4.1. Categories of Individuals Providing Service or Services to the University

(Last Updated: April 2009)

4.1.1. Overview

When the University of Melbourne establishes a professional relationship with an individual, the relationship may be categorised as either:

> Employment: where an individual contributes his or her labour receiving remuneration by way of salary or wages in return and the University has a high level of control over how the individual undertakes their work.

• Academic; general

• Fulltime; part time

• Continuing; contract; casual

• Adjunct appointments

> Independent Contractor: where, whilst the required outcome is defined, the individual can decide how the work is done, and receives remuneration according to the results they achieve.

• Contractors providing academic (teaching or research) services

• Contractors providing non-academic services

> Honorary appointment: where the individual is not obliged to perform any specific work for the University, but is expected to contribute to the teaching and research or general betterment of the University through voluntary activities, and in which remuneration beyond reasonable travel and living expenses is not received, and the individual is awarded an academic title during the period of their contribution.

• Honorary Fellows - Fellow, Senior Fellow, Principal Fellow or Professorial Fellow

• Professor Emeritus

• Visiting Professor

> University Visitor: as for honorary appointment except the individual is not awarded an academic title during the period of contribution.

• Academic Visitor

• Non-academic Visitor

> Any other relationship which may be 'sui generis' (one of a kind) and not within any of the foregoing categories.

The first four categories are described in more detail below.

4.1.2. References

• The University of Melbourne Entreprise Agreement 2006.

4.1.3. Policy Summary

4.1.3.1. Categorising and Establishing the Relationship

Each form of professional relationship with the University should be established on a contractual basis (eg. a formal business contract for independent contractors or a letter from Human Resources in most other cases).

All contracts and letters must include clear statements outlining:

• the rights and obligations of each party; and

• the mechanisms for terminating the relationship.

The rights and obligations of the University and the individual vary with each category of relationship. It is important that the University establishes professional relationships on the correct basis as the University could be subject to claims and penalties if found to be in breach of relevant legislation or industrial regulations.

By law, service or services which are delivered on a regular or directed basis must be recogniosed through either an employment or contractor arrangement.

The best option is usually to engage the individual as an employee as this provides the individual with the maximum level of benefits and negates the risk of future claims or penalties being applied to the University.

The following table provides an overview of the critical determinants associated with determining the appropriate form of relationship.

 Table 6: Appropriate form of Relationship

Nature of contribution  Payment  Individual's academic status  Recommended form of relationship  Visa requirement of overseas individuals  Individual undertakes agreed work program in directed manner or individual is paid remuneration in accordance with work outcomes.  University salary (normal or casual rates).  May be awarded an academic appointment at the University of Melbourne, as appropriate.  Employee (on a continuing, fixed term or casual basis).  Business visa  Individual undertakes agreed work program in directed manner or individual is paid remuneration in accordance with work outcomes.  Any sum other than University salary rates.  Holds academic appointment at another University.  Independent contractor.  Business visa.  Individual undertakes agreed work program in directed manner or individual is paid remuneration in accordance with work outcomes.  Any sum other than University salary rates.  Does not hold academic appointment at another University.  Independent contractor plus, if you wish, honorary appointment (each as a separate relationship).  Business visa.  Individual provides academic services in essentially voluntary or ad hoc manner. Eg. provides occasional lecture, attends research seminars.  Less than $300 per day and, for individuals not travelling on a business visa, up to a maximum of $20,007 p.a.  Holds academic appointment at another University.  Academic visitor.  Visiting Academic visa.  Individual provides academic services in essentially voluntary or ad hoc manner. Eg. provides occasional lecture, attends research seminars.  Less than $300 per day and, for individuals not travelling on a business visa, up to a maximum of $20,007 p.a.  Does not hold academic appointment at another University.  Honorary appointment (either Honorary Fellow or Visiting Professor) OR Non-academic Visitor.  Visiting Academic visa.

The Dean is responsible for ensuring appropriate forms of relationship are in place in their Faculty except in the case of casual appointments. In this case, the Head of Department is responsible for ensuring the appropriate form of relationship is in place.

4.1.3.2. Concurrent Appointments

Independent contractors may hold honorary appointments at the Univesrity. They may also be recognised as a University Visitor although this affords them no additional benefit. Each form of relationship should be established on its own merits.

Employees are not permitted to establish any professional relationship with the University other than their employment relationship.

4.2. Categories of Employment Appointments

^{(Last amended : July 2006)}

4.2.1. Overview

Appointment to the university is the establishment of an employer/employee relationship. It is reflected in a letter of offer and employment contract and the employee's acceptance of that offer. All categories of university staff are appointed, and are employed under the applicable industrial instrument or University statute.

Within the period of a staff member's employment, it is possible that the staff member will have more than one employment contract, each of which may have different terms and conditions. For example, a staff member might change the department or faculty for which he or she works, change from a fixed-term period of employment to full-time or part-time employment, or change from general to academic staff conditions.

The recruitment and selection processes which culminate in appointment are described in Chapters 1 and 2. There are general policies and procedures which apply as well as those specific to the type of appointment being made. Chapters 1 to 7 give a comprehensive account of what is needed for an effective appointment.

4.2.2. References

• University Statute 7.1 - Academic and General Staff http://www.unimelb.edu.au/Statutes/s71.html

• University Regulation 7.1.R1 - Staff of the University http://www.unimelb.edu.au/Statutes/r71r1.html

• University Regulation 7.1.R2- Academic and General Staff Ranks and Titles http://www.unimelb.edu.au/Statutes/r71r2.html

• University Regulation 7.1.R3 - Visiting and Honorary Staff http://www.unimelb.edu.au/Statutes/r71r3.html

• Council, April 2000

• The University of Melbourne Enterprise Agreement 2006

4.2.3. Policy

4.2.3.1. Teaching and Research Staff

Appointments of teaching and research staff are made in accordance with applicable industrial instruments at Levels A - E. Salaries and duties for Levels A - E are set out in Chapter 16.

 Table 7: Academic Teaching and Research Staff Levels

Classification Level  Titles within Classification Levels  Level A :  Tutor  Senior tutor  Level B :  Lecturer  Level C :  Senior Lecturer  Level D :  Reader  Associate Professor  Level E :  Laureate Professor  Professor

Some of the types of appointment listed above, as well as honorary appointments, visitors, Deans and Heads, Academic Board Officers, and joint university-hospital appointments, are described in detail in the following sections in this chapter. For information on recruitment and selection for teaching and research positions, refer to Chapter 2; for classification standards refer to Section 15.3 and for salary details to Section 16.1.

4.2.3.2. Research Only Staff (Research Assistant, Research Fellow, Professorial Fellow)

Appointments of research only staff are made in accordanc with applicable industrial instruments at Levels A - E. Salaries and duties for Levels A - E are set out in Chapter 16.

 Table 8: Academic Research Only Staff Levels

Classification Level  Titles within Classification Levels  Level A  Research Assistant Grade 2  Senior Research Assistant  Research Fellow Grade 1  Level B  Research Fellow Grade 2  Level C  Senior Research Fellow  Level D  Principal Research Fellow  Level E  Professorial Fellow

4.2.3.3. Titles for Research Only Staff

Research Only Staff may be given Teaching and Research titles equivalent to their Research Only rank, provided certain criteria are met:

 Table 9: Titles for Research Only Staff

Research Only Title  Teaching and Research Title  Level B  Research Fellow  Senior Research Officer    (Honorary) Lecturer  (Honorary) Lecturer  Level C  Senior Research Fellow    (Honorary) Senior Lecturer

The title is granted for the current term of the Research Only staff member's contract.

4.2.3.4. Eligibility for a Teaching and Research Title

The staff member must be able to show that he or she has, over the previous three years of employment at the University of Melbourne spent at least 20% of their time on formal teaching and research training.

4.2.3.5. Procedures for Awarding Research Only Staff Teaching and Research Titles

The Head of Department must substantiate the candidate's research training track record and formal teaching contribution over the previous 3 years, to the Dean. After the Dean has approved the Head of Department's recommendation the following procedures are to be followed:

• Dean sends letter to the Research Only staff member, advising of the approval;

• Dean sends copy of letter to Human Resources;

• Human Resources records the use of the title on the Human Resources Information System.

4.2.3.6. Professional Staff

Professional Staff appointments are made in accordance with applicable industrial instruments.

Senior administrative staff in the University who have the skills and knowledge necessary to ensure a high level of operational effectiveness and efficiency in the University may be appointed to the Senior Administrative Service (see Section 4.9).

 Table 10: Professional Staff Levels of Appointment

HEW 1  Levels 1 - 3  HEW 2  Levels 1 - 3  HEW 3  Levels 1 - 6  HEW 4  Levels 1 - 4  HEW 5  Levels 1 - 8  HEW 6  Levels 1 - 5  HEW 7  Levels 1 - 5  HEW 8  Levels 1 - 5  HEW 9  Levels 1 - 3  HEW 10  Level 1 plus A, B, C, and D

4.3. Professors, Associate Professors

^{(Last amendment: July 2006)}

4.3.1. Overview

Professorial appointments are handled centrally in the University, in contrast to other academic positions which are the responsibility of the relevant faculty and department. Chairs may be established, changed, transferred, or discontinued, to maximise the use of resources and to facilitate changes of direction in academic development. In all cases, Professors are expected to provide appropriate leadership for both staff and students in their discipline.

4.3.2. References

• University Statute 2.4 - The Vice-Chancellor http://www.unimelb.edu.au/Statutes/s24.html

• University Regulation 6.1.R1 - Clinical Schools in the School of Medicine http://www.unimelb.edu.au/Statutes/r61r1.html

• University Statute 7.1 - Academic and General Staff http://www.unimelb.edu.au/Statutes/s71.html

• University Regulation 7.1.R1 - Staff of the University http://www.unimelb.edu.au/Statutes/r71r1.html

• University Expectations of a Professor

• Criteria for the Appointment of a Professor

• University of Melbourne Enterprise Agreement 2006

• Council Minutes - September 2004

• Council Minutes - December 2005

4.3.3. Policy

4.3.3.1. Professor

Professors are appointed by Council to chair positions.

In addition, a Vice-Chancellor, Provost or Deputy Vice-Chancellor appointed for not less than 5 years, the Director of the Centre for the Study of Higher Education, and Deans of Faculties (see Section 4.5) are appointed as Professors.

4.3.3.2. Conditions

Professors are engaged subject to the provisions of applicable industrial instruments, the conditions of employment negotiated with the Vice-Chancellor, and any special conditions determined by standing resolution of Council.

4.3.3.3. Associate Professor

The title of Associate Professor may be used interchangeably with that of Reader, and is accorded to non-professorial Heads of Department (see Section 4.5.3.7). Associate Professors may also be appointed as Associate Professor (Clinical) in the Faculty of Medicine, Dentistry and Health Sciences.

4.3.4. Procedures

4.3.4.1. Filing a vacant professorial or professorial fellow position

Where a Faculty wishes to fill a vacant Chair or Professorial Fellow position, it will advertise and establish a Professorial Appointments Committee (PAC).

4.3.4.2. Professorial Appointments Committee (PAC)

The Professorial Appointment Committee is established by the Dean. All recommendations for appointment of salaried professors and professorial fellows must be considered by a PAC.

