on a part-time basis will receive the salary and non-salary conditions of a full-time appointment calculated on a pro-rata basis.
40.3 Part-year employment
Part-year employment means employment for a specified period of time where such time is less than the ordinary weeks per year, and for which all entitlements are paid on a pro-rata basis calculated by reference to the time worked.
A staff member may be employed part-year on either a continuing or fixed-term basis.
Staff employed on a part-year basis will receive the salary and non-salary conditions of a full-time appointment calculated on a pro-rata basis.
A staff member employed on a part-year basis may elect to have his/her salary annualised in accordance with Clause 13.
41 Categories of appointment
UTS shall employ staff on terms that correspond with one or other of the types of appointment prescribed in this Clause. Nothing in this Clause, shall limit the number or proportion of staff that UTS may employ in a particular type of appointment.
Nothing in this Clause prevents a staff member engaging in additional work on a casual appointment in work unrelated to, or identifiably separate from, the staff member's normal duties.
41.1 Continuing appointment
A continuing appointment is made for an indefinite period. A continuing appointment would be made where the nature of the work is on-going. A continuing appointment may be made on a full-time, part-time or part-year basis.
41.2 Fixed-term appointment
A fixed-term appointment is made for a specified term or ascertainable period. The contract for this employment 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 the employment will expire). A fixed-term appointment may be made on a full-time, part-time or part-year basis.
For the purpose of determining the entitlements of staff employed on fixed-term appointments, breaks between fixed-term appointments of up to two times per year and of up to six weeks on each occasion shall not constitute breaks in continuous service.
Fixed-term appointments may be subject to a notice period and/or severance pay in accordance with the following:
41.2.1 Provision of Notice
(a) UTS will provide to a fixed-term staff member written notice of the intention to renew or not to renew employment upon expiry of the appointment in accordance with the following table.
| Period of continuous service | Period of Notice |
|---|---|
| Less than three years | at least two weeks |
| Three years but less than five years | at least three weeks |
| Five years or over | at least four weeks |
In addition to this notice, 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.
(b) Where, because of circumstances relating to the provision of specific funding to support employment, external to UTS and beyond its control, UTS is not reasonably able to give the notice required by this sub-clause, it shall be sufficient compliance with this sub-clause if UTS:
(i) 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
(ii) gives notice to the staff member at the earliest practicable date thereafter.
(c) Except by reason of (b) above, where employment is not renewed upon expiry of a fixed-term appointment and notice in accordance with the above cannot be provided, the University will provide pay in lieu of notice.
(d) If the University decides to continue a position on a fixed-term basis, the incumbent staff member will be offered further employment in the fixed-term position if the staff member was employed through a merit selection process and there has been satisfactory performance in the position.
41.2.2 Severance pay
41.2.2.1 A fixed-term staff member whose contract of employment is not renewed in circumstances where he/she seeks to continue the employment shall be entitled to a severance payment in accordance with sub-clause 41.2.2.3 or 41.2.2.4, except in the following circumstances:
(a) the staff member was employed on a first fixed-term contract unless the duties of the kind performed in relation to the work continue to be required but another person has been appointed, or is to be appointed, to the same or substantially similar duties; or
(b) the staff member was replacing another staff member on leave or secondment from the workplace; or
(c) the staff member was performing duties of a vacant position for which recruitment action has commenced; or
(d) the staff member was on a pre-retirement contract; or
(e) the position was one specifically designated for students; or
(f) the staff member was engaged for up to three years in response to a sudden and unanticipated increase in student enrolments; or
(g) the staff member was engaged for up to three years in a new organisational area to perform functions or teach in program/s that had not been performed or taught previously, the prospective need or demand for which is uncertain or unascertainable at the time of establishment of the unit; or
(h) the staff member was specifically employed in a disestablished organisational area.
41.2.2.2 Where a staff member is entitled to severance pay and UTS advises the staff member in writing that further employment may be offered within six weeks of the expiry of a period of fixed-term employment, then:
(a) Payment of severance benefits may be deferred for a maximum period of four weeks from the expiry of the period of fixed-term employment.
(b) The general severance payment or retrenchment benefit payment prescription may be varied by agreement with the affected staff member if the University obtains acceptable alternative employment for the staff member.
