Royal Open University

ACADEMIC FREEDOM AND RESPONSIBILITY

Institutions of higher education are conducted for the common good. The following statements rest upon the belief that the common good depends upon a free search for truth and its free expression without intent to do personal harm.

Each faculty member is entitled to full freedom in the classroom in discussing the subject which he/she teaches. Limitations to this basic statement exist only within the bounds of common decency and good taste. Each faculty member is also entitled to speak or write as a citizen of the nation, state and community without fear of institutional censorship or discipline.

The concept of academic freedom must be accompanied by an equally demanding concept of responsibility shared by the Board, administration, and faculty members.

The fundamental responsibilities of faculty members as teachers and scholars include a maintenance of competence in their field of specialization and the exhibition of such competence in lectures and discussions. Although publishing is not a fundamental responsibility of a faculty member, it is encouraged by the College.

The mastery of subject matter makes a faculty member a qualified authority in that discipline. In recognition of that expertise, the faculty member shall have an active role in the planning and implementation of curricula, the selection of textbooks, readings, and other teaching materials, and in the choice of instructional methods. The faculty member shall have the sole responsibility for assigning grades within the limits provided by law.

Exercise of professional integrity by a faculty member includes recognition that the public will judge the profession and the institution by his/her statements both in public and in private life. Therefore, he/she should strive to be accurate, to exercise appropriate restraint, to show respect for the opinions of others, and to avoid creating the impression that he/she speaks or acts for his/her College when he/she speaks or acts as a private person.

A faculty member should be selective in the use of controversial material in the classroom and should introduce such material only as it has clear relationship to the subject field.

 FACULTY GOVERNANCE

Royal Open University recognizes the role of faculty in accomplishing the College’s mission. Therefore, Royal Open University shall establish procedures delineating the responsibility and authority of faculty members in governance matters.

FACULTY ASSOCIATION

In order to address matters that relate to the faculty, a Faculty Association shall be established. All full-time faculty shall serve as members of the Faculty Association. The Association shall elect officers and an Executive Committee. The Executive Committee shall meet occasionally with the Board of Trustees to discuss matters of interest to the faculty.

ACADEMIC COUNCIL

The Faculty Association shall name representatives to serve on the Academic Council.

The purpose of the Academic Council is to address educational and workforce preparation matters and make recommendations to the President’s Cabinet. In so doing, the Council including faculty members shall share ideas and concerns, identify problems, develop solutions, and take action which causes instructional growth and improvement.

FACULTY CODE OF ETHICS

Royal Open University supports the efforts of the East African Quality Assurance Forum in establishing a Code of Professional Ethics. Royal Open University faculty are expected to adhere to the following Code of Professional Ethics derived from the published code of the EAQAN.

CODE OF PROFESSIONAL ETHICS

Professional Educators affirm the inherent worth and dignity of all persons and the right of all persons to learn. Learning best occurs in an environment devoted to the pursuit of truth, excellence, and liberty. These flourish where both freedom and responsibility are esteemed.

The Professional Educator shall treat all persons with respect, dignity, and justice, discriminating against no one on any arbitrary basis such as ethnicity, creed, gender, disability, or age.

The Professional Educator shall strive to help each student realize his or her full potential as a learner and as a human being.

The Professional Educator shall by example and action encourage and defend the unfettered pursuit of truth by both colleagues* and students, supporting the free exchange of ideas, observing the highest standards of academic honesty and integrity, and seeking always an attitude of scholarly objectivity and tolerance of other viewpoints.

The Professional Educator shall work to enhance cooperation and collegiality among students, faculty, administrators, and other personnel.

The Professional Educator shall recognize and preserve the confidential nature of professional relationships, neither disclosing nor encouraging the disclosure of information or rumor which might damage or embarrass or violate the privacy of any other person.

The Professional Educator shall maintain competence through continued professional development, shall demonstrate that competence through consistently adequate
preparation and performance, and shall seek to enhance that competence by accepting and appropriating constructive criticism and evaluation.

The Professional Educator shall make the most judicious and effective use of the college’s time and resources.

The Professional Educator shall fulfill the employment agreement both in spirit and in fact, shall give reasonable notice upon resignation, and shall neither accept tasks for which he or she is not qualified nor assign tasks to unqualified persons.

The Professional Educator shall support the goals and ideals of the college and shall act in public and private affairs in such a manner as to bring credit to the college.

The Professional Educator shall not engage in sexual harassment of students or colleagues and shall adhere to the college’s policy on sexual conduct.

The Professional Educator shall observe the stated policies and procedures of the college, reserving the right to seek revision in a judicious and appropriate manner.

The Professional Educator shall participate in the governance of the college by accepting a fair share of committee and institutional responsibilities.

The Professional Educator shall support the right of all colleagues to academic freedom and due process and defend and assist a professional colleague accused of wrongdoing, incompetence, or other serious offense so long as the colleague’s innocence may reasonably be maintained.