The PAC may advertise a Chair or Professorial Fellow position and will establish a search committee to assist in identifying candidates for appointment, and must actively identify female candidates.

The Faculty may establish a standing committee which examines all appointments to professor, professorial fellow, clinical professorial fellow, professor/director or professor emeritus appointments, or a PAC may be constituted for each appointment.

4.3.4.2.1. Membership

• Dean (or nominee) - Chair

• Two external members - at least one of whom must be from another Faculty within the University

• Two members internal to the Faculty or Department

• Up to three other co-opted members (eg with discipline expertise, an appropriate member of Council, hospital nominees for professor/director positions or where the position has industry links) may be nominated.

Members nominated to serve on Committees will be those best placed to make informed appointment (and promotion) decisions for the Faculty and the University.

4.3.4.2.2. Gender Balance

PAC's must approach gender balance.

4.3.4.2.3. Quorum

A quorum is four members, with at least two of those members present from either those external to the Faculty or from the co-opted members.

4.3.4.2.4. Equal Opportunity Observer

At the request of an individual being considered for a professorial appointment, an Equal Opportunity Observer may attend panel meetings. Observers must be external to the Faculty.

4.3.4.2.5. Making recommendations

PAC's consider candidates for a vacant position and make recommendations based on the merit of candidates asa they meet the selection criteria and the criteria for appointment to professor or professorial fellow.

PAC recommendations must be defensible and be provided in writing detailing Committee membership, search processes, female candidates considered, details of candidates interviewed, reference checking, and other matters considered in the selection process.

4.4. University of Melbourne Laureate Professors

(New Section: August 2006)

4.4.1. Overview

The University may, from time to time, appoint as University of Melbourne Laureate Professors:

• Nobel Laureates;

• Scholars equivalent in standing to Nobel Laureates (who will be in fields in which Nobel prizes are not awarded; or

• Distinguished professors from existing University of Melbourne professoriate.

All such appointments will carry the title of Laureate Professors.

Appointment as a Laureate Professor represents a significant honor and the University will ensure that prominence is given to the work of such professors.

4.4.2. References

• Review of Council Committees - December 2005

• Regulation 2.3 - Honours Committee

• Honours Committee - Meeting 1/06 and 2/06

• Council Minutes - July 2006

• Approval by Vice-Chancellor on 27 February 2007

4.4.3. Eligibility

Nominations for appointment to staff of Nobel Laureates or scholars equivalent in standing would normally be in respect of persons who are not, at the time of nomination, members of staff. A nomination can be made at any time.

Nominations for appointment of a distinguished University of Melbourne professor are confined to those persons who are currently professors. Nominations will only be received if the Committee decides to call for nominations.

4.4.4. Duration

Nobel Laureates or scholars equivalent in standing will be offered full-time or part-time appointments with the duration approved by the Honours Committee. Appointments shall be for minimum periods of three years and will be for such period as the Committee determines. Appointments may be renewed by the Committee on application by the relevant Dean or member of the Senior Executive.

Distinguished professors from amongst the professoriate of the University will hold an initial appointment for five years.

4.4.5. Procedures for Nominations

Nominations for either category of appointment may be made by a Dean or member of the Senior Executive, provided the relevant Dean supports the nomination.

The Committee will review annually the existing appointments as Laureate Professor, and determine whether to call for internal nominations. The Committee may at that time indicate a maximum number of new appointments that may be made.

Nominations must be supported by a detailed curriculum vitae with publication record and should include information to assist the Committee in respect to expected outcomes to be achieved from the appointment, length and time fraction and should be forwarded to the Director, Client Services, HR Division.

4.4.6. Role of Honours Committee

The Honours Committee will consider a recommendation for appointment and will determine whether referee reports are required (this would not occur for Nobel Laureates).

4.4.7. Referee Reports

Referees will be selected on the basis of their own eminent standing and their ability to assist in assessing the nomination.

4.4.8. Support from the Eminent Scholars Fund

From the funds allocated through Planning and Budget Committee, Faculties will receive the following payment for the appointment of Nobel Laureate or scholar equivalent in standing:

• $175,000 per annum for full-time appointments; or

• $100,000 per annum for part-time appointments - where the time spent at the University will be at least two months each year.

4.4.9. Remuneration

In respect to payment to Nobel Laureates or scholars equivalent in standing, the relevant Dean will agree with the Vice-Chancellor to what extent the Faculty will pay for that scholar's remuneration.

For the appointment of a distinguished University of Melbourne Professor, the Laureate Professor will receive $50,000 per annum in addition to any existing remuneration.

Method of payment - Must be discussed with the HR Division.

(Note 1 - Budget set annually and approved by Council. Internal appointments as Laureate Professor may have budget limitation of $350,000 per annum).

4.4.10. When offer of appointment may be made

If the Honours Committee decides to recommend that an offer of appointment as a Laureate Professor be made, that recommendation will only take effect if the recommendation is approved by Council, or, in cases of urgency, by the Vice-Chancellor on behalf of Council.

4.4.11. Re-appointments or Retirements

When a University of Melbourne professor has been appointed as Laureate Professor he or she will be awarded the Laureate Professor title, which will normally be for an initial five year term.

At the completion of the initial appointment, the use of the title Laureate Professor will continue while the professor continues to maintain an association with the University of Melbourne as salaried or honorary Professorial Fellow or Professor/Director in the Faculty of Medicine, Dentistry and Health Sciences.

If appointed as a Professor Emeritus, the title will be Laureate Professor Emeritus

4.4.12. Meetings

The Honours Committee will meet four times per year approximately in March, June, September and December.

4.4.13. Advice

If further guidance is required contact the Director, Client Services in the HR Division.

4.5. Deans, Heads, and Other Officers

^{(Updated: July 2006)}

4.5.1. Overview

University Statute 5.3 sets out the policy and procedures related to the appointment, powers and duties of Deans, Acting Deans, Deputy Deans, Associate Deans, Assistant Deans, and Sub-deans. All such appointments must be approved by Council.

Non-professorial Deans are granted the title of Professor for the duration of their appointment as Dean, and non-professorial Heads of Departments are designated Associate Professor for the duration of their appointment as Head. These titles are relinquished when the Head or Dean leaves that office and resumes his or her previous position and title.

In recognition of their additional responsibilities, Heads receive loadings (the amount of which depends on the size of the department), or temporary classification as Professor or Associate Professor.

4.5.2. References

• University Statute 5.3 - The Deans and Other Officers http://www.unimelb.edu.au/Statutes/s53.html

• University Statute 6.1 - Academic Departments and Schools http://www.unimelb.edu.au/Statutes/s61.html

• Council Minutes July 2001

4.5.3. Policy/Procedures

4.5.3.1. General Principles

Deans are appointed under contracts made under a performance based contract.

Where an existing staff member is appointed to the office of Head of Department, their current contract of employment will be varied to reflect the appointment, the term of office and any additional remuneration.

4.5.3.2. Appointment - Deans

A Dean of Faculty is appointed by Council on advice from the Vice-Chancellor. While the methods by which a faculty chooses nominee/s for its deanship may vary, in all cases the Vice-Chancellor is required to consult each member of the relevant faculty about the nomination/s as well as the President and Vice-President of the Academic Board. The Vice-Chancellor considers the advice received and recommends an appointment to Council for approval.

Council normally appoints a Dean for not less than 3 years and not more than 5 years, unless special circumstances apply. A person who has been appointed Dean is eligible for reappointment.

Deans' appointments are handled by the Office of the Vice-Chancellor.

4.5.3.3. Appointment - Deputy Deans

A Deputy Dean may be elected by members of the faculty, and/or appointed by Council on the recommendation of the Dean and other senior academic members of the faculty.

4.5.3.4. Appointment - Associate Deans

Council may establish one or more Offices of Associate Dean of a faculty, on recommendation of that faculty (except for the Faculty of Medicine, Dentistry and Health Sciences). Council also determines the period and conditions of appointment of an Associate Dean. An Associate Dean may be elected by members of the faculty and/or appointed by Council on the recommendation of the Dean.

In the Faculty of Medicine, Dentistry and Health Sciences, Council may establish the offices of:

• Assistant Dean (Pre-Clinical)

• Assistant Dean (Clinical)

• One or more Associate Deans (Clinical)

• Associate Dean (Postgraduate)

The Faculty of Medicine, Dentistry and Health Sciences may elect any of its Professors as Deputy Dean or Assistant Dean for not more than 5 years. Associate Deans are appointed by Council on the recommendation of the faculty for not more than 5 years.

4.5.3.5. Appointment - Acting Deans

A person who is eligible for appointment as Dean may be appointed by Council as Acting Dean, on the recommendation of the Dean of Faculty, or the faculty if the office of Dean is vacant. The appointment will be for a period determined by Council.

4.5.3.6. Appointment - Sub-deans and Assistant to the Deans

Sub-deans and Assistants to the Dean may be appointed by Council, on the recommendation of the faculty, for any period and under any conditions Council determines.

4.5.3.7. Appointment - Heads of Department

Heads of Departments are appointed by the Vice-Chancellor on the recommendation of the Dean. While the methods by which a faculty chooses nominee/s for its Head may vary, in all cases the Dean should establish a collegial consultation process, a description of which will form part of the dean's recommendation to the Vice-Chancellor. The Vice-Chancellor reports the appointments to the Academic Board and to Council.

A Head is normally appointed for not less than 3 years and not more than 5, unless special circumstances apply. A person who has been appointed Head is eligible for reappointment, provided he or she is still qualified to hold office.

4.5.3.8. Loadings

A loading is payable where a staff member serves as Acting Head or Dean for at least 3 months.

4.5.3.9. Absences

Absences of more than 3 months duration are not normally approved for Deans or Heads. In special circumstances, such absences may be referred to the Provost or a Deputy Vice-Chancellor for approval.

4.6. Academic Board Officers

^{(Updated: July 1998)}

4.6.1. Overview

The Academic Board elects its office-bearers - President, Vice-President, and Deputy Vice-President - on an annual basis. An Assistant Vice-President (Public Programs) is appointed by the office-bearers.

The President, Vice-President, their respective Secretaries, the Deputy Vice-President, and the Assistant Vice-President (Public Programs) each receive a loading in recognition of the responsibilities associated with their offices.

4.6.2. References

• Melbourne University Act 1958, s. 28

• University Statute 4.1 - The Academic Board http://www.unimelb.edu.au/Statutes/s41.html

4.6.3. Policy

In accordance with Statute 4.1, the Academic Board elects three of its members to be President, Vice-President, and Deputy Vice-President respectively for the ensuing calendar year. Office bearers may be re-elected for subsequent terms. Every member of the Board is entitled to vote and to nominate for office.

If a casual vacancy arises in the office of President, Vice-President, or Deputy Vice-President, the Board may elect another member to the vacant office for the remainder of the calendar year, depending on the circumstances and time of year.

The President is ex-officio a member of Council. The President normally chairs meetings of the Academic Board.

Responsibility loadings are paid to the President, Vice-President, their respective Secretaries, the Deputy Vice-President, and the Assistant Vice-President (Public Programs), by virtue of their respective offices (see Section for further details).

4.6.4. Procedures

Elections for office-bearers of the Academic Board are held consecutively, usually beginning in September for the following calender year. Matters relating to the elections are handled by the Office of the Executive Services, who advise Human Resources of the results of the elections.