41.2.2.3 Where a staff member is entitled to severance pay in accordance with sub-clause 41.2.2.1, severance payment entitlements will be calculated for a period of continuous service in the amounts below where the staff member’s fixed-term position is:
(a) funded from an identifiable funding source(s) external to UTS, not being funding that is part of an operating grant from the government or funding comprised of payments of fees made by or on behalf of students; or
(b) a research only position; or
(c) for a specific task or project.
| Period of continuous service | Severance pay |
|---|---|
| Up to the completion of two years | four weeks |
| Two years and up to the completion of three years | six weeks |
| Three years and up to the completion of four years | seven weeks |
| Four years and over | eight weeks |
‘Week’s pay’ means the ordinary time rate of pay for the staff member concerned.
41.2.2.4 Where a staff member is entitled to severance pay in accordance with sub-clause 41.2.2.1, severance payment entitlements will be calculated for a period of continuous service in the amounts below for all fixed-term positions other than those specified in sub-clause 41.2.2.3. The severance payment entitlements provided below apply to fixed-term appointments which commence after the date of lodgment of this Agreement.
| Period of continuous service | Severance pay |
|---|---|
| Up to the completion of two years | four weeks |
| Two years and up to the completion of three years | six weeks |
| Three years and up to the completion of four years | seven weeks |
| Four years and up to the completion of five years | eight weeks |
| Five years and up to the completion of six years | nine weeks |
| Six years and up to the completion of eight years | ten weeks |
| Eight years and up to the completion of ten years | eleven weeks |
| Ten years and over | twelve weeks |
Where severance is payable in accordance with this sub-clause, staff with five or more years of continuous service shall also be entitled to payment in lieu of pro-rata long service leave, calculated in accordance with sub-clause 27.2.
41.3 Casual employment
41.3.1 Casual employment shall mean engagement of a staff member on an hourly basis at an hourly rate of pay. The casual employment rates specified in Schedule 2 include a 23% loading in lieu of those agreement benefits for which casual staff are ineligible. Casual staff are not eligible for the following forms of leave:
- annual leave
- sick leave
- Christmas-New Year Leave
- paid parental leave
- personal leave
- community leave
41.3.2 The minimum period of engagement for a casual staff member will be three hours, regardless of whether there is a requirement to be in attendance for three hours of work, except for the following:
(a) a casual staff member who is a student (including post graduate students) and who is expected to attend the University on that day in his/her capacity of as a student shall have a minimum engagement of one hour. Without limiting the generality of this Clause, for the purpose of this 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 public holidays
(b) a casual staff member who has a primary occupation with another employer, or who has their primary occupation within the University in other than the casual employment in question, will have a minimum engagement of one hour
(c) a casual staff member who, in order to meet his/her personal circumstances, requests and his/her supervisor agrees to an engagement for less than three hours.
41.3.3 Salary levels for casual staff will be determined on the basis of the appropriate classification descriptor for the duties expected of the casual staff member.
42 Contract of employment
Upon employment, UTS will provide to the staff member a contract of employment which stipulates the type of appointment and informs him/her of the terms of employment in relation to:
42.1 for staff other than casual staff, the classification level and salary of the person on commencement of the employment, and the hours or the proportion of full-time hours to be worked
42.2 for a fixed-term staff member, the term of the employment, the length and terms of any period of probation, and the reason the appointment has been made on a fixed-term basis.
42.3 for any staff member subject to probationary employment, the length and terms of the probation
42.4 for any casual staff member, the classification and salary level for the position of the person
42.5 other main conditions of employment including the identity of the employer, or the documentary, or other recorded sources from which such conditions derive, and relating to the duties and reporting relationships to apply upon appointment.
43 Conversion of certain casual staff
43.1 For the purposes of this Clause, ’department (or equivalent)’ means the smallest significant (from a staffing point of view) organisational unit with some control, although not necessarily formally delegated control, over the deployment and engagement of support staff.
43.2 A casual staff member may apply for conversion to continuing or fixed-term employment, as appropriate, if he/she has been employed by the University on a regular and systematic basis in the same or a similar and identically classified position in the same department (or equivalent), either:
(a) over the immediately preceding period of twelve months and, in those immediately preceding twelve months, the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time staff member; or
(b) during the immediately preceding period of at least 24 months.
For the purposes of this Clause occasional and short-term work performed by the staff member in another classification, job or department shall not:
(a) affect the staff member's eligibility for conversion; or
(b) be included in determining whether the staff member meets or does not meet the eligibility requirements.
43.3 A staff member may apply for conversion in writing when he/she believes that he/she meets the above criteria. However, upon appointment, the University shall advise casual staff that, after serving qualifying periods, some casual staff may have a right to apply for conversion. A copy of this Clause shall be made available to such staff. The University shall also take reasonable steps to inform casual staff about the conversion process (for example by including notices in University publications and websites).