The Professional Educator shall not support a colleague whose persistently unethical conduct or professional incompetence has been demonstrated through due process.

The Professional Educator shall accept all rights and responsibilities of citizenship, always avoiding use of the privileges of his or her public position for private or partisan advantage.

DISPUTE RESOLUTION PROCEDURE

12.1 A staff member or any Party bound by this Agreement may raise a dispute:

(a) as to the application of this Agreement or any matters arising from it; or

(b) in relation to the National Employment Standards other than a dispute about whether an employer had reasonable business grounds under subsection 65(5) of the Fair Work Act 2009; or

(c) which this Agreement expressly and additionally provides may be referred to this procedure.

In the first instance, the staff member or an accredited representative(s) of the staff member or Party notifying the dispute and the appropriate representative(s) of management, or the other respondent Party as applicable, shall discuss the dispute and attempt to reach agreement within two weeks of the dispute first being raised.

12.2 Where a dispute is not resolved under clause 12.1 above, at the request of either party, a Disputes Committee shall be convened within five working days unless agreed otherwise. The Disputes Committee shall consist of:

(a) two management nominees; and

(b) two nominees of the President of Royal Open UniversityEAQAN Branch.

12.3 The Disputes Committee shall convene within five working days of the matter being referred to it and shall attempt to resolve the matter within five working days of its first meeting. Unless otherwise agreed in writing between the parties, if the Disputes Committee does not convene within five working days the matter shall be regarded as unresolved and the procedures in 12.1 to 12.3 as having been exhausted. Any resolution shall be in the form of a written agreement subject, if necessary, to ratification by either party.

12.4 Until the procedures described in 12.1-12.3 above have been exhausted:

(a) work shall continue in the normal manner; and

(b) no industrial action shall be taken by any party to the dispute or any other party bound by this Agreement; and

(c) management shall not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute; and

(d) the subject matter of the dispute shall not be taken to the Fair Work Commission by any party to the dispute or any other party bound by this Agreement.

12.5 Should the dispute not be resolved by the processes referred to in 12.1-12.3 above, the matter may be referred to the Fair Work Commission for conciliation or arbitration by either party in which case the parties shall be bound (subject to the right to appeal or to seek judicial review) by any recommendation or decision of the Fair Work Commission.

12.6 If the dispute relates to an alleged ambiguity or uncertainty in this Agreement any party may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity.

13. CONSULTATION ABOUT CHANGE 

13.1 The University will notify affected staff where a proposed significant or substantial change will affect staff. Such change includes, but is not limited to, outsourcing or contracting out and changes to University Policies that have a significant and substantial impact on staff terms and conditions of employment.

13.2 Consultation will be initiated with the provision of a written document outlining the proposal and rationale for proposing the change and proposed impact on staff. Following initial consultation the University will provide written responses to the issues raised in writing by affected staff. In order to facilitate this consultation, staff will be provided with up to two weeks to respond in writing to a proposal presented by management.

13.3 If a decision to proceed is made by the University, management will consult with the affected staff about the implementation of that change, particularly where the change is likely to have an impact on the work, conditions or career prospects of staff. The consultations will be conducted within a frame-work which acknowledges the statutory obligations and responsibilities of the University management and there will be no power of veto over the University’s decision-making processes.

13.4 A staff member may be represented by a representative for the purposes of consultation under this clause and under clause 82.

13.5 For the purposes of section 205 of the Fair Work Act 2009 and this Agreement, clause 82 and this clause constitute a single consultation term and are to be read accordingly.

14. JOB SECURITY 

14.1 The University has the goal of maintaining the overall size of the workforce until the nominal expiry date of the Agreement. However, where any such reductions occur, the University is committed to minimising involuntary redundancies.If the University decides to reduce the number of staff, it will first consider measures such as:

(a) reducing numbers by natural attrition;

(b) offering part-time employment;

(c) redeployment;

(d) transferring or seconding staff, or arranging Suitable Alternative Employment;

(e) offering voluntary early retirement schemes;

(f) inviting expressions of interest in voluntary redundancy.

14.2 Clause 14.1 will have effect only until the nominal expiry date of this Agreement.

PART B – Employment Regulation 

15. PERFORMANCE-BASED CONTRACTS (PBCs) 

15.1 The University and staff may enter into PBCs with a threshold annual salary and loadings (including the cash value of any University-provided motor vehicle and employer superannuation contributions) of at least $227,173 (at Level E or above) or $156,026 (at HEW 10 or above).These threshold salary levels will be indexed in line with the salary increases made over the nominal life of this Agreement, provided that all PBCs entered into prior to the certification of this Agreement will remain valid under this clause if salary and loadings fall below the threshold during the life of this Agreement.

15.2 Where the University intends to offer a person a PBC it will provide the person with access to a copy of this Agreement and advise that they may elect to have a Representative negotiate the contract.