4.7. Joint Hospital-University Appointments

^{(Updated: July 2006)}

4.7.1. Overview

The university employs staff who hold concurrent employment with a recognised teaching hospital. Differences exist between the employment conditions of teaching hospitals and universities, particularly in relation to superannuation, long service leave, study leave, and provisions for private practice. To take account of the various differences and requirements, four models of shared employment have been developed.

4.7.2. References

• Individual hospital-university joint employment agreements.

• University Statute 7.1 http://www.unimelb.edu.au/Statutes/s71.html

4.7.3. Policy

4.7.3.1. Full-time Employment with Shared Costs

Where two institutions wish to share the responsibility for a staff position, one shall accept 60% or more of the cost and become the primary employer. The division of responsibility for shared funding should not be equal.

The employee shall be a member of staff of the primary employer and subject to the salary scales, superannuation, leave, and private practice conditions of the primary employer. The employee's duties will, however, include a significant commitment to the activities of the secondary employer.

The secondary employer shall confer a suitable title on the employee. The university normally uses one of its Fellow titles, and the hospital would use a title appropriate to the function of the position.

The secondary employer shall reimburse the primary employer for the agreed percentage of salary, superannuation, payroll tax, WorkCover, travel grants for study leave and conferences, and other employment costs at the rates applicable to the primary employer institution. No other overhead charges shall be made between the institutions.

4.7.3.2. Employment as a University Teacher for Full-time Hospital Staff

With the consent of the hospital, full-time hospital staff may be permitted to accept employment as part-time teachers with the university. The hospital remains the primary employer.

By arrangement between the hospital and university (refer to the appropriate agreement), payments may be made directly to the employee, or through the hospital.

4.7.3.3. Hospital Patient-care Appointments for Full-time University Staff

University clinical staff who undertake a significant patient-care load may enter into a separate contract with their Healthcare Network. Such staff will be paid by the Network on a sessional basis. The University also, under certain circumstances pays a clinical differential loading (see Section for details).

4.7.3.4. Staff who Work Part-time for Both Institutions

Staff whose main employment is outside both institutions, for example in private practice, may be independently employed by either or both institutions without conflict. The employment conditions for each institution would apply to the work undertaken there. If one of the institutions wishes to employ a person for more than 25% of a full-time load, that institution will be required to obtain an assurance from the employee that he or she is not employed by another institution for more than a reasonable load.

4.7.4. Procedures

4.7.4.1. Full-time Employment with Shared Costs

The primary employer is responsible for advertising the position, processing applications, making the appointment, and paying the staff member, according to the primary employer's established employment practices. The secondary employer should be consulted during selection and should approve the final appointment.

The transfer of appropriate funds should be arranged with the faculty's departmental accounting officer.

When both institutions wish an employee to participate in a long-term joint operation, arrangements are normally made by the exchange of letters between the institutions outlining the basis for the agreed cooperation.

4.7.4.2. Employment as a University Teacher for Full-time Hospital Staff/Staff who Work Part-time for Both Institutions

The university employs staff on a casual basis and gives them an appropriate title.

4.7.4.3. Authorisation

Approvals to employ under these terms and conditions must be obtained from both institutions, except where the employee is employed independently on a part-time or casual basis by both institutions. In this case, appropriate approval for university employment need only be obtained from the usual authorised university officer/s.

4.8. Casual Staff

^{(Updated: September 2009)}

4.8.1. Overview

The purpose of this entry is to set out the terms and conditions that apply to casual staff employed at the University.

4.8.2. References

• The University of Melbourne Enterprise Agreement 2006

• Administrative Policies and Practices Group, September 2009

4.8.3. Policy

4.8.3.1. General

Casual staff are engaged by the hour and paid on an hourly basis.

Casual staff are paid a loading in lieu of annual and sick leave which a casual staff member is not eligible to receive.

Casual staff are engaged to work on an ad hoc or irregular basis.

Each work period is a separate and distinct period of service.

Each distinct period of service must have a formal contract of employment showing the duties required, the number of hours required, 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.

Casual staff are engaged with no guarantee or expectation of work beyond the period of their current employment.

4.8.3.2. Payment of Casual Staff

All payments to casual staff will be made via electronic funds transfer to a nominated account held in a financial institution.

4.8.3.3. Superannuation

Refer to Section 19.1.3.5 'Casual Staff Employer Contributions' for superannuation entitlements for casual staff.

4.8.3.4. Minimum period of engagement for casual professional staff

The minimum period of engagement for a casual professional staff member is as follows:

• persons who are students will have a minimum period of engagement of one hour;

• persons with a primary occupation elsewhere (or with the University) will have a minimum period of engagement of one hour;

• casual staff members, who are not students but who assist disabled students in relation to matters such as taking lecture notes (commonly referred to as 'scribes' or 'note takers') will have a minimum period of engagement of two hours;

• casual pastoral and farm workers, grape pickers will have a minimum period of engagement of one hour;

• trades persons, maintenance workers and electricians will have a minimum period of engagement of two hours; and

• all other casual employees will have a minimum period of engagement of three hours except where requested by the staff member and agreed by the University.

4.8.3.5. Overtime for casual professional staff

Refer to Section 8.1.4.4 'Overtime for Casual Professional Staff'.

4.8.3.6. Facilities for casual staff

Departments should use their best endeavours to secure facilities for casual staff as appropriate for the work being undertaken, including telephone, PC access, email, a work desk, and designated space if student consultation is required.

4.8.3.7. Personal Relationships and Casual Appointments

All casual appointments must comply with the University's policy on Personal relationships, employment and other staffing decisions located at Section 10.10.3.6.

4.8.4. Procedures

4.8.4.1. Pre-employment

All casual staff members must sign a contract of employment prior to their engagement (refer http://www.hr.unimelb.edu.au/benefits/forms).

If the staff member will be required to work in an area in which they will be exposed to known occupational hazards the HR15 Health and Hazard Assessment Questionnaire must be completed and forwarded to the Occupational Health Nurse at the University Health Service. Refer to Section 3.2 for more information.

4.8.4.2. Payment

Current rates of payment for casual staff are set out in Section 16.1 and Section 16.2.

The casual payroll is run every second week.

Please comply with the following procedures when submitting claims for casual payments:

• all casual staff members must complete the HR20A Contract of Employment - Casual Academic Staff or HR20P Contract of Employment - Casual Professional Staff and an Employment Declaration (Tax) Form when commencing employment at the University;

• all payments are made by Electronic Funds Transfer (EFT) to a bank account nominated by the staff member;

• casual payments may be processed either online through Themis Timekeeper or Self-Service Timecard or via a signed HR26 Employee Payment Request Form available at: http://www.hr.unimelb.edu.au/aboutus/forms;

• the request for payment for online entries requires approval prior to 4pm on the Monday before pay day (refer to http://hr.unimelb.edu.au/benefits/payroll for pay period calendar);

• approved paper-based forms need to be submitted to Human Resources by 5pm on the Wednesday in the week preceding the casual pay day (refer to http://hr.unimelb.edu.au/benefits/payroll for pay period calendar);

• the Contract of Employment form must be kept for seven years in the Department. The Contract of Employment form is available from http://hr.unimelb.edu/aboutus/forms.

4.8.4.3. Authorisation

The appointment and payment of a casual employee is normally authorised by the relevant Head of Department or Administrative Section.

4.8.5. Conversion of casual professional staff from casual to non-casual employment

4.8.5.1. Policy

4.8.5.1.1. General

A casual professional staff member must not be engaged and re-engaged nor have his/her hours reduced in order to avoid any obligation under this section.

An eligible casual staff member may apply in writing for conversion to non-casual employment in accordance with the conversion provisions detailed below.

4.8.5.1.2. Eligibility

Should the casual work become regular and systematic, the staff member may be eligible to apply for conversion.

To be eligible for conversion, a casual professional staff member must be employed on a regular and systematic basis in the same or a similar and identically classified position in the same department (or equivalent), either;

• over the immediately preceding period of 12 months and in those immediately preceding twelve months the average weekly hours worked must equal at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time staff member; or

• over the immediately preceding period of at least 24 months.

Where the casual professional staff member meets the above criteria, the performance of occasional and short-term work in another classification, job or department will not preclude the staff member from being eligible to apply for conversion, but such work will not be included in determining whether the staff member meets or does not meet the eligibility requirements.

4.8.5.1.3. Applications for conversion

A casual professional staff member may apply in writing for conversion to a continuing or fixed term position when they believe they meet the above eligibility criteria.

4.8.5.1.4. Consideration of applications for conversion

The University will 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:

• the staff member is a student, or has recently been a student, other than where his/her status as a student is irrelevant to his/her engagement and the work required;

• the staff member is a genuine retiree;

• 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);

• the staff member has a primary occupation with the University or elsewhere, either as a staff member or as a self-employed person;

• the staff member does not meet the essential requirement of the position; or

• the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.

4.8.5.1.5. Offer of non-casual employment

Applications for conversion to non-casual employment will be determined by:

• an offer of continuing or fixed-term employment at the same classification level and for the same or similar duties as the staff member was previously undertaking; or

• rejection of the application in writing on reasonable grounds (see Section 4.8.5.1.4).

In some cases, where the pattern of previous work determines, conversion may be to a seasonal, part-year or annualised hours contract.

Where a staff member is converted in accordance with this clause, prior service as a casual will be recognised for long service leave purposes only.

4.8.5.1.6. Further applications

A casual professional staff member whose application for conversion is rejected shall not be entitled to apply again within 12 months except where the reason for rejecting the application has been that the work the staff member was performing would cease to be required within 26 weeks of the application for conversion, and that reason has ceased to apply.

4.8.5.2. Procedures

4.8.5.2.1. Casual staff members' applications

Casual professional staff who believe they meet the eligibility for conversion criteria in Section 4.8.5.1.4 should first discuss this possibility with their supervisor.

To apply for conversion eligible casual professional staff must address their application for conversion in writing to the Head of Department, including their name and employee number and a brief statement as to the reasons why the staff member believes they meet the eligibility for conversion criteria.

Upon receiving a casual professional staff member's application for conversion, the Head of Department must seek the advice of their Human Resources Consultant.

4.9. Senior Administrative Service

^{(Updated: September 2007)}

4.9.1. Overview

Subject to Section 4.8.3.1 (paragraph 2), the Senior Administrative Service in the University is designed to foster a core group of senior administrative staff in the University who have the skills and knowledge necessary to ensure a high level of operational effectiveness and efficiency in the University. Such staff need to be developed, have a group identity and operate in an environment where excellent performance is rewarded.

The University of Melbourne Entrerprise Agreement 2006 contains incrementally based pay scales for the 10 work value levels in the salary structure, which are also set out at Section 16.2. Level 10, the level at which members of the Senior Administrative Service are appointed, contains a minimum salary point, and the University has developed the salary structures beyond that point.

The University of Melbourne has determined that in future all members of staff employed at Level 10 will be members of the Senior Administrative Service.

4.9.2. References

• University of Melbourne Council Minutes - July, 1993

• Minutes of Administrative Committee Meeting 11/95

• Minutes of Administrative Committee Meeting 1/99

• The University of Melbourne Enterprise Agreement 2006

4.9.3. Policy

4.9.3.1. Eligibility

Staff whose jobs are classified at Higher Education Worker level 10.