43.4 The University shall not unreasonably refuse an application for conversion. However, it may refuse an application on reasonable grounds. Reasonable grounds include, but are not limited to, the following:
(a) the staff member is a student, or has recently been a student, other than where her/his status as a student is irrelevant to his/her engagement and the work required
(b) the staff member is a genuine retiree. For the purposes of this Clause, ’genuine retiree‘ means a person who is in receipt of any form of Australian retirement income
(c) the staff member is performing work which will either cease to be required or will be performed by a non-casual staff member, within 26 weeks (from the date of application)
(d) the staff member has a primary occupation with the University or elsewhere, either as a staff member or as a self-employed person
(e) the staff member does not meet the essential requirements of the position; or
(f) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.
43.5 The University must determine an application for conversion either by offering conversion to non-casual employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it in writing. If the application is accepted, the staff member will be offered a continuing or fixed-term appointment consistent with the provisions of Clause 41 of this Agreement [Categories of Appointment].
43.6 The offer of conversion shall indicate the hours and pattern of work which, subject to due consideration of the University’s operational requirements and the desirability of offering the staff member work which is as regular and continuous as is reasonably practicable, shall be consistent with the staff member’s casual engagement. The conversion offer shall also constitute (and include such other details as are required for) an instrument of engagement for the purposes of this Agreement.
43.7 Conversion may be, but is not required to be, to continuing part-time part-year, annualised hours employment [in accordance with sub-clause 40.3 Part-year employment, Modes of Employment, and Clause 13 Annualisation of Salary].
43.8 For the purposes of this Clause, whether there are reasonable grounds to refuse conversion pursuant to sub-clause 43.4(f) will depend on the entirety of the circumstances in the particular case. However, as general propositions, staff who work a limited number of weeks each year, even if those weeks are regular (including persons such as examination invigilators (exam supervisors) and persons employed to assist in enrolment periods) will be seen as working on an ‘intermittent‘ basis and could be refused conversion. Conversely, a staff member who works from March to November each year, and who does not work, for example, on weekends, during semester breaks and over the long vacation, would not be considered ‘intermittent’ for the purposes of this Clause.
43.9 An employee whose application for conversion is rejected shall not be entitled to apply again within twelve months except where:
(a) that rejection is solely based upon the ground set out in 43.4(c); and
(b) that ground ceased to apply.
44 Staff development and career development
44.1 The University is committed to providing development opportunities for staff relevant to their current or future work, including access to relevant external developmental opportunities.
44.2 Staff members and their supervisors will engage in performance review and development discussions at least annually. Such discussions will provide staff members with an opportunity to plan and discuss staff development and career development opportunities and options with their supervisor. Supervisors are to ensure that staff development forms an integral part of each staff member’s annual work plan developed in accordance with the performance review process [Clause 46 – Performance Review and Development]. Workplans should include appropriate development measures to ensure that staff are kept up-to-date with relevant technological changes in the work place required to perform their duties.
45 Probation
45.1 Application
On commencement of employment a staff member may be subject to a reasonable probationary period appropriate to the nature of the work being undertaken. During this period of mutual assessment a decision will be made about the continuation of employment beyond the probationary period. The review and assessment of a staff member on probation will be in accordance with the University procedures.
45.2 Period of probation
45.2.1 Continuing appointments
The probation period will be for up to six months. The University may decide to shorten of waive the stated probationary period. Where the staff member has been absent due to illness for a significant part of the probation period, the end date for the probation period may be adjusted by the Director Human Resources to provide the staff member with a total period of probation equivalent to that initially contemplated.
45.2.2 Fixed-term appointments
(a) The period of probation for staff on fixed-term appointments will be six months or one quarter of the period of appointment, whichever is the lesser.
(b) Any second or subsequent fixed-term appointment to the same position or to an essentially similar position with UTS will not contain a probationary period.
45.3 Probation process
45.3.1 The probationary process will consist of informal and formal review and development.
45.3.2 During the initial stages of probation the staff member and supervisor will participate in a planning discussion to agree and document performance expectations and support.
45.3.3 Throughout the probationary period a process of regular informal feedback shall occur. The supervisor must inform the staff member in writing of any impediments to the continuation of the staff member’s employment when such impediments become apparent.
45.3.4 A formal review of the staff member’s performance will be conducted by the supervisor no later than four weeks before the end of the period of probation. The supervisor will prepare a report on the formal review which will include a recommendation about continuation or termination of employment. Where the report recommends termination, the report must include any adverse material about the staff member which has been taken into account in making the recommendation for termination. The staff member will be provided with a copy of the supervisor’s formal review report and will be given reasonable opportunity to provide a response in writing. The supervisor’s report of the formal review and any response from the staff member will be forwarded to the Director, Human Resources for a decision about continuation or termination of appointment.
45.3.5 Upon completion of the probationary period, the staff member will receive written confirmation of the outcome of the probation. While a decision will normally be made at the end of the probationary period, an earlier decision may be made where circumstances warrant.
45.3.6 The Director, Human Resources may dismiss a probationary staff member on the grounds of unsatisfactory probationary performance. Notice of dismissal will be given in writing. A probationary staff member whose employment is terminated in accordance with this Clause will receive, at the University’s discretion, either four weeks notice of termination or payment in lieu of notice effective from the date of the written advice.
46 Performance review and development
46.1 The performance review and development process at UTS will provide a framework for identifying, evaluating and developing performance. The University is committed to the implementation of an effective performance review and development process, linked to the achievement of individual, work area and organisational goals.
46.2 All support staff will participate in the performance review and development process in accordance with University guidelines.
46.3 The performance review and development process provides staff and supervisors with the opportunity to:
- provide feedback in relation to performance including recognition of positive aspects of performance
- determine work priorities, workload and performance expectations over the next period
- in the context of work planning, discuss the staff member’s plans to take annual, long service and other forms of leave [such leave discussions are to be treated as planning not performance issues]
- discuss and identify assistance and support that will be provided to improve performance where performance is assessed as requiring improvement
- discuss the staff member’s skills development, professional and career development within the context of the work area and organisational goals in order to identify the opportunities for development and the support that will be provided
- update the position description for the staff member’s position, if necessary
- discuss other personal and work issues that may impact on work performance.
46.4 The performance review process will be integrated with arrangements in relation to probation and incremental progression.
46.5 The performance review process will require the development of an annual workplan incorporating performance expectations linked to University and Faculty/Unit plans and professional and career development goals and support. The workplan will be developed, agreed and signed between the staff member and supervisor. The workplan will be consistent with the position description and able to be performed within the ordinary hours of work for the staff member. Neither the supervisor nor the staff member will unreasonably withhold agreement to the workplan.
46.6 Performance review also incorporates regular informal discussions between staff and supervisors about matters relating to their work and workplace. Such informal meetings may be initiated at the request of the staff member and supervisor.
46.7 Where a staff member is concerned that their supervisor has not fulfilled their responsibilities in relation to or arising from performance planning and development as set out in this Clause, the staff member may bring their concerns to the attention of the supervisor’s supervisor or the Director, Human Resources.
47 Equity
47.1 Anti-discrimination
47.1.1 In accordance with relevant anti-discrimination legislation, the University will not discriminate and will work to help prevent and eliminate any such discrimination.
47.2 Pay equity
The University will continue to monitor pay equity issues within UTS, and is committed to the development and implementation of appropriate strategies to remedy any identified problems.
47.3 Career equity
47.3.1 Selection, probation and promotion criteria will value and represent the skills and experiences of women and members of other EEO groups (see also Clause 49 Indigenous Australian Employment).
47.3.2 The University will implement and monitor procedures to ensure that all selection, probation and promotion committees are aware of and apply such criteria.
47.3.3 The University will progressively implement strategies designed to overcome career path obstacles for all staff but with particular emphasis on redressing points of disadvantage experienced by women and members of other EEO groups.
47.3.4 The University will, within the life of this Agreement, periodically report to staff on existing and proposed strategies designed to equalise career opportunities for all staff, but with special reference to the position of women and other EEO groups at UTS.
47.3.5 The governance and committees of UTS will be based on best practice with regard to gender balance, as monitored by the University's Equity and Diversity Unit. The University will continue to implement mechanisms for achieving gender balance in University governance and all committees in UTS within the life of this Agreement.
47.4 Access and equity for staff with disabilities
The University is committed to making reasonable accommodation for staff with disabilities to enable them to perform their duties. The University will continue to monitor and report on access and equity for staff with disabilities and is committed to the development and implementation of appropriate strategies to remedy any identified problems.
48 Intellectual freedom
48.1 The University and its staff are committed to acting in a manner consistent with the protection and promotion of intellectual freedom within the University.
