Contract – Fixed-term Employment. 2.4.1 Employees are to be offered continuing employment wherever possible, rather than contract fixed- term employment.
2.4.2 Fixed-term positions are those identified as meeting the needs as listed in clause 2.4.5.
2.4.3 Where an employee is employed on a fixed-term contract, the employer will indicate in the employee’s letter of appointment the identifiable short term need which the employee is appointed to fill. The letter of appointment will also contain the terms, conditions and specific duration (commencement and cessation dates) of the appointment.
2.4.4 It is recognised that in some situations a teacher may accept appointment to a series of fixed-term appointments.
2.4.5 Fixed-term needs could include but is not limited to:
(a) special projects;
(b) proposed closure of a school;
(c) short term funding;
(d) filling the position of a specified employee who is on nominated leave from the school;
(e) filling the position of an employee arising from a resignation, where such position is declared vacant and no suitable continuing employee is available;
(f) accommodating temporary enrolment fluctuations in a school resulting from a specific short term factor such as a population influx during the construction period of an industrial development;
(g) providing release time for senior administration employees in a school where the relevant arrangements vary for a specific short term arrangement; and
(h) employing a part-time teacher to address class size issues and/or enhance curriculum offerings on a short-term basis.
2.4.6 A fixed-term contract of employment will not be used as a probationary period.
2.4.7 Notwithstanding the above, fixed-term employees can apply for any other continuing position advertised in accordance with the normal employment processes identified by the employer.
2.4.8 Application Process for Vacant Positions Employees are able to apply for suitable positions known to be vacant in the following year before applications are called from people outside Catholic Education Northern Territory.
Contract – Fixed-term Employment. 2.1.3.1. Clause 2.1.3 deals with conditions applying to contract (fixed term) employment. Where an inconsistency occurs between any other part of this Agreement and clause 2.1.3, then the other part of the Agreement will prevail to the extent of the inconsistency.
2.1.3.2. Contract (Fixed Term) Employment means 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 instead 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).
2.1.3.3. Fixed-term employment may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract. As a condition incidental to employment on probation, an employee must be advised of, and given an opportunity to make response to, any adverse material about the employee which the employer intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation. Any second or subsequent fixed-term contract, with the same employer, must not contain a probationary period.
2.1.3.4. The use of fixed-term employment must be limited to the employment of an employee engaged on work activity that comes within the description of one or more of the following circumstances:
a) Specific task or project means a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it will also include a period of employment provided for from identifiable funding external to the employer, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.
b) Research means work activity by a person engaged on research only functions for a contract period not exceeding five years.
c) Replacement employee means an employee:
(i) undertaking work activity replacing a full-time or part-time employee for a definable period for which the replaced employee is either on authorised leave of absence or is temporarily seconded away from their usual work area; or
(ii) performing the duties of: • a vacant position for which the employer has made a definite decision to fill and has commenced recruitment action; or • a position in which the n...
Contract – Fixed-term Employment.
13.1 A contract/fixed term employee may be employed either on a full-time or fractional- time basis.
13.2 A contract/fixed term employee employed full-time shall be entitled to all the provisions of this agreement.
13.3 A contract/fixed term employee employed on a fractional-time basis shall be entitled to all the provisions of this agreement but calculated where appropriate on a pro-rata basis in accordance with the proportion of ordinary hours worked by the employee.
13.4 On engagement, a contract/fixed term employee shall be given by the University written advice of-
13.4.1 the date on which the employment is to commence;
13.4.2 the date on which the employment is to terminate (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 shall expire);
13.4.3 the classification of the employee;
13.4.4 the wage rate of the employee;
13.4.5 the term of the employment, the length and terms of any period of probation and the circumstances by reference to which the use of fixed term contract for the type of employment has been decided for that employment;
13.4.6 a probationary period where applicable. Any second or subsequent fixed-term contract for an employee may require a probationary period where the staff member converts from General staff to Academic staff, or vice versa.
13.5 During the term of employment, the contract/fixed term is not terminable by the University, other than during a probationary period, or for cause based on unsatisfactory performance or serious misconduct in accordance with the relevant clauses in this Agreement. If termination occurs based on unsatisfactory performance, the employee will be paid the balance of their contract, or six months’ salary, whichever is lesser.