Staff who are receiving salaries within the level 10 range, but the work value of whose position is now below level 10 are not included as members of the Senior Administrative Service.

4.9.3.2. Role of Senior Administrative Staff

Expectations of senior administrative staff in the University are that they:

• possess knowledge, skills and experience relevant to the occupying a position at a senior level in a large organisation;

• have the capacity to think and plan strategically on a range of issues and functions;

• have decision making and problem solving skills, and the capacity to provide creative solutions to new and old problems;

• lead and manage large groups of staff;

• accept responsibility for developing and managing change;

• understand the broader financial, governmental, legal and industrial environment and ensure administrative compliance with community standards;

• accept responsibility for the performance of their function and its contribution to the University's objectives;

• represent the University to the public, staff and students;

• act autonomously within policy guidelines in accordance with University procedures;

• work to ensure a high level of client service.

4.9.3.3. Salary Structure

Salaries are initially determined by assigning jobs to classifications through a process designed to ensure that work of equal complexity and responsibility is rewarded equally. The emphasis of this process is measurement of the task, not the performance of individuals. The Cullen Egan Dell system of job evaluation is used to establish the correct work value of a position.

4.9.3.4. Salary Packaging

Senior Administrative Service staff may package salary by dividing the gross salary into two components: cash and benefits (or non-cash). If a staff member does so, then the University will (a) pay the amounts of the benefits on their behalf and (b) reduce the staff member's gross annual salary by the cost of the amounts paid. The balance of the salary remaining, after paying for the benefits, will then be taxed at its face value. In addition to car parking fees, University-provided childcare fees, Superannuation, membership of the University Sports and Physical Recreation Centre, some HEW Level 10C and above staff may be eligible under special circumstances to salary package a University vehicle.

Staff who package their salaries should note that higher duties allowances, bonuses, annual leave payouts on termination and long service leave payouts on termination are calculated on the total package amount divided by 1.17. (see Section 16.2.1.1).

4.9.3.5. Performance Management Processes for Senior Administrative Service

All members of the Senior Administrative Service are subject to the University's Performance Development Framework (Section 12.6) for both staff development and reward. Appraisal is based on an annual cycle, is outcome-oriented and includes the development of measures for performance of both the individual and the unit for which he or she is responsible. In addition the process emphasises the future development needs of the staff member.

4.9.3.6. Bonus

The University recognises exceptional and outstanding performance. Rewards may include public recognition and opportunities for further career advancement. In exceptional circumstances, options for additional monetary reward are available.

To cater for situations where additional reward will take monetary form, a series of annual bonuses based on performance will be offered. Bonuses are awarded for one year only, are not to be superannuable, and as an outcome of the performance management process.

4.9.3.7. Criteria for Award of Bonus

 Table 11: Bonuses

Level of Bonus  Criteria for Award  Level 1 - 5% of salary  The staff member's peformance has been assessed as outstanding under the Performance Development Framework.  Level 2 - Up to 9% of salary  In addition to outstanding performance, the staff member has provided outstanding service to the University. This latter recommendation may only be made after consultation to obtain views of relevant senior academic and general staff members. This level of bonus would be exceptional.  Level 3 - Unspecified Level  The staff member's performance has been assessed as outstanding under the Performance Development Framework and the staff member has operated for a number of years at a superior level demonstrating a high level of distinction and service to the University which is innovative and reflects a result which required significant efforts, skill, leadership, creative thinking and management of change in a way that the overall performance of the University is improved. A recommendation may only be made after consultation to obtain views of relevant senior academic and general staff members.

4.9.3.8. Recommendations for bonuses

Recommendations are made by the direct supervisor and must include a detailed argument on how the staff member meets the criteria. Where roles are autonomous, consultation with clients, colleagues etc. may need to occur before the recommendation is made.

4.9.3.9. Approval for bonuses

 Table 12: Delegations

Level of Bonus  Authority  First and second level bonus  Head of Department or Dean of Faculty  Third level bonus  Vice-Chancellor

Recommendations for bonuses should be forwarded to the Vice-Principal (Human Resources) at the end of the staff member's performance appraisal cycle.

4.10. Junior rates, Apprentice or Trainee positions

^{(Last amendment: July 2006)}

4.10.1. Overview

Junior rates may apply to Professional positions where the staff member is under the age of 21 years. In these circumstances, salary will be based on a percentage of the full time salary.

An apprentice would normally be employed on a fixed-term contract where a formal apprenticeship can be offered through a relevant statutory authority. The apprenticeship aims to provide the staff member with relevant skills, experience, training and qualifications in a specific trade field.

A trainee would normally be employed on a fixed-term contract where a formal traineeship can be offered through a relevant statutory authority. The traineeship aims to provide the staff member with relevant skills, experience, training and qualifications in a specific trade field.

Trainee positions are designed to facilitate:

• the employment of people who have little or no relevant job skills; or

• the re-entry of people who have been absent from the workforce for a period and whose job skills are inadequate or need updating; or

• people making a significant career change.

Professional staff who require training and do not perform the complete duties of a position may be paid a percentage of the full salary, which is based on the level of skill acquired and not age.

4.10.2. References

• The University of Melbourne Enterprise Agreement 2006

4.10.3. Policy

4.10.3.1. Definition of a junior and the junior rates that apply

The term junior applies to Professional staff where the staff member is under the age of 21 years. The salary for a junior will be based on a percentage of the full time salary dependant on the age of the staff member. The following junior rates will apply where appropriate:

 Table 13: Junior rates of pay

Age  Percentage  at 16 or under  50%  at 17  60%  at 18  70%  at 19  80 %  at 20  90%

4.10.3.2. Definition of an apprentice or apprentice position and the salary rates that apply

An apprentice is a staff member normally employed on a fixed term basis where he or she is employed pursuant to a formally recognised apprenticeship approved by the relevant statutory authority. The salary rates for apprentices are based on the level obtained through the apprenticeship and not based on age. The appropriate salary rates will be included in the relevant documentation from the relevant statutory authority as part of the formal approval process.

Apprentices will normally be paid at the following percentage rates (refer Section 16.2.1.2):

• 1st year: 42% of base trade rate;

• 2nd year: 55% of base trade rate;

• 3rd year: 75% of base trade rate;

• 4th year: 88% of base trade rate.

4.10.3.3. Definition of Trainee/Trainee Position

A trainee is a staff member normally employed on a fixed-term contract basis where he or she is employed pursuant to a formally recognised traineeship approved by the relevant statutory authority which will include an approved training course or training program. A trainee is a professional staff member normally appointed to full-time positions advertised as 'Trainee Position'.

A trainee position is only offered at professional level 2 or 3, or in exceptional circumstances, at level 1. The level of a trainee position is the same classification level applying to the position for which the trainee is to be prepared and would occupy on completion of training.

Trainee contracts of employment are subject to a probationary period in accordance with the University's standard probation requirements.

4.10.3.4. Training

The period of training will be in accordance with the recognised traineeship approved by the relevant statutory authority. It is envisaged that a trainee appointment would be for up to a maximum of two years.

Training may be on-the-job, but where appropriate, time release will also be provided for participation in courses external to the University. This may be the case where a base qualification or training level is required.

The training program, selection criteria and probation standards for the position must be clearly set out in the position description. The content and length of training must be indicated in the job advertisement and reiterated upon appointment.

4.10.4. Procedures for trainee appointments

The Job Card in the e-recruitment system must be completed and approved with a copy of the position description, Health and Hazard Questionnaire and an outline of the training program attached.

A training position should be classified at the same level as that of the position for which the trainee is being trained. The trainee will be paid at the appropriate trainee salary rate (see Section 16.2.1.2.1) and the traineeship should not normally exceed two years.

1st year in trainee position : 85% of professional level (1, 2 or 3)
2nd year on trainee position : 90% of professional level (1, 2 or 3)

4.11. Job Share

^{(Updated: August 2007)}

4.11.1. Overview

Job sharing is a voluntary arrangement where two or more staff share one full-time or part-time (where the part-time position is at least 0.8) position, each working on a part-time basis. Such arrangements can benefit staff who are phasing themselves into or out of the workforce, or staff whose family or study commitments do not enable them to undertake a full-time job. This PPP entry provides information about aspects of job sharing to be borne in mind when setting up such an arrangement.

4.11.2. References

• Council Minutes - September 1997

• Best HR Practice Guide : Work and Family: The Links and the Balance

• The University of Melbourne Enterprise Agreement 2006

• Equal Opportunity Policy

4.11.3. Policy

A job sharing arrangement will be with the approval of the Head of Department and Head of Budget Division. Managers and Heads of Departments are advised to consult with Human Resources staff to ensure compliance with Equal Opportunity policy and legislation.

Each member of staff appointed to a job share position is regarded as a separate appointment.

4.11.3.1. Probation

Job-share appointments are subject to a probation period unless they are for a period of less than six months.

4.11.3.2. Fixed-term

Job-share fixed-term appointments should be made in accordance with .Section .

4.11.3.3. Contract of Employment

While the content of the contract of employment must conform with the policies set out in Section 2.5, for job-share staff, additional information about time fractions, days and times to be worked within each appointment will be specified in the contract issued by Human Resources.

A staff member employed on a continuing contract whose position becomes a job-share for a fixed term will retain a continuing appointment with the University.

A staff member employed on a continuing contract who is appointed to an advertised job-share position may apply to take up the position on a secondment basis.

Should one job-share partner leave the position and/or the University, and the remaining partner and the Head of Department agree that the job-share arrangement should continue, the Head of Department will seek to appoint a new person to fill the vacant position on a job-share basis.

4.11.3.4. Advertising

A whole job may be advertised as being available on a job share basis.

When advertising job share positions, the selection criteria should include attributes to ensure the success of the job share arrangement.

4.11.3.5. Supervisory Issues

There should be one clearly designated supervisor for the job-sharing participants.

One position description for the job should be clearly written and provided to the incumbents before they commence the arrangement.

The performance of the incumbents will be assessed separately according to academic staff assessment procedures or the general staff Performance Development Framework.

Job-share incumbents should have access to staff development and training courses, including induction and orientation.

4.11.3.6. Leave

Staff members in job-share arrangements accumulate leave on a pro-rata basis.

4.12. Home Based Work for Professional Staff

^{(Updated: February 2009)}

4.12.1. Background

The University recognises the benefits of flexible-work arrangements for both the staff member and the supervisor. Staff benefit from increased flexibility in work schedules which provides greater opportunity to balance work and family life or to accommodate a disability. Supervisors benefit by attracting or retaining skilled staff members.

4.12.2. Definition

Subject to approval by the Head of Department, a staff member may undertake the duties of his or her position in the University at home. The staff member is required to spend some time at the University workplace. Such arrangements are specified in a home-based work arrangement.

4.12.3. Suitability of Work

In general, the work is more suitable for a home-based arrangement if:

• the work requires only a broad level of supervision;

• the work requires a low level of face-to-face team, peer or student or other contact;

• the work requires minimal use of files and other resources located in the University;

• the work is to be project-based or the work outcomes are easily identifiable and measurable; and

• necessary arrangements can be made to maintain confidentiality of information.

4.12.4. References

• Council Minutes - September 1997

• Administrative Committee Minutes - 17 November 1999

• Equal Opportunity Act (1995) Victoria

• Work and Family:The Links and the Balance - January 2002

• Performance Development Framework Policy and Guidelines

• Environment, Health and Safety Policy and Guidelines

4.12.5. Guidelines

4.12.5.1. Approval for Home-Based Work

A home-based work agreement can be initiated by either the University or the staff member. The Head of Department has the delegation to approve applications for home-based work. The Head must be satisfied that the arrangement meets the guidelines outlined below.

4.12.5.2. Terms and Conditions of Employment

University Terms and Conditions of employment apply while working from home.

4.12.5.3. Staff Development

The staff member must participate in the Performance Development Framework and have access to University-based training and development opportunities.

4.12.5.4. Environment, Health and Safety

Compliance with University EH&S policy is required at all times. The staff member must notify the University of any accident, injury or near miss as a result of carrying out duties necessary to fulfil the requirements of the position. An Incident Report is available on http://www.pb.unimelb.edu.au/ehs/ehs/incidentreporting/. The EH&S manual is available on http://www.unimelb.edu.au/ehsm-new.

A designated area in the home must be established as the Work Site and a Work Site and Work Station assessment must be completed and assessed as satisfactory as soon as the Work Site is established and before commencement of work. A Work Site Assessment checklist is available from http://www.pb.unimelb.edu.au/ehs/riskmanagement/. A KeyBoard Work Station Assessment checklist is available from http://www.unimelb.edu.au/ehsm/Keyboard_assess.pdf. The Department will arrange and pay for a suitably qualified nominee or an independent contractor to conduct the assessment. Advice on engaging an independent contractors is available from the Environmental Health & Safety Unit. Advice on Environment, Health and Safety is available from the Environmental Health & Safety Unit.

4.12.5.5. Illness

The staff member must notify the supervisor if they are ill and unable to perform the duties of the position. For professional staff an application for sick leave must be made.

4.12.5.6. University Access

The University may require access to the home Work Site to conduct Work Site and Work Station assessments, service equipment or to ensure compliance with University policy and procedures. Access times will be determined in consultation with the staff member.

4.12.5.7. Purchase, Installation and Use of Equipment

The Department and the staff member must produce a list of equipment required to carry out the home-based work. The list details the equipment to be supplied by the University and that supplied by the staff member.

IT support for installation of University owned equipment is provided by the Department's IT support personnel.

Staff members are subject to all University policies in regard to the use of University owned/leased equipment.

4.12.5.8. Maintenance of Equipment

The cost of maintenance of equipment owned or leased by the University is the responsibility of the Department. The Department may request that faulty equipment be returned to the University for servicing.

The Department may reimburse all reasonable maintenance costs of equipment owned by the staff member, where the costs are incurred as direct result of University work.

4.12.5.9. Return of Equipment

Upon the termination of the home-based work arrangement, any equipment owned by the University must be returned within 14 working days. All equipment is to be returned in reasonable condition.

4.12.5.10. Insurance

University equipment is covered by the University's insurance policy. It is the staff member's responsibility to take out insurance for staff member's equipment, should the staff member elect to do so.

4.12.5.11. Work Related Expenses

The Department may reimburse all telephone calls made in relation to the work. A record detailing local, mobile, STD and international calls must be maintained. The record must include date, telephone number, cost, person telephoned and reason for call.

The Department will cover dial in and internet access costs necessary to fulfil the requirements of the position. Further information regarding home based internet access is available at Section 23.10.

The Department will provide or reimburse the cost of all consumables necessary in relation to the work undertaken. Documentation and receipts must be submitted with any claims for reimbursement.

4.12.5.12. Review of the Arrangement

The home-based work arrangement may be reviewed and evaluated at any time. The agreement may be varied or replaced by another written agreement between the University and the staff member.

4.12.5.13. Termination of the Agreement

The University may discontinue the home-based work arrangement at any time and require the staff member to return to the University workplace. Unless extenuating circumstances exist, a 2 week notice period is required.

Should the staff member wish to terminate the arrangement, agreement with the Department should be sought and a similar period of notice given.

4.12.5.14. Arrangement Details

The home-based work agreement can be found in the HR Forms Library. A copy must be forwarded to Human Resources for placement on the staff members personal file. It must include:

• Commencement and end date of arrangement;

• Number of days/hours per week at home Work Site;

• Attendance requirement details at University workplace;

• Sketch of the designated home Work Site;

• Completed and approved Work Site assessment;

• Completed and approved Work Station assessment (Signed by suitably qualified nominee or independent contractor);

• List of equipment specifying items supplied by the Department and items to be supplied by the staff member;

• Copy of list of Equipment to be taken 'Off Campus' (For items over $5000 supplied by the University); and

• Other Details (Any special arrangements relating to home-based work signed by both staff member and supervisor).

4.13. Guidelines for the Employment of Students

^{(Updated: July 2006)}

4.13.1. Overview

Many students are employed by Faculties and Departments, particularly over the summer period. The employment of casuals over this period is crucial to ensure that significant processing and activities are completed. This policy is to provide guidance for staff employing students in areas that might be regarded as 'sensitive'.

4.13.2. References

• Administrative Services Co-ordination Group, January 1998

• Council Minutes - March 1998

• The University of Melbourne Enterprise Agreement 2006

4.13.3. Policy

The University encourages the casual and short-term employment of its own students in departments and faculties.

Normal University guidelines in relation to conflict of interest apply to the employment of students.

Care should be taken not to employ students from the Faculty or Faculties in which they are studying, in areas, or on tasks, which might be regarded as 'student' sensitive.

Students must be adequately supervised at all times. Access to Merlin or other sensitive computer systems must be closely monitored. In such areas preference might be given to the employment of post-graduates.

Departments wishing to engage students may contact the Student Employment Service or advertise in UniNews.

Students employed as casual staff members must be provided with a contract of employment stipulating the type of employment and the terms of engagement in relation to the duties required, the number of hours required, 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.

The Contract of Employment for Casual Staff form is available on the internet at: http://www.hr.unimelb.edu.au/benefits/forms/.

4.13.3.1. Confidentiality Agreement

Students must sign confidentiality agreements for the use of University systems or if they have access to sensitive staffing, student or financial information.

4.13.3.2. Rates of Pay

Students are paid appropriate rates of pay for the job being undertaken. Reference to Section Section 15.2 for general staff and SectionSection 15.3 for academic staff will help with the classification of positions. Normal and casual rates of pay are contained in Section 16.1 and Section 16.2.

4.14. Sessional Staff

^{(Updated: July 2006)}

4.14.1. Overview

Staff may be employed to undertake a series of sessions over a specific period, e.g. undertake tutorials, or act as demonstrators. Under this policy the University offers a prospective academic or general staff member an agreement that outlines the task/s, the times when the individual must be available to undertake those tasks and the period over which it is expected the task/s will be completed.

In the past such staff were employed casually and paid for each session or by the hour. The following process has been agreed upon to streamline and simplify arrangements for this work.

4.14.2. References

• The University of Melbourne Enterprise Agreement 2006

4.14.3. Policy

4.14.3.1. Principles of Engagement

As a general guide the following principles apply:

• there is a clear period in which the task or series of tasks should be completed;

• sessional staff members are engaged with no guarantee or expectation of work beyond any given agreed period of employment.

4.14.3.2. Information to be supplied to a Sessional Staff Member before Commencement of Employment

Should the University choose to employ a person on a sessional basis, the Head of Department will furnish the prospective staff member with a Sessional Employment Contract (form HR28) before the commencement of employment. The completed form should contain the following information:

• the date of commencement of employment;

• a description of the tasks or tasks to be performed by the staff member;

• the number of hours to be worked by the staff member;

• the normal pattern in which those hours are to be worked;

• the period in which the work must be completed;

• the rate of payment per hour or session;

• the total amount that will be earned by the staff member if he or she completes the tasks; and

• advice that the total amount will be paid in equal fortnightly installments.

4.14.3.3. Payment of Sessional Staff

Current rates of payment for sessional staff are set out in Section 16.1 under 'casual' (see Section 16.1.1.2-A2 for academic rates and Section 16.2.1.2.4 for general staff rates).

All payments to sessional staff will be made via electronic funds transfer to a nominated account held in a financial institution.

Sessional staff are paid fortnightly according to the following formula:

• total amount to be paid divided by the number of fortnightly pay periods worked.

4.14.3.4. Failure to Fulfil Agreement

The staff member must advise the Head of Department if the agreed hours have not been worked or completed. In those circumstances, the Head of Department may make alternative arrangements to complete the task.

If arrangements cannot be made to complete the hours or the task (e.g. because it is no longer required) or the staff member refuses or fails to complete the hours or tasks, the Head of Department must:

• immediately notify Human Resources to stop payment;

• advise the person in writing that payments have ceased.

4.14.3.5. Entitlements

Staff members employed under this policy are only entitled to those entitlements that ordinarily accrue to casual staff (see Section 4.8).

4.14.3.6. Appointment of Family of Heads of Departments to Sessional Positions

Where a member of a Head of Department's family is appointed to a sessional position within the Head's department, the appointment must be approved by the relevant Dean of Faculty.

4.14.4. Procedures

4.14.4.1. Pre-employment

Heads of Department should comply with the following procedures before employing a sessional staff member:

• determine the rate of payment (the rates of payment for casual academic and general staff are set out in Section );

• complete the HR15 Health and Hazard Assessment Questionnaire (HHAQ) if the staff member will be required to work in an area in which they will be exposed to known occupational hazards;

• forwarded the completed and signed HHAQ to the Occupational Health Nurse (refer to Section for more information)

• prepare Sessional Employment Contract (form HR28) before the commencement of employment. The completed form should contain the following information:

• the date of commencement of employment;

• a description of the tasks or tasks to be performed by the staff member;

• the number of hours to be worked by the staff member;

• the normal pattern in which those hours are to be worked;

• the period in which the work must be completed;

• the rate of payment per hour or session;

• the total amount that will be earned by the staff member if he or she completes the tasks; and

• advice that the total amount will be paid in equal fortnightly installments.

  Note: Forms available from http://www.hr.unimelb.edu.au/benefits/forms/.

4.14.4.2. First Day of Work

On the first day of work the following procedures should be followed to ensure that sessional staff are paid:

• the sessional staff member completes a HR5 Employee Registration Form and an Employment Declaration (Tax) Form;

• the Head of Department supplies Human Resources with a copy of the HR 28 Sessional Employment form, the HR5 Employee Registration Form and the Employment Declaration (Tax) Form;

• Human Resources will place the new fixed-task staff member on the payroll and pay the staff member according to Section 4.14.3.3.

4.15. Honorary Appointments and University Visitors

(Last updated: April 2009)

4.15.1. Overview

4.15.1.1. Honorary Appointments

Individuals awarded honorary appointments are not obliged to perform any specific work for the University, but are expected to contribute to the teaching and research or general betterment of the University through voluntary activities. These individuals are not provided with remuneration for their service.

These individuals may receive payment for reasonable travel and living expenses of up to $248 per day (as set by the Australian Taxation Office) and for overseas individuals, unless travelling on a business visa, to a maximum of $20,007 per annum (as set by the Department of Immigration and Citizenship).

Accordingly, and by law, individuals awarded honorary appointments are not employees of the University and cannot deliver service or services to the University on a regular or directed basis through this appointment.

Honorary appointments are established by means of a letter of invitation issued by Human Resources which stipulates the terms and conditions of employment, and the individual's written acceptance of these terms and conditions.

Honorary appointees are awarded an academic title during the period of their honorary appointment at the University and their names are added to the University Calendar during their term of appointment.

Categories of honorary appointments are:

• Honorary Fellows (see Section 4.15.3).

• Visiting Professors (see Section 4.15.4).

• Professors Emeritus (see Section 4.15.5).

4.15.1.2. University Visitors

University Visitors are similar to honorary appointments in that they are not obliged to perform any specific work for the University, but they are expected to contribute to the teaching and research or general betterment of the University through voluntary activities, and are not provided with remuneration for their service.

Similar to honorary appointments, these individuals may also receive payment for reasonable travel and living expenses of up to $248 per day (as set by the Australian Taxation Office) and for overseas individuals, unless travelling on a business visa, to a maximum of $20,007 per annum (as set by the Department of Immigration and Citizenship).

However, the characteristic which distinguishes University Visitors and Honorary appointments is that University Visitors are not awarded an academic title during the period of their contribution. If the individual holds an academic title at another university, they are entitled to use that title for the period of contribution, as long as they continue to hold that title.

There are two categories of University Visitors. These are:

• Academic Visitors, and

• Non-academic visitors

Academic Visitors are individuals who have a substantive academic appointment at another higher education institution or who make a direct contribution to the academic programs of the University of Melbourne.

Non-academic Visitors may contribute to the teaching and learning program of the University, or to other programs which aid the general betterment of the University. Examples of Non-academic Visitors include external members of University committees, volunteers operating in the University Alumni Office, individuals from industry presenting public lectures and artists setting up their exhibit in the Museum of Art.

All University Visitors should be issued with a letter of invitation, and formally accept that invitation before commencing their service to the University.

The relevant Department issues the letter of invitation to all Non-academic Visitors when their interaction with the University if for less than two weeks and no visa is required. The Department also receives and stores the written acceptance of the invitation.

Human Resources issues the letter of invitation in all other cases.

4.15.1.3. Distinguishing Between Honorary Appointments and Academic Visitors

 Table 14: Distinguishing Between Honorary Appointments and Academic Visitors

Academic Visitor  Honorary Fellow  Visiting Professor  Professor Emeritus  For academic staff from other universities visiting the University of Melbourne  For individuals (eg. academic, industry, clinical) who make significant contribution to the University on an ongoing basis  For senior (usually non-academic international) visitors  For Professors who have resigned or retired from the University of Melbourne  Not awarded an academic title  Awarded academic title  Awarded academic title of Professor  Awarded academic title of Emeritus Professor  One-off contribution  Ongoing contribution  May be one-off or ongoing  Not related to any level of contribution  Length of appointment varies but generally less than one year  Length of appointment varies but may be up to five years  Length of appointment varies but generally less than one year  Length of appointment is ongoing  Not included in University calendar  Included in University calendar  Not included in University calendar  Included in University calendar  Appointment approved by Dean or Head  Appointment approved by Head of Department or Senior Appointments Committee  Appointment approved by Council Sub-Committee  Appointment approved by Senior Appointments Committee  Does not receive remuneration  Does not receive remuneration  Does not receive remuneration  Does not receive remuneration  University may cover reasonable living and travel expenses  University may cover reasonable living and travel expenses  University may cover reasonable living and travel expenses  University may cover reasonable living and travel expenses  Does not perform work which would create employment relationship  Does not perform work which would create employment relationship  Does not perform work which would create employment relationship  Does not perform work which would create employment relationship

Note that, in all cases, if the individual is to be provided with any payment in excess of reasonable living and travel expenses, the individual should be engaged as either an employee or contractor.

Further advice about the categories of professional relationships is available from your Human Resources Consultant.

4.15.2. References

To be confirmed.

4.15.3. Principles and Policy - Honorary Fellows

4.15.3.1. Principles

The following principles underpin the Honorary Fellows policy:

• Honorary Fellows are highly valued members of the University of Melbourne community.

• Honorary appointments are academic appointments and, whilst a different process is utilised, are subject to the same degree of rigour as other academic appointments.

• The appointment as an Honorary Fellow at the University of Melbourne does not of itself create an employment or independent contractor relationship between the individual and the University.

• Where an employment or independent contractor relationship will arise between the individual and the University, this must be established by a means other than an honorary appointment.

• An individual may have more than one type of relationship with the University operating concurrently. However, the establishment of more than one type of relationship does not negate the University's and the individual's rights and obligations in respect of each relationship.

• Honorary Fellows are obliged to comply with certain University statutes, regulations and policies whilst undertaking any activity in their capacity as an Honorary Fellow at the University.

• Honorary staff may, on the approval of the Dean, be allocated supervisor responsibilites if they are required to supervise University of Melbourne staff.

4.15.3.2. Policy

4.15.3.2.1. Categories of Honorary Fellows

The categories of Honorary Fellows are:

 Table 15: Categories of Honorary Fellow

Category  Title and equivalent rank on ceremonial occasions  Equivalent academic level  Professorial Fellow  Professor  E  Principal Fellow  Associate Professor  D  Senior Fellow  Senior Lecturer  C  Fellow  Lecturer  B

4.15.3.2.2. Appointment and Re-appointment of Honorary Fellows

Individuals may only be appointed to honorary appointments when it is demonstrated that the individual will be making a significant contribution to the teaching and learning and/or research of the University during the term of their appointment.

An employment relationship between the individual and the University will not be created as a consequence of the appointment and, if an employment or independent contractor relationship will exist in addition to honorary appointment, this is established by other means.

The criteria for appointment in the four Fellow categories follow University norms for salaried academic staff at the rank of Lecturer and above.

An honorary appointment can only be conferred when the individual has formally accepted the terms and conditions of their appointment, as set out in the letter of appointment issued by Human Resources.

4.15.3.2.3. Delegations

 Table 16: Delegations

Categories  Equivalent academic levels  Approval for appointment  Fellow, Senior Fellow, Principal Fellow  B, C, D  Head of Department  Professorial Fellow  (for individuals who are full professors of a Group of Eight or Universitas 21 university  and  for individuals who have been recognised as Senior Principal Research Fellows or Senior Research Fellow by the NHMRC or ARC)  E  Dean on recommendation of Head of Department  Professorial Fellow (other)  E  Senior Appointments Committee on recommendation of Dean

4.15.3.2.4. Appointment of Honorary Supervisors

To appoint an honorary as a supervisor, the Head of Department will provide a case through the Dean, for the honorary staff member to be appointed as a supervisor of University of Melbourne staff. The case must be accompanied by the HR14 form - Themis HR - Changes to Supervisor and Workflow Co-ordinator. No HR action will be taken unless the complete documentation is approved by the Dean.

Honorary supervisors will receive formal notification of the supervisor status from the HR Division and will be required to sign acceptance of the conditions required of all supervisors.

The supervisor will be assigned supervisor responsibilities through Themis HR.

4.15.3.2.5. Periods and termination of appointment

Honorary appointments will be effective while the appointee continues to have an ongoing association with the University of Melbourne, as determined by the Head of Department, Dean and/or on behalf of the University Council.

Honorary appointments may be terminated at any time by the University and the appointee will be advised that they no longer have honorary status.

4.15.3.2.6. Activities of Honorary Fellows

Honorary Fellows are not University employees. Therefore Honorary Fellows may not:

• commit or authorise expenditure of University funds (variations to this item require authorisation of the Dean);

• unless specific arrangements are in place, carry out performance appraisals for University staff without a co-supervisor who is a University employee; or

• be directed to undertake an activity on a regular or recurring basis.

4.15.3.2.7. Privileges, Rights and Obligations of Honorary Fellows

The names of all Honorary Fellows may be added to the University Calendar for the period of their employment at the University of Melbourne.

Honorary Fellows are not, by virtue of their office, members of the Academic Board or any Faculty.

Honorary Fellows may obtain a visitors card and have access to the University's information facilities, including its electronic communication network.

Honorary Fellows may be provided with office accommodation at the discretion of the Head of Department.

Honorary Fellows must comply with certain University statutes, regulations and policies as they relate to their activities including:

• Statute 14.1 Intellectual Property;

• Use of the University's electronic communication network policy;

• State and Federal equal opportunity laws applying to the University of Melbourne and any related University policies;

• State and Federal occupational health and safety laws applying to the University of Melbourne and any related University policies;

• Those elements of Regulation 7.1.R8 - Code of Conduct for Researchwhich are relevant to the activities of the Honorary Fellow;

• Those elements of any University academic or student related statutes, regulations and policies which are relevant to the activities of the Honorary Fellow.

4.15.3.2.8. Use of Academic Title

Honorary Fellows may use their honorary title during the term of their appointment when carrying out any activity which forms part of their contribution to the University of Melbourne.

When carrying out activities which are outside their contribution to the University of Melbourne, and it can be reasonably construed that there is an association between the University and the individual, Honorary Fellows may use their honorary title during the term of their appointment if:

• there is no conflict of interest between the individual's work and their contribution to the University of Melbourne as an Honorary Fellow; and

• appropriate insurance and indemnification arrangements are in place.

The responsibility lies with the Honorary Fellow to ensure that these requirements are satisfied. Where further clarification or advice is sought in relation to this item, Honorary Fellows should seek advice from the Head of Department or Dean.

4.15.3.2.9. Payments to Honorary Fellow

Honorary Fellows may be eligible for reimbursement of reasonable payments which cover the expenses associated with the provision of their contribution to the University of Melbourne - for example, travel, accommodation and other living expenses. A guide to the level of these payments is available from Financial Operations, on advice from the Australian Taxation Office.

Honorary Fellows are not eligible for the payment of remuneration. When the University wishes to provide an individual with payment in excess of reasonable expenses, these payments should be effected through an employment or independent contractor relationship.

4.15.3.2.10. University Obligations

The University will ensure that its insurance provisions provide Honorary Fellows with the same level of cover as academic staff receive when Honorary Fellows are undertaking activities directly related to their appointment for the University. However, as coverage for workers compensation may not be extended under the applicable legislation, Honorary Fellows are encouraged to arrange separate insurance coverage for sickness and personal accident.

The University must ensure a safe work environment free of unlawful discrimination while the Honorary Fellow is undertaking activities on behalf of the University.

4.15.4. Policy - Visiting Professors

Subject to the approval of a committee of the Council established for that purpose, the Vice-Chancellor may appoint as a visiting professor a senior visitor.

The committee comprises the Chancellor (as Chair), the Provost, the President of the Academic Board (or nominee) and a Deputy Vice-Chancellor.

The committee decides on the term of any such appointment and any conditions applying to each such appointment.

In exceptional circumstances where the Vice-Chancellor believes it to be imperative that such an appointment be made immediately, the Vice-Chancellor may make such an offer without reference to the Committee. The term of appointment and the applicable conditions are to be decided by the Vice-Chancellor in such circumstances.

4.15.5. Policy - Professors Emeritus

4.15.5.1. Overview

The Senior Appointments and Promotions Comittee (SAPC) will award the title of Professor Emeritus to recognise 'distinguished service' to the University.

4.15.5.2. Eligibility

Persons who have not held an appointment as a professor of the University are not eligible for appointment as Professor Emeritus.

Former professors not appointed Professor Emeritus because they are continuing in full-time employment may be considered for appointment upon their subsequent retirement.

4.15.5.3. Guidelines

In considering a professor for appointment as Professor Emeritus, the Committee must take into account:

• the professor's distinction of service to the University by reference to intellectual and scholarly contributions and to other services;

• the length of such service, in all ranks, to the University;

• the future professional activities of the professor; and,

• any other factor relevant to the professor's service to the University which affects a recommendation that the service concerned should be recognised as 'distinguished academic service'.

4.15.6. Principles and Policy - University Visitors

4.15.6.1. Principles

The following principles underpin the University Visitors policy.

• The University of Melbourne wishes to acknowledge and record all instances of individuals providing service to it;

• University Visitors are highly valued members of the University of Melbourne community;

• The appointment as a University Visitor at the University of Melbourne does not of itself create an employment or independent contractor or honorary relationship between the individual and the University;

• Where an employment or independent contractor or honorary relationship will arise between the individual and the University, this must be established by a means other than a University Visitor appointment;

• An individual may have more than one type of relationship with the University operating concurrently. However, the establishment of more than one type of relationship does not negate the University's and the individual's rights and obligations in respect of each relationship;

• University Visitors are obliged to comply with certain University statutes, regulations and policies whilst undertaking any activity in their capacity as a University Visitor at the University;

• Academic Visitors may use the title currently conferred on them by their home institution whilst operating in the University of Melbourne.

4.15.6.2. Policy

4.15.6.2.1. Definition of University Visitors

University Visitors are individuals who have a sui generis relationship with the University (that is, one of a kind) and in which the individual is not obliged to perform any work for the University, but is expected to contribute to the teaching and research or general betterment of the University through voluntary activities, and in which remuneration or fee for service is not received.

University Visitors are not awarded an academic title during the period of their contribution.

There are two groups of University Visitors. These are:

• Academic Visitors; and

• Non-academic Visitors

Academic Visitors are individuals who have a substantive academic appointment at another higher education institution or who make a direct contribution to the academic programs of the University of Melbourne.

4.15.6.2.2. Appointment and Re-appointment of University Visitors

An employment relationship between the individual and the University will not be created as a consequence of the appointment and, if an employment or independent contractor or Honorary Fellow relationship will exist in addition to a University Visitor appointment, this is established by other means.

Individuals are appointed as Academic Visitors at the same level as their substantive appointment at their home institution.

An Academic Visitor appointment can only be confirmed when the individual has formally accepted the terms and conditions of their appointment, as set out in the letter of invitation issued by Human Resources or, where the individual will visit the University of Melbourne for less than 2 weeks and no visa is required, the relevant Department.

The letter of invitation for Non-academic Visitors may be issue by the relevant Faculty or Division.

In all cases, the individual must be advised of their and the University's rights and obligations, including the conditions under which the appointment may be terminated, through the letter of invitation.

4.15.6.2.3. Delegations

 Table 17: Delegations

Categories  Academic title to be used at the University of Melbourne  Approval for appointment  Letter of invitation issued by...  Non-academic Visitor  N/A  Dean or Vice-Principal  Relevant Faculty or Department  Academic Visitors where stay at University of Melbourne is more than two weeks  The title the individual holds at their home institution  Dean on recommendation of Head of Department  Human Resources  Academic Visitors where stay at University of Melbourne is less than two weeks and no visa is required  The title the individual holds at their home institution  Head of Department  Relevant Faculty or Department  Academic Visitors where stay at University of Melbourne is less than two weeks and visa is required  The title the individual holds at their home institution  Head of Department  Human Resources

4.15.6.2.4. Periods and Termination of Appointment

University Visitors are initially appointed for up to one year. Appointments may be subsequently renewed for up to one year. There is no limit on the number of times an appointment may be renewed.

The appointment ceases when the individual ceases making a significant contribution to the University of Melbourne, or at the end of the agreed term of appointment, whichever is sooner.

The Provost may withdraw a University Visitor appointment before end of term on recommendation of a Dean or Vice-Principal (Human Resources).

4.15.6.2.5. Activities of University Visitors

University Visitors are not University employees. Therefore University Visitors may not:

• commit or authorise expenditure of University funds (variations to this item require authorisation of the Head of Budget Division);

• carry out performance appraisals for University staff without a co-supervisor who is a University employee; or

• be directed to undertake an activity on a regular or recurring basis.

4.15.6.2.6. Privileges, Rights and Obligations of University Visitors

University Visitors are not, by virtue of their office, members of the Academic Board or any Faculty.

University Visitors may obtain a visitors card and have access to the University's information facilities, including its electronic communication network.

University Visitors may be provided with office accommodation at the discretion of the Head of Department.

University Visitors must comply with certain University statutes, regulations and policies as they relate to their activities. For Academic Visitors, this is likely to include:

• Statute 14.1 Intellectual Property;

• Use of the University's electronic communication network policy;

• State and Federal equal opportunity laws applying to the University of Melbourne and any related University policies;

• State and Federal occupational health and safety laws applying to the University of Melbourne and any related University policies;

• Those elements of Regulation 7.1.R8 - Code of Conduct for Researchwhich are relevant to the activities of the University Visitor;

• Those elements of any University academic or student related statutes, regulations and policies which are relevant to the activities of the University Visitor.

4.15.6.2.7. Use of Academic Title

Academic Visitors may use the academic title they use at their home institution whilst operating as an Academic Visitor at the University of Melbourne.

Non-academic Visitors are not awarded an academic title at the University of Melbourne.

4.15.6.2.8. Payments to University Visitors

University Visitors may be eligible for reimbursement of reasonable payments which cover the expenses associated with the provision of their contribution to the University of Melbourne - for example, travel, accommodation and other living expenses. A guide to the level of these payments is available from Financial Operations, on advice from the Australian Taxation Office and the Department of Immigrations.

University Visitors are not eligible for the payment of remuneration. When the University wishes to provide an individual with payment in excess of reasonable expenses, these payments should be effected through an employment or independent contractor relationship.

4.15.6.2.9. University Obligations

The University will ensure that its insurance provisions provide Academic Visitors with the same level of cover as academic staff receive when Academic Visitors are undertaking activities directly related to their appointment for the University. However, as coverage for workers compensation may not be extended under the applicable legislation, Academic Visitors are encouraged to arrange separate insurance coverage for sickness and personal accident.

The insurance provisions provided by the University of Melbourne in respect of Non-academic Visitors will be determined by the Manager, Insurance Office on a case by case basis.

The University will ensure a safe work environment free of unlawful discrimination is provided while University Visitors are undertaking activities on behalf of the University.

4.15.7. Procedures - Honorary Appointments

4.15.7.1. Appointments and Re-appointments - Professorial Fellows

The following procedures apply to appointments and re-appointments to Professorial Fellow for individuals who are not either:

• full professors of a Group of Eight or Universitas 21 university; or

• recognised as Senior Principal Research Fellows or Senior Research Fellow by the NHMRC or ARC.

For appointments:

• the Dean forwards a recommendation to the Senior Appointments Committee;

• Senior Appointments Committee approves;

• after approval, Human Resources takes further action as appropriate.

Re-appointments are approved by the Dean.

4.15.7.2. Appointments and Re-appointments - Other Honorary Fellows

The following procedures apply to appointments and re-appointments to:

• Professorial Fellow for individuals who are either:

  • full professors of a Group of Eight or Universitas 21 university; or

  • recognised as Senior Principal Research Fellows or Senior Research Fellow by the NHMRC or ARC.

For appointments:

• the Head of Department forwards a recommendation to the Dean;

• the Dean approves;

• after approval, the Dean advises Human Resources by submitting:

  • an HR4 Honorary Appointments form; and

  • a brief version of the nominee's curriculum vitae;

• Human Resources prepares the necessary documentation.

Re-appointments are approved by the Dean.

The following procedures apply to appointments and re-appointments to:

• Principal Fellow

• Senior Fellow

• Fellow

For appointments:

• the Head of Department approves;

• Head advises Human Resources by submitting:

  • an HR4 Honorary Appointments form; and

  • a brief version of the nominee's curriculum vitae;

• Human Resources prepares the necessary documentation.

Re-appointments are approved by the Head.

4.15.7.3. Appointment to Visiting Professor

The following procedures apply to appointments to Visiting Professor:

• the Vice-Chancellor forwards a recommendation to a Committee comprising the Chancellor (as Chair), the Provost, the President of the Academic Board (or nominee) and a Deputy Vice-Chancellor;

• the Committee approves;

• after approval, Human Resources takes further action as appropriate.

In exceptional circumstances where the Vice-Chancellor believes it to be imperative that such an appointment be made immediately, the Vice-Chancellor may make such an offer without reference to the Committee.

4.15.7.4. Appointment to Professor Emeritus

The following procedures apply to appointments to Professor Emeritus:

• Senior Appointments Committee considers the name of a person nominated to be awarded the title of Professor Emeritus within one year of the retirement or resignation of the nominated Professor;

• the Committee approves the nomination;

• after approval, Human Resources takes further action as appropriate.

4.15.8. Procedures - Appointment and Re-appointment of University Visitors

For Academic Visitors where the stay at the University is longer than two weeks AND/OR a visa is required:

• the Head of Department forwards a recommendation to Dean;

• the Dean approves;

• after approval, the Dean advises Human Resources by submitting:

  • an HR4 Honorary Appointment form; and

  • a brief version of the nominee's curriculum vitae;

• Human Resources prepares the necessary documentation.

Re-appointments are approved by the Dean.

For Academic Visitors where the stay at the University is less than two weeks AND no visa is required:

• the Head of Department approves;

• the relevant Department issues a letter of invitation;

• the relevant Department receives and stores confirmation of acceptance of the invitation from the individual.

Re-appointments are approved by the Head of Department.

For all Non-academic Visitors:

• the Head of Department approves;

• the relevant Department issues a letter of invitation;

• the relevant Department receives and stores confirmation of acceptance of the invitation from the individual.

Re-appointments are approved by the Head of Department.

4.15.9. Payments for reasonable travel and living expenses

Individuals who are awarded honorary appointments and University Visitors may not receive remuneration from the University. They may be eligible for payments to cover reasonable travel and living expenses.

Reasonable living expenses are around $300 per day (as set by the Australian Taxation Office) and, in the case of overseas individuals not travelling on a business visa, up to a maximum of $20,007 per annum (as set by the Department of Immigration).

If you wish to pay an individual a sum greater than this, then the nature of the relationship with the University has with the individual shifts, and the individual should probably be engaged as either an employee or an independent contractor. Further advice about these matters is available from your Human Resources Consultant.

There are three methods by which payments relating to reasonable travel and living expenses can be made:

• through Human Resources by HR27 form through the casual payroll - the payment can be processed as a single payment or in staggered payments over the period of the visit;

• through Financial Operations by Request for Payment for the refund of justifiable expenses, on the production of original receipts;

• a combination of the two methods outlined above.

You may also care to purchase airfare and accommodation on behalf of the individual.

Payments through the casual payroll are usually subject to Australian income tax. However, if the individual is a resident of a country with an appropriate tax treaty, these payments may not be subject to taxation in Australia.

Advice about which countries have tax treaties with Australia and the conditions attached to the treaty is available from the Taxation Accountant, Financial Operations.

Individuals from a country without an appropriate tax treaty who wish to be paid through the casual payroll should apply for a tax file number. Application forms are available at newsagents. If no tax file number is provided, the University is obliged to withhold a portion of the payment equivalent to the maximum taxation rate plus the Medicare levy and pay it to the Australian Taxation Office.

4.16. Individuals Operating as Independent Contractors

4.16.1. Overview

(Last amendment: July 2009)

Independent contractors provide services to the University and receive remuneration in excess of reasonable travel and living expenses for those services. Whilst the required outcome is defined, in general, the individual can decide how the work is done and receives remuneration according to the results they achieve.

For individuals to be engaged by the University, they must be able to demonstrate that they are clearly in business on their own account.

4.16.2. References

• Independent Contractors Act 2006 (Cth) - http://go.unimelb.edu.au/sp6

• Workplace Relations Legislation Amendment (Independent Contractors) Act 2006 (Cth) - http://go.unimelb.edu.au/8p6

• Finance Policy and Procedures Manual Section 11.2.5 'Individual Independent Contractor Payments'

• Superannuation (Productivity Benefit) Act 1988

• Superannuation Guarantee (Administration) Act 1992

• ATO's 'Superannuation Guarantee Ruling SGR 2005/1 'Superannuation guarantee: Who is an employee?' http://go.unimelb.edu.au/pp6

• ATO's 'Guidelines for Employers - Superannuation Guarantee - How to meet your super obligations'

• Occupational Health and Safety Act, 2004 (Vic) - http://go.unimelb.edu.au/pp6

• Occupational Health and Safety Regulations 2007 (Vic) - http://go.unimelb.edu.au/2p6

• Risk Management Committee, July and November 2008

• Administrative Policies and Practices Group, May 2009

4.16.3. Policy

4.16.3.1. Scope

This policy applies only to individuals providing services to the University of Melbourne on a fee for service basis in their own names and to University of Melbourne staff members who may otherwise be proposing to provide their services on a fee for services basis through a related entity.

It does not apply to incorporated or other entities providing services to the University on a fee for services basis except for the prohibition on University staff members providing services through an incorporated or related entity.

4.16.3.2. Categories of Independent Contractors

Independent contractors may be categorised as:

• Academic independent contractors; and

• Non-academic independent contractors

Academic independent contractors are individuals providing teaching and/or research services to the University on a fee for services basis.

Non-academic independent contractors are individuals providing non-teaching or non-research services to the University on a fee for services basis.

4.16.3.3. Determination of Independent Contractor Relationship

It is important that individuals providing services to the University are engaged through an appropriate arrangement. The University faces serious penalties if it fails to meet its obligations in respect of individuals providing services to it.

To determine if an individual should be engaged as an independent contractor or a staff member of the University, it is critical that the totality of the relationship is taken into account.

For an individual to be engaged as an independent contractor, he or she should normally be able to demonstrate that they are in business on their own account. In general, this is indicated if an individual:

• has a valid Australian Business Number (ABN);

• is to be engaged on a one-off or ad hoc basis;

• has a substantial number of clients other than the University;

• is not directed how to produce the specified service - that is, has the right to exercise control over the manner in which the work is performed, hours of work etc;

• is not to be fully integrated into the Department - that is, is not given permanent office space or provided with other infrastructure or administrative support;

• is able to sub-contract the service;

• is to be paid a fee for providing specified services;

• operates from a separate place of business; and

• carries the risk of commercial loss through professional indemnity and personal liability insurances.

None of the above items are definitive determinants in their own right and it is the totality of the situation which determines the most appropriate form of relationship.

For example, if an individual does not have a valid ABN but most of the other factors apply, he or she may still be regarded as an independent contractor. Similarly, individuals providing academic services are unlikely to be able to sub-contract their services, yet they may still be regarded as independent contractors in certain circumstances.

Indicative examples of situations in which an independent contractor relationship is appropriate are:

• a piano tuner who has a listing in the yellow pages;

• a course trainer who provides his or her services to a range of clients; and

• a graphic designer operating from his or her own place of business.

Indicative examples of situations in which an independent contractor relationship is NOT appropriate are:

• tutors, demonstrators and sessional lecturers (see Section );

• circumstances in which an individual holds a management position, eg. Deputy Head of Department or course co-ordinator, at the University.

If in doubt whether to engage an individual as an independent contractor or a staff member of the University, please contact the Manager, Remuneration and Benefits, Human Resources.

It is the responsibility of the Vice-Principal (Human Resources) to provide University staff with access to advice about the appropriate form of engagement. Further guidance is also provided at Section 4.1.3.1.

4.16.3.4. Engagement of Independent Contractors

The engagement of an independent contractor must be effected through a written contract which is to be signed by an authorised University staff member and the individual operating as an independent contractor. These contracts can be found at http://www.legal.unimelb.edu.au/legal_services/standard.

Reference should also be made to:

• the University Compliance Manual - Section 3, Contracts and Agreements - http://www.unimelb.edu.au/compliance/manual/ch03.html

• Regulation 17.1R6 Procedures and delegations in relation to contractual obligations including financial matters - http://www.unimelb.edu.au/Statutes/pdf/r171r6.pdf

Contracts with individuals operating as independent contractors should define:

• the work to be performed, the payment to be provided (including those required by law, such as where applicable, payroll tax and superannuation payments) and all other parameters of the engagement;

• the rights and obligations of the individual and the University;

• the ownership of any intellectual property that is developed in connection with the services being provided by the independent contractor;

• the obligations of the independent contractor relating to maintaining appropriate insurances;

• the obligations of the independent contractor relating to occupational health and safety; and

• the parameters and mechanisms relating to early termination of the contract.

The Dean or Head of Department is responsible for ensuring copies of signed contracts with independent contractors are accessible for audit and other purposes.

4.16.3.5. Delegations

 Table 18: Delegations

Category  Signatory for the University  Contract for individual independent contractor providing non-academic services valued at less than $60,000  Head of Department  Contract for individual independent contractor providing academic services valued at less than $60,000  Dean  Contract for individual independent contractor valued at more than $60,000  As determined by Tender Board processes

4.16.3.6. Superannuation Arrangements

An independent contractor or consultant will be treated as an employee for superannuation purposes in either of the following circumstances:

• if the contractor / consultant will be treated as an employee under common law, or

• if the contract with the worker is wholly or principally for their labour (note: an individual's labour may include physical labour, mental effort or artistic effort).

Further information on determining the above two factors is available at http://www.ato.gov.au/super/content.asp?doc=/content/43970.htm&page=6&H6. Referral to the ATO site for each individual case is strongly recommended to ensure compliance. If, on the balance of factors, a worker is determined to be an employee at common law or the contract with the worker is wholly or principally for their labour, the University must provide superannuation support for them.

Note: if the contract is with an intermediary such as a company or partnership rather than the individual then the individual is not an employee for superannuation purposes and superannuation does not apply.

Superannuation obligations will be outlined in the individual contract. Each individual contract must be examined in order to determine whether the person is engaged as an employee or as an independent contractor.

4.16.3.7. University Staff Members

University staff members are not permitted to provide any service or services to the University other than through their contract of employment and are accordingly unable to operate as an independent contractor for that purpose.

University staff members may not contract for services to the University through a partnership, company or other entity.

4.16.3.8. Privelages, Rights, Obligations of Independent Contractors

Independent contractors:

• are not University staff members in the performance of services covered by their engagement as independent contractors;

• may, at the discretion of the Head of Department, obtain an independent contractor (Visitor) card and have access to the University's information facilities, including its electronic communication network;

• may, at the discretion of the Head of Department, be provided with accommodation;

• must comply with University statutes, regulations and policies as they relate to their activities; including:

  • Statute 14.1 Intellectual Property - http://www.unimelb.edu.au/Statutes/s141.html;

  • Use of the University's electronic communication network policy - Section 23.4

  • State and Federal equal opportunity laws applying to the University of Melbourne and any related policies;

  • State and Federal occupational health and safety laws applying to the University of Melbourne and any related policies;

  • Those elements of Regulation 17.1.R8 - Code of Conduct for Research which are relevant to the activities of the Independent Contractor

Independent contractors may not:

• commit or authorise expenditure of University funds (variations to this item require authorisation of the Head of Budget Division); or

• unless specific arrangements are in place, carry out performance appraisals for University staff without a co-supervisor who is a University staff member.

4.16.3.9. Payments to Independent Contractors

The Finance Policy and Procedure Manual - (http://www.unimelb.edu.au/FinPPM) must be followed in relation to the purchasing of services from independent contractors, in particular:

• Section 8.1 for details regarding EHS issues related to purchasing

• Section 8.3 for details regarding external suppliers, including independent contractors

• Section 8.5 for details regarding purchases from non-preferred suppliers

• Section 11.2.5 for details regarding payments to independent contractors

4.16.3.10. University Obligations

The University must provide a safe workplace so far as is reasonably practicable, free from unlawful discrimination, while independent contractors are undertaking activities on a University campus as part of their engagement by the University.

Compliance with the Occupational Health and Safety Act, 2004 (Vic) is essential. Where the compliance risk is high, advice should be sought from the Environmental, Health and Safety Unit.

4.16.3.11. Insurance Provisions

Contractors engaged under an Independent Contractor Agreement (Academic Services) will be covered under the University's Public Liability and Professional Indemnity insurance policies in relation to the academic or teaching services provided.

Contractors engaged under an Independent Contractor Agreement (Non-Academic Services) are required to take out and maintain Public Liability insurance to an amount of $10 million and Professional Indemnity Insurance to an amount of $5 million to cover their performance of services under the Agreement.

It is most important to note that individuals from overseas are not covered for any medical service required as a consequence of an accident or illness or similar incurred away from the University. That is, individuals from overseas are not covered for those services provided for Australian citizens through Medicare or private health insurance.

4.16.3.12. Items related to specific groups of Independent Contractors

• Building construction and maintenance

  • Due to the inherent risks presented and the speciality of required contracts, individuals providing building construction and maintenance services to the University are only to be engaged through Property and Campus Services.

    The individuals will be required to participate in the University's induction program for building construction and maintenance contractors - http://go.unimelb.edu.au/n26.

• Testing and Tagging of Electrical Equipment

  • Whilst the responsibility for ensuring electrical equipment is tested and tagged rests with the Head of Department, individuals providing the service are only to be engaged through Property and Campus Services.

    Property and Buildings will not impose any surcharge for this activity.

• Tutors, Demonstrators and Sessional Lecturers

  • Tutors, demonstrators and sessional lecturers who are teaching existing course material or who are under the supervision of a University staff member should normally be engaged as a staff member of the University. Only in exceptional circumstances should these individuals be engaged as independent contractors.

    The Provost must approve any engagement of tutors, demonstrators and sessional lecturers as independent contractors.

4.16.4. Procedures

Further advice on independent contractor matters is available from:

• For general information: contact the Manager, Employee Remuneration and Benefits, Human Resources - http://go.unimelb.edu.au/a26

• University Standard Agreements: Legal Services - http://go.unimelb.edu.au/626

• Payments and taxation issues: Sections 11.2.5, 11.2.6 and 11.2.7, Finance Policy and Procedures Manual - http://go.unimelb.edu.au/x26

• Insurance: contact the Insurance Manager, Insurance Office - http://www.unimelb.edu.au/insurance

• Categorising and establishing relationships, Section 4.1.3

• University Compliance Manual - Section 3 Contracts and Agreements - http://go.unimelb.edu.au