48.2 Staff members have the right to:
(a) pursue critical and open inquiry
(b) research and publish
(c) participate in public debates and express opinions, including unpopular or controversial opinions about issues and ideas
(d) participate in an appropriate form in decision-making processes and structures germane to their field of expertise and onus of responsibility within the University
(e) participate in professional and representative bodies, including unions and engage in community service
without fear of harassment, intimidation or unfair treatment.
48.3 Notwithstanding the rights expressed in sub-clause 48.2, staff members do not have a right to harass, vilify or intimidate.
49 Indigenous Australian employment
For the purposes of this Clause “Indigenous Australian person” means a person of Aboriginal or Torres Strait Island descent who identifies as an Aboriginal or Torres Strait Island person and is accepted as such by his/her community.
49.1 Objectives
The University is committed to the objective of increased employment and development opportunities for Indigenous Australians inside the University. This objective forms part of the University’s commitment to reconciliation with Indigenous Australian people as well as being a necessary pre-condition for improving Indigenous Australian student participation throughout the University.
49.2 Guiding principles
In pursuit of this objective the following principles will apply:
49.2.1 the University gives respect and consideration to the cultural, social and religious systems practiced by Indigenous Australians; recognises Indigenous Australian knowledge as a significant contribution to all other bodies of knowledge, and acknowledges the knowledge base that Indigenous Australian staff bring to the University. As far as possible, the University will actively promote and recognise Indigenous Australian cultural practices and identity. The application of this principle needs to recognise the diversity of Indigenous Australian culture.
49.2.2 the University acknowledges that participation of Indigenous Australians in cultural or ceremonial activities enhances the effectiveness of Aboriginal and Torres Strait Islander people. Provision for participation in ceremonial or cultural activities is therefore of direct benefit to the University.
49.2.3 the University recognises that a supportive working environment for Indigenous Australians requires the redress of past social injustice, exploitation and employment inequity. Consistent with principles of Aboriginal and Torres Strait Islander Self-Determination, social and restorative justice, and cultural affirmation, the University is therefore committed to strategies which seek to:
- maximise staff development along with the transfer of job skills and information in order to increase Indigenous knowledge, independence, remuneration, job security and self sufficiency
- increase, encourage and foster Indigenous employment and participation at all levels of work activity particularly continuing full-time and part-time positions through continued support of the Wingara Indigenous Employment and Professional Development Strategy, monitor and measure outcomes so that the strategy can be evaluated
- facilitate and encourage the direct involvement of each Indigenous Australian staff member in determining their own career strategies, goals and objectives.
49.2.4 The University and staff shall maintain as their goal a continued improvement in the efficiency and effectiveness of their work consistent with these principles.
49.3 Strategies
Consistent with the objectives and guiding principles, the University makes the following commitments:
49.3.1 To facilitate the Wingara Indigenous Employment and Professional Development Strategy, the University affirms its commitment to the provision of funding for an Indigenous Employment Manager (IEM) as an identified indigenous position. The IEM shall contribute to the development, implementation and monitoring of the Wingara Indigenous Employment and Professional Development Strategy and will work with UTS managers to facilitate meeting such targets as are set for employment through the Strategy. The Wingara Management Committee is responsible for overseeing the implementation of the employment strategy and advising the Vice-Chancellor on the setting of targets.
49.3.2 To develop a program of support to facilitate the professional development of Indigenous staff. The program will be developed in consultation with Indigenous Australian staff and other stakeholders and will include consideration of targeted development provided through a mentoring approach and study support.
49.3.3 To establish an Indigenous Australian staff support network to facilitate communication with and between Indigenous Australian staff on matters relating to their employment and professional development at UTS. Participation in the network will be voluntary but all Indigenous Australian staff will be eligible to participate in the network. The University will use the network as a mechanism to consult with Indigenous Australian staff on matters including the development of the professional development program (refer to sub-clause 49.3.2).
50 Provision of personal information
50.1 A staff member may wish to access leave or other flexible working arrangements in order to accommodate their personal, family and carers circumstances in accordance with the procedures provided in this Agreement. The staff member must disclose sufficient information relevant to these circumstances to enable the University to determine whether there are good and sufficient reasons for the University to approve access to leave and flexible work arrangements.
50.2 Staff are normally expected to discuss their relevant personal circumstances with their supervisor, however, staff may choose to discuss such matters with the Director, Human Resources instead.
50.3 Where the staff member chooses to discuss personal information with the Director, Human Resources instead of their supervisor, the Director, Human Resources will only disclose general information about the staff member’s situation to the staff member’s supervisor sufficient to allow the supervisor to fulfil their decision making responsibilities.
