Review – Fixed Term Contract Employment Sample Clauses

Review – Fixed Term Contract Employment. (a) For the purposes of this subclause: (i) an “eligible fixed term employee” is a fixed term Employee who: (A) has completed two or more years of service in the same or a similar role under one or more fixed term contracts with the same Employer without a break in service; and (B) does not have a documented record of unsatisfactory performance in their role. (ii) a “break in service” is a break between contracts of more than two weeks’, attributable to fluctuating demand or business need, or taken at the request of the Employee. Any period between contracts for which payment in lieu of leave has been made by the Employer does not count towards calculating the two week period. If a question arises in a dispute under this Agreement as to whether a break between contracts constitutes a break in service, it is the responsibility of the Employer to demonstrate the break was attributable to fluctuating demand or business need, or in response to the employee’s request, and was not imposed to avoid an obligation to review or permanently appoint an employee. (b) An Employer must, no later than three months after: (i) the date on which an employee became an eligible fixed term employee; (ii) for an employee who is an eligible fixed term employee on the date of registration of this Agreement – that date; and (iii) for an employee who continues to be employed on a fixed term contract in the same or a similar role without a break in service – each second anniversary of the date referred to in subclause 16.5(b)(i) or (ii); review the contract and the actual circumstances of the work being performed by the employee at the time of the review to determine whether the fixed term employment meets a circumstance listed in subclause 16.4(a). (c) If, after carrying out a review referred to in subclause 16.5(b), the Employer determines the fixed term employment does not meet a circumstance listed in subclause 16.4(a), the Employer must appoint the employee permanently to the same position at their current full time equivalent (FTE). (d) The requirement at subclause 16.5(c) does not apply if the Chief Executive (CE), or CE’s delegate, of the relevant Employer certifies in writing that the role performed by the fixed term employee can no longer be funded from within the Employer’s approved salary expense limits. (e) If, after carrying out a review referred to in subclause 16.5(b), the Employer determines the fixed term contract meets a circumstance listed in subclause 16.4(a), th...