Higher Education Industry-General Staff-Award 2010 - Business SA

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Higher Education Industry—General Staff—Award 2010(ii)that an offer of fixed-term employment under this paragraph must not bemade on the condition that the person offered the employment undertakethe studentship.11. Incidents of fixed-term contract of employment[Varied by PR994510]This clause only applies to those employers who were bound to the Higher EducationContract of Employment Award 1998 [AP784204].Without derogating from any entitlement under the employee’s contract or under an awardprovision applicable to the employee on account of the employee’s continuous service, afixed-term contract employee is entitled to benefits specified in this clause.11.1 Incremental advancementA fixed-term employee who has a period of continuous service in a classificationmust be entitled to progress through that structure in the same way as an employeeengaged as a full-time employee in the same or similar classification.11.2 Notice of cessation or revocation of employment upon expiry of the contractThe employer will provide to a fixed-term employee, written notice of theemployer’s intention to renew, or not to renew, employment with the employer uponthe expiry of the contract. Such notice will be the greater of:(a)(b)any entitlement to notice of the employer’s intention to renew, or not to renew,employment with the employee upon the expiry of the contract: orPeriod of continuous service Period of noticeNot more than 1 yearat least 1 week, or the equivalent of a full payperiod, whichever is the greater1 year but less than 3 years at least 2 weeks, or the equivalent of a full payperiod, whichever is the greater3 years but less than 5 years at least 3 weeks, or the equivalent of a full payperiod, whichever is the greater5 years or over at least 4 weeks, or the equivalent of a full payperiod, whichever is the greaterIn addition to this notice, an employee over the age of 45 years at the time ofthe giving of notice and with not less than two years continuous service will beentitled to an additional week’s notice.11.3 Where, because of circumstances relating to the provision of specific funding tosupport employment external to the employer and beyond its control, the employer isnot reasonably able to give the notice required by this clause, it will be sufficientcompliance with this clause if the employer:(a)(b)advises those circumstances to the employee in writing by the latest time atwhich the notice would otherwise be required to be given; andgives notice to the employee at the earliest practicable date thereafter.12 MA000007
11.4 Severance pay[11.4 substituted by PR994510 from 01Jan10]Higher Education Industry—General Staff—Award 2010(a)A fixed-term employee whose contract of employment is not renewed incircumstances where the employee seeks to continue the employment will beentitled to a severance payment or retrenchment benefit payment howsoevercalled in accordance with the NES as it would apply to a full-time employeeengaged in an equivalent classification in the following circumstances:(i)(ii)employee is employed on a second or subsequent fixed term contract todo work required for the circumstances described in clause 10.3(a) or (b)and the same or substantially similar duties are no longer required by theemployer; oremployee is employed on a fixed term contract to do work required forthe circumstances described in clause 10.3(a) or (b) and the duties of thekind performed in relation to work continue to be required but anotherperson has been appointed, or is to be appointed, to the same orsubstantially similar duties.(b)(c)Where an employer advises an employee in writing that further employmentmay be offered within six weeks of the expiry of a period of fixed-termemployment, then the employing university may defer payment of severancebenefits for a maximum period of four weeks from the expiry of the period offixed-term employment.An employer, in a particular case, may make application to Fair WorkAustralia to have the general severance payment or retrenchment benefitpayment prescription varied if the employer obtains acceptable alternativeemployment for the employee.11.5 Award entitlements and calculation of continuous service(a)(b)(c)A fixed-term employee will be entitled to the same award terms and conditionsin respect to award matters as would apply to a full-time or part-time employeeengaged in an equivalent classification and working an equivalent proportionof normal weekly ordinary hours for the classification.For the purpose of this award, breaks between fixed-term appointments of upto two times per year and of up to six weeks, will not constitute breaks incontinuous service.Periods of approved unpaid leave will not count for service, but will notconstitute breaks in service for the purposes of this clause.11.6 Right of application for full-time or part-time employmentNo employee employed on a fixed-term contract (other than an employee employedon a pre-retirement contract within the meaning of clause 10.3(d)) will be preventedfrom making application to an employer, nor having their application foremployment within the terms of this award considered, solely because the employeehas previously been employed on a fixed-term contract by the same employer.MA000007 13
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Higher Education Industry-General Staff-Award 2010 - Business SA

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