15.3 All provisions of this Agreement will apply to a PBC staff member except the provisions of this Agreement relating to redeployment, redundancy, consultation about change, discipline, unsatisfactory performance, research misconduct, performance management, salary packaging, grievance, the accrual of annual leave, the application (or taking) of annual leave with the exception of clause 40.5(d) and (e), annual leave loading, salary increases, overtime/TOIL, termination of employment and/or mode of employment, continuing (contingent funded) employment and/or fixed-term notice, renewal and severance. Provided that the minimum leave entitlements, termination and notice provisions will be in accordance with the provisions of the Fair Work Act 2009.

15.4 A PBC may set out performance criteria or targets, which must be met within defined timeframes or circumstances.

16. MODE OF EMPLOYMENT

16.1 The University may employ a staff member on a continuing, fixed-term, sessional or casual basis. Such employment may also be on the basis of part-year/seasonal or annualised hours employment in accordance with clauses 17 or 18 or clause 23 and Schedule 4 or periodic academic employment in accordance with clause 19.

16.2 Upon engagement, the University will provide the staff member with an instrument of appointment which stipulates the type of employment and the terms of the engagement including:

• for continuing and fixed-term staff, the classification level and salary of the staff member on commencement of the employment, the hours or the fraction of full-time hours to be worked, and the length and terms of any probation;
• for a fixed-term staff member, the term of the employment and the circumstance(s) by reference to which the use of fixed-term contract for the type of employment (where applicable) has been decided for that employment, including specifying which element of clause 16.4 is in use and whether the position was obtained through a competitive selection process;
• for fixed-term research-only staff members, the option to apply where eligible for employment on a Continuing (Contingent Funded) contract of employment under clause 21 of this Agreement;
• for sessional and casual staff members, the duties required, the number of hours required or anticipated (where known), the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for;
• other main conditions of employment including the documentary, or other recorded sources from which such conditions derive and the duties and reporting relationships to apply upon appointment can be ascertained.

Continuing Employment

16.3 “Continuing employment” means full-time or fractional employment other than “fixed-term”, “sessional” or “casual” employment.

Fixed-term Employment

16.4 “Fixed-term employment” means full-time or fractional 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 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 employment will expire) and for which, during the term of employment, the contract is not terminable by the University, other than during or at the completion of a probationary period, or for cause based upon the application of the processes of clause 59 or clause 60 or clause 62 as applicable regarding unsatisfactory performance or serious or wilful misconduct.

Without derogating from any entitlement under the staff member’s contract, a fixed-term contract staff member will be entitled to all the benefits of a continuing staff member (other than any redundancy benefits) in the same classification of employment.

The use of fixed-term employment shall be limited to the employment of a staff member engaged on work activity that comes within the description of one or more of the following circumstances.

16.4.1 Specific task or project

“Specific task or project” shall mean 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 shall also include a period of employment provided for from identifiable funding external to the University, 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.

16.4.2 Research

“Research” means work activity by a person engaged on research only functions for a contract period not exceeding five years.

Provided that where a research grant or like revenue source supporting a particular period of research-only employment runs for a defined period of time, or is reasonably expected to do so, then unless there are other special or unusual circumstances, fixed-term appointments shall be for the whole of the period of the grant. The exception to this is if there is a genuine operational reason related to the required commencement or completion time of particular work on a research project, or the preference of the staff member. In this case, unless there are other special or unusual circumstances, fixed-term appointments shall be for the whole of the period the work is expected to be required.

16.4.3 Replacement Employee

“Replacement Employee” means a staff member:

(a) undertaking work activity replacing a full-time or part-time staff member for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded or transferred within or outside the University; or

(b) performing the duties of:

• a vacant position for which the University has made a definite decision to fill and has commenced recruitment action, until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
• a position the normal occupant of which is performing higher duties pending the outcome of recruitment action initiated by the University and in progress for that vacant higher duties position until a full-time or part-time staff member is engaged for the vacant position or vacant higher duties position as applicable; or
• a staff member who has returned from a period of parental leave or other authorised leave and who wishes to be employed on a fractional basis for a defined period. The replacement fixed-term staff member may be employed to cover the difference in hours arising from such an arrangement.

16.4.4 Recent professional practice required

Where a curriculum in professional or vocational education requires that work be undertaken by a person to be engaged who has recent practical or commercial experience, such a person may be engaged for a fixed period not exceeding two years.

16.4.5 Pre-Retirement Contract

Where a full-time or a part-time staff member declares that it is their intention to retire, a fixed-term contract expiring on or around the relevant retirement date may be adopted as the appropriate type of employment for a period of up to five years. Fractional fixed-term contracts may be offered as provided by clause 34 of this Agreement.

16.4.6 Student Employment

Where a person is enrolled as a student at Monash University, employment under a fixed-term contract may be adopted as the appropriate type of employment for work activity, not within the description of another circumstance in the preceding clauses 16.4.1-16.4.5, subject to:

(a) such fixed-term contract employment shall be for a period that does not extend beyond, or that expires at the end of, the academic year in which the person ceases to be a student, including any period that the person is not enrolled as a student but is still completing postgraduate work or is awaiting results; and

(b) that an offer of fixed-term employment under this paragraph shall not be made on the condition that the person offered the employment undertake the studentship.

Students employed under this category will perform work that may otherwise be performed by casual or agency staff and will not be used to fill or replace existing continuing positions.

16.4.7 New Organisational Area

A fixed-term contract may be offered in the case of employment in a new organisational area, for up to two years prior to or from the establishment of any such area. A further fixed-term contract of a maximum of 12 months may be offered subsequent to the initial contract.

For the purpose of this clause 16.4.7 a new organisational area shall mean either:

• a group of three or more positions established in relation to a new area of academic work; or
• a new staff member position organised in a new geographical location outside existing campuses; or
• a new staff position organised distinctly from existing schools or centres and not created from the merger or division of or movement of work from an existing unit(s).

A fixed-term contract offered in the circumstances described in this clause 16.4.7 will be subject to the following conditions:

(a) the letter of offer of employment includes an understanding that should the position or substantially the same position occupied by the staff member continue beyond the maximum contract period (three years) the staff member shall, subject only to satisfactory performance, be offered continuing employment in that position (or in another agreed position) at the conclusion of the contract period;

(b) where a fixed-term staff member employed in this circumstance is not offered further employment, he/she will receive on cessation of employment five weeks’ severance pay for employment up to two years, and seven weeks’ severance pay for employment between two and three years. This clause 16.4.7 will replace any entitlement to severance pay elsewhere in this Agreement.

16.4.8 Disestablished Organisational Area

Where an organisational work area or part of an organisational work area consisting of 3 or more staff members has been the subject of a decision by the University to discontinue that work within 36 months a fixed-term contract of employment may be offered to work in that area provided that:

(a) the letter of offer of employment includes an undertaking that subject to satisfactory performance, should the decision to discontinue the work area be reversed, or should for any other reason that staff member’s position or substantially the same position continue beyond a 36-month period, the staff member shall be offered that work on a continuing basis; and

(b) should a position not be offered under clause 16.4.8(a) upon request by the staff member, the University will, for three months prior to the expiry of the contract, make reasonable attempts to identify other employment opportunities within the University.

16.4.9 Measures to Provide Security of Employment

The effect of this clause 16.4.9 shall not be to replace continuing positions with fixed-term positions. Fixed-term contracts under this clause may be offered for teaching and research and research-only work in accordance with the University’s academic staff position descriptors and for work in accordance with the Professional Staff Position Classification Descriptors at the discretion of the University to provide security of employment where the work would otherwise be performed by casual staff.Such contracts may be offered, but will not be limited to early career academics, and may be offered for a period of no more than 3 years and no less than 12 months (unless otherwise provided for in this Agreement).The letter of offer for a fixed-term contract under this clause will include an understanding that should the position or substantially the same position occupied by the staff member continue beyond the maximum contract period (three years) the staff member shall, subject only to satisfactory performance, be offered continuing employment in that position (or in another agreed position) at the conclusion of the contract period.

16.4.10 Sudden and Unanticipated Rise in Student Enrolments

Where an academic unit experiences a sudden and unanticipated increase in enrolments, staff may be employed on a fixed-term contract of employment, in respect of that work.Fixed-term employment under this category may be used for up to 3 years from the date of the sudden and unanticipated increase in enrolments, and a fixed-term position offered under this category may not be extended or renewed, may only be offered once and will be for a period of no more than 3 years and not less than one year.

16.4.11 Teaching Fellows

Where academic staff are appointed as fixed-term Teaching Fellows in accordance with clause 20.

Casual Employment (Professional Staff)

16.5 A casual staff member is engaged by the hour and paid by the hour. Subject to clause 41.7, clause 42.10, clause 43, clause 44.10, clause 44.20, and clause 51.2, casual staff members are not entitled to paid leave of any kind.

16.6 A casual staff member will be paid the ordinary rate of pay plus an additional casual loading of 25%:

16.7 A casual staff member will be paid for a minimum period of three hours for each engagement except for the following circumstances:

(a) A person who is a student (including a postgraduate student) who is expected to attend the University on that day in their capacity as a student will have a minimum period of engagement of one hour. Without limiting the scope of this paragraph and for the purpose of this paragraph 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 University holidays as set out in clause 45.

(b) A person with a primary occupation elsewhere will have a minimum period of engagement of one hour.

(c) In order to meet their personal circumstances, a casual staff member may request and the University may agree to an engagement for less than the minimum of three hours.

16.8 A casual staff member required to work shift work will receive either the casual loading or the appropriate shift penalty, whichever is the greater. Overtime is paid at the ordinary overtime penalty rate with casual loading, ie. (ordinary rate of pay x penalty rate) + (ordinary rate of pay x casual loading).

16.9 A casual staff member required to work on a University holiday as prescribed by clause 45 (including any day during the period of Christmas/New Year closedown period other than a Saturday or Sunday) will be paid casual loading on both their ordinary rate of pay and their holiday penalty rate as provided in clause 79.9.

16.10 Payment for overtime worked by a casual staff member will be made no later than the pay day of the pay period immediately following the work cycle in which the overtime is worked.

16.11 The University will provide casual staff members with the facilities and resources appropriate to enable the fulfilment of their duties.

Sessional Employment (Academic Staff only)

16.12 “Sessional employment” means the casual employment of academic Teaching Associate staff who are appointed to undertake a single or specific number of sessions related to demonstrating, tutoring, lecturing, marking, supervision, academic research assistance, music accompanying with special educational service, undergraduate clinical nurse education or other required academic activity. “Teaching Associate staff” are academic staff employed in sessional employment.

16.13 The University will provide Teaching Associate staff with the facilities and resources appropriate to enable the fulfilment of their duties.

16.14 The University will provide Teaching Associate staff with appropriate access to professional development opportunities, other than those staff employed on an occasional or ad hoc basis.

16.15 The University will provide Teaching Associate staff (other than those staff employed on an occasional and ad hoc basis) with library cards, out-of-hours access, e-mail accounts, network and intranet access, and inclusion in the University’s telephone and web directory on an equivalent basis as for other academic staff (including during non-teaching periods over the calendar year).

16.16 Teaching Associate staff will be eligible to apply for internally advertised University positions on an equivalent basis as for other academic staff.

16.17 Teaching Associate staff will be eligible to apply for internal funding opportunities, including grants and professional development funds, on an equivalent basis as for other academic staff.

16.18 The University will pay Teaching Associate staff for a half-day of induction at the “other required academic activity” rate except for Teaching Associate staff:

(a) previously employed by the University; and/or

(b) already provided an equivalent paid induction of three hours or more by the University.

Fractional Employment

16.19 In the case of a continuing or fixed-term fractional contract, the salaries, allowances and other entitlements under this Agreement applicable to an equivalent full-time staff member apply to the part-time staff member on a proportionate basis according to the fraction of time worked. A staff member employed on a fractional-time basis, will not by reason of being a fractional-time staff member be required to serve a longer period of service to qualify for any leave entitlements or be granted any lesser period of leave but will be paid pro rata for any such leave.

17. SEASONAL EMPLOYMENT

Application

17.1 The terms and conditions in this clause apply to seasonal professional staff members. To the extent of any inconsistency between provisions contained elsewhere in this Agreement and the provisions of this clause, the provisions of this clause will prevail.

Definitions

17.2 “Seasonal staff members” are professional staff appointed as such, on a continuing or fixed-term basis to work one or more periods or seasons in each year, which may be a calendar year, as offered by the University consistent with clause 16, or as subsequently varied by agreement with the seasonal staff member.

17.3 During the periods of the calendar year that the staff member is not required to perform work, the staff member’s employment contract will continue. However, with the exception of periods of approved paid leave, the staff member will be deemed to be stood down without pay for such periods. Such periods will not count as service for any purpose, but will not break the continuity of service. During periods of stand down, the staff member will remain subject to University Policy but the University will not unreasonably withhold authorisation for the staff member to undertake paid outside work which is additional to any already approved by the University.

Accrual of Pay

17.4 In respect of the periods or seasons of work for which they are engaged, seasonal staff members will be paid on the same basis as comparable full-time or part-time continuing staff members, as the case may be. Alternatively, the seasonal staff member may agree to a University offer to be paid on the same basis as an annualised hours staff member under clause 18.4.

Accrual of and Entitlement to Take Leave

17.5 Leave, including annual leave, long service leave and sick leave will accrue during hours worked. Leave, other than annual leave and long service leave, will only be available to seasonal staff members during the periods or seasons of work for which the seasonal staff members are engaged. The timing of taking annual leave and long service leave will be determined by the University, in consultation with the staff member.

University Holidays

17.6 Seasonal staff members will be entitled to the benefit of all holidays observed by the University that fall on days on which the staff member would normally work during the part or parts of the year or season or seasons that the staff member is engaged to work.

Termination of Employment

17.7 In the event that the employment of a seasonal staff member ceases, for whatever reason, and the staff member has received a payment (howsoever described) in respect of work or hours which are not then worked by the staff member, that payment will be repaid by the staff member to the University as at the date of termination. The University may off-set any such amounts against any entitlements owing to the staff member.

18. ANNUALISED HOURS EMPLOYMENT

Application

18.1 The terms and conditions in this clause apply to annualised hours professional staff members. To the extent of any inconsistency between provisions contained elsewhere in this Agreement and the provisions of this clause, the provisions of this clause will prevail.

Definitions

18.2 “Annualised hours staff members” are professional staff members engaged as such on a continuing or fixed-term basis for a specific number of ordinary hours within any one calendar year as offered by the University, consistent with clause 16, or as subsequently varied by agreement with the annualised hours staff member.

18.3 Subject to the terms of engagement, the time and manner in which the annual ordinary hours are rostered over the period of the year will be to suit the operational requirements of the University and following consultation with the staff member and can be rostered over a period of less than 52 weeks.

Accrual of Pay

18.4 For the purposes of payment, the total number of nominated annual hours will be averaged to a fortnightly salary. The nominated annual hours will be those specified in the terms of engagement.

Leave Entitlements

18.5 Annualised hours staff members will be entitled to receive the leave entitlements of a full-time staff member on a proportional basis determined by the number of annualised ordinary hours required to be worked by the staff member within the year. The timing of taking annual leave will be in accordance with clauses 40.3 and 40.5 of this Agreement and the timing of long service leave will be determined by the University, in consultation with the staff member.

University Holidays

18.6 Annualised hours staff members will be entitled to the benefit of all holidays observed by the University that fall during periods for which they are rostered to work.

Overtime

18.7 Annualised hours staff members will be eligible for overtime in the same manner as full-time professional staff members under clause 79 of this Agreement. In respect of such overtime hours, those overtime hours are additional to the nominated annual hours for which the staff member is engaged. There is no accrual of leave entitlements (howsoever described) in respect of overtime hours.

Additional Hours

18.8 Where in any year, annualised hours staff members work in excess of the number of ordinary hours in the year for which they are engaged, the payment for the additional ordinary hours will be made in the first available pay period following receipt of a valid claim. Any additional ordinary hours worked not constituting overtime will be taken into account in the calculation of leave entitlements.

Alteration of Annual Hours

18.9 In the event that the number of annualised ordinary hours for which the staff member is engaged is altered by agreement then the University and the annualised hours staff member will ensure that from the date such change takes effect, appropriate reconciliation arrangements in respect of pay and hours have been made.

Termination of Employment

18.10 In the event that the employment of an annualised hours staff member ceases, for whatever reason, a reconciliation of the ordinary hours worked and the payments (howsoever described) paid to the staff member, will be performed and:

(a) If the staff member has received a payment (howsoever described) in respect of work or hours which are not then worked by the staff member, that payment will be repaid by the staff member to the University as at the date of termination. Without limiting the recovery of overpayment provisions of clause 26 of this Agreement, the University may off-set any such amounts against any entitlements owing to the staff member; and

(b) If a staff member has performed work for which the staff member has not yet received pay by the University, the University will pay to the staff member such amount as at the date of termination. Where the staff member has accrued annual leave and/or long service leave entitlement for the work performed which has yet to be paid, the University will pay the staff member in lieu for such accrued leave entitlement.

19. PERIODIC ACADEMIC EMPLOYMENT

19.1 Periodic academic employment applies to academic staff and occurs where the University identifies work:

(a) needed for discrete teaching periods determined by the University in a calendar year less than a full-time equivalent and for a minimum 0.3 full-time annual equivalent averaged across the year (the “Period”); and

(b) which does not require the entire performance of academic work being teaching, research and engagement.

19.2 Periodic academic employment provides an alternative mode of employment to sessional engagement.

19.3 Without limiting the capacity to make offers in accordance with this clause at any time while this Agreement is in operation, the University commits to making offers of appointment to periodic employment positions no later than two completed full semesters following the commencement of this Agreement.

19.4 Expressions of interest in appointment to a periodic employment position will be invited from those staff who the University identifies as having:

(a) Demonstrated satisfactory performance in teaching and teaching related duties; and

(b) Performed sessional teaching work at the University during the past 2 years.

Where:

(a) a sessional staff member is invited to lodge an expression of interest in appointment to a periodic employment position;

(b) that staff member lodges an expression of interest in appointment to a period employment position; and

(c) the University offers that staff member appointment to a periodic employment position,

the offer of appointment will indicate the hours and pattern of work which, subject to due consideration of the University’s operational requirements and the desirability of offering the sessional staff member work which is as regular and continuous as is reasonably practicable, will be consistent with the staff member’s sessional engagement.

19.5 Offers of periodic employment will not be limited to the process set out in clause 19.4.The University may also appoint staff to periodic employment positions through the University’s usual recruitment procedures.

19.6 Staff members employed under this clause will be classified and paid in accordance with Schedule 1 of this Agreement.

19.7 The University will not reduce the proportion of academic staff continuing appointments in the University as a consequence of this clause.

19.8 Periodic employment requires an individual to work one or more Periods in a calendar year as determined by the University and advised in writing to the individual.

19.9 Periods where the individual is not required to work are non-work periods. During a non-working period (excluding periods of approved paid leave), the individual will be deemed to be on leave of absence without pay for that period.

19.10 Periodic employment may be either on a continuing basis as contemplated at clause 16.3 of this Agreement or on a fixed-term basis as contemplated by the definition of fixed-term employment at clause 16.4 of this Agreement.

19.11 A non-work period does not:

(a) break continuity of employment;

(b) count as service for the purpose of accruing or determining eligibility of entitlements set out in the Agreement – except for periods of authorised paid leave taken during a non-work period or where required by law.

19.12 An individual employed on a periodic basis:

(a) will not be paid University holidays during non-work periods;

(b) will accrue and take leave pro rata to the full-time equivalent;

(c) may elect, with the agreement of the University, to annualise their salary over either the calendar year or the term of employment (whichever occurs first) and on condition that annual leave is taken in the calendar year it accrues and at the annualised rate of pay;

(d) may take approved paid annual or long service leave during a non-work period;

(e) will not be engaged by the University under a separate employment contract during non-work periods but may seek agreement by the University to expand or extend the periodic employment;

(f) will be provided reasonable access to available facilities and resources commensurate with the role and the flexible nature of their employment which includes (amongst other things authorised by the University) access to:

(i) on-campus facilities;

(ii) on-campus meeting rooms for student consultation;

(iii) the University’s wi-fi, phone, and network when on campus;

(iv) Library facilities; and

(v) email systems.

20. TEACHING FELLOWS 

20.1 Following the commencement of this Agreement, there will be no further appointments of Scholarly Teaching Fellows. Clause 17 of the Royal Open UniversityEnterprise Agreement (Academic and Professional Staff) 2014 will continue to apply to any Scholarly Teaching Fellows employed at the time of commencement of this Agreement.

20.2 The parties to this Agreement recognise the need for innovative approaches to maximise the range of employment options that the University can utilise to not only meet a dynamic and changing environment but also to provide current and prospective staff with suitable and sustainable employment opportunities.

The purpose of Teaching Fellow positions is:

• to advance the University’s goal of excellence in learning and teaching;
• to offer sustainable alternatives to longer term sessional academic engagements;
• to provide a transitional pathway for staff from sessional engagement to teaching focused appointments;
• to facilitate reducing the proportion of sessional staff employed in the University; and
• to create a position in which the majority of work performed by Teaching Fellows will replace work previously performed by sessional staff.

The University will not reduce the proportion of continuing appointments in the University as a consequence of this clause. References to Teaching Fellows in this clause will include Senior Teaching Fellows.

The intention of the University is to offer at least 20 Teaching Fellow positions each year during the nominal operation of this Agreement.If the target cannot be achieved, the University will confer with the EAQAN Monash Branch to discuss measures aimed at achieving the target.

20.3 The University may advertise Teaching Fellow positions and will encourage applications from appropriately qualified existing or former academic fixed-term or sessional staff of any East African university who have had at least 12 months’ academic employment in total in East African universities over the preceding five-year period.

20.4 Teaching Fellow positions will be full-time or part-time and filled on a three-year fixed-term basis.A fixed-term Teaching Fellow appointment will be on the basis that the University will, at the expiration of the fixed term, convert the Teaching Fellow’s employment from fixed-term to continuing employment unless:

(a) the staff member has not met, to the University’s satisfaction, the performance expectations set by the University and communicated to the staff member in advance and/or from time to time during the fixed term consistent with the requirements of the position; and/or

(b) there is insufficient productive work that the staff member could perform having regard to the nature of the staff member’s classification, academic discipline and skills; and/or

(c) an interview panel (constituted in accordance with a recommendation from the Provost and including a representative of Monash HR), after interviewing the staff member, is not satisfied that the staff member is likely to meet academic performance standards of excellence for a teaching focused staff member in the relevant faculty.

The decision whether conversion will not be offered on any of the grounds in (a) to (c) above will be made by the Dean on a recommendation of the Head of School (or equivalent).

Upon conversion, the staff member will be employed as a continuing academic staff member and will be subject to a two-year probationary period which, save for the fact that it is a two-year probationary period, will otherwise be dealt with in accordance with clause 65 – Probationary Employment Principles – Academic Staff.

20.5

(a) A Teaching Fellow will be employed primarily to teach but will be required to have scholarship and research and/or administrative responsibilities constituting no less than 20% of their work allocation with the remainder of their work allocation, over a year, available for teaching and related duties.

(b) Teaching Fellows’ contributions will be taken into account in Faculty workload discussions and the principles of clause 66.1 will apply, and Teaching Fellows may also be required to teach in no more than five (5) of six (6) teaching periods in any 24-month cycle.

20.6 A Teaching Fellow may be appointed at and hold a Level A position or a Level B position, and Teaching Fellows appointed at and holding a Level B position will be designated Senior Teaching Fellows. The qualification requirements that apply to other academic staff at this level will apply to Teaching Fellows as will the probation, incremental advancement, and performance development processes and promotion processes.

20.7 Where the Dean decides not to offer conversion from fixed-term to continuing employment in accordance with clause 20.4 above and the Teaching Fellow seeks to continue their employment, the Teaching Fellow will be entitled to severance pay as follows:

Provided that:

(a) where the University advises the Teaching Fellow in writing that further employment (other than casual or sessional employment) may be offered within six weeks of the expiry of their fixed term, the University may defer payment of severance benefits for a maximum period of four weeks from the expiry of the period of the Teaching Fellow appointment; and

(b) the Teaching Fellow will not be eligible for severance pay if offered employment on a continuing basis or Suitable Alternative Employment on a fixed-term basis, whether such offer is accepted or not.

21. CONTINUING (CONTINGENT FUNDED) EMPLOYMENT

21.1 A fixed-term staff member appointed to a research-only position (or positions) funded by contingent funding for a period of continuous service of four years or more and who has been appointed since the commencement of this Agreement to a second or subsequent consecutive research-only fixed-term contract of at least six months in duration, may apply to be employed on a Continuing (Contingent Funded) contract of employment in accordance with this provision. Applications may be refused on reasonable grounds. Reasonable grounds include:

• the staff member is the subject of disciplinary proceedings or disciplinary action or has otherwise not performed satisfactorily in his/her position;
• the staff member is performing work which is predominantly related to discontinued or discontinuing programs or a disciplinary area that is not actively being pursued by the University;
• the staff member is a student, his/her status as a student was the primary reason for the appointment, and the staff member is due to cease as a student within the forthcoming 12-month period.

21.2 “Contingent Funding” is limited-term funding provided for from external sources, but not funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

21.3 Notwithstanding the above, a fixed-term research-only staff member may be appointed, at the discretion of the relevant Dean (or equivalent), to Continuing (Contingent Funded) employment using internal funds, where:

• the use of internal funding is for a limited period; and
• the area has a reasonable expectation that alternative contingent funding or a standard appointment will become available; and
• the alternative would be the separation of the staff member from his/her position with the University.

21.4 All staff on Continuing (Contingent Funded) employment will be subject to the probationary employment, disciplinary action, and research misconduct provisions of the Agreement. Service for staff on Continuing (Contingent Funded) employment will be regarded as continuous provided that any break in service does not exceed three months and such breaks do not count as service.

21.5 A staff member on Continuing (Contingent Funded) employment may apply for internally advertised employment.

21.6 The following provisions do not apply to staff on Continuing (Contingent Funded) employment:

• The consultation about change provisions of clause 13 in respect to the contingent position that staff member occupies.
• Notice, redundancy, redundancy review and any other provisions of clause 53 that apply to staff employed on a continuing contract of employment.
• The provisions of clause 63 to the extent the grievance relates to any matter arising out of the operation of this clause. For the avoidance of doubt a grievance under clause 63 cannot be used to seek review of any decision to offer, not offer, not continue or to terminate Continuing (Contingent Funded) employment.

21.7 Where the funding that supports a staff member’s Continuing (Contingent Funded) employment ceases:

(a) The University may transfer the staff member to another equivalent position.

(b) If a transfer opportunity does not exist, the staff member will be provided with a minimum of four weeks’ notice of termination, or five weeks if the staff member is over 45 years of age, which the University may pay out in lieu of notice.

(c) If, during the notice period, the contingent funding for the position is renewed, the notice period ceases to apply and employment continues.

(d) If an application for renewal of the contingent funding for the position is still pending, the period of employment may continue for any period of paid leave the staff member is entitled to and thereafter, at the discretion of the University, to unpaid leave to retain the employment relationship until a decision on the contingent funding is made. Payment of severance and leave may be delayed for up to nine weeks to facilitate continuation of service.

(e)At the end of the notice period (and any such approved leave in accordance with the above) the employment relationship will cease and the severance payment in clause 21.9 below will be made to the staff member.

21.8 It is not the intention of this clause that the conditions of employment of a staff member be worse than had he/she been employed on a fixed-term position subject to contingent funding. Accordingly, the University shall not terminate the employment of a staff member on Continuing (Contingent Funded) employment unless:

(a) the contingent funding that supports the position ceases or is insufficient; or

(b) the inherent nature of the work required has changed significantly and the skills and experience of the staff member will not enable them to complete the requirements of the position; or

(c) termination is under the probation or disciplinary provisions of this Agreement.

If a staff member’s employment is terminated under (a) or (b) above, and the staff member is eligible under this Agreement, the staff member will be provided notice and severance payments under clauses 21.7(b) and 21.9 respectively of this provision.

21.9 Continuing (Contingent Funded) employment severance payments will be as follows:

Table A

21.10 Severance payments will not be made where the staff member:

(a) declines the further employment or redeployment where funding for his/her position ceases;

(b) resigns;

(c) secures the same or similar employment with another employer associated with the contingent funding of the position; or

(d) has a single fixed-term continuous service engagement made under a contract containing an express provision that the contract will not be extended or renewed, up to three years for professional staff or up to five years for academic staff.

21.11 A staff member employed on a Continuing (Contingent Funded) contract of employment in accordance with this clause will nevertheless continue to be regarded as a fixed-term research-only staff member for the purposes of clause 30.1(b) or (c) of this Agreement dependent on the staff member’s period of continuous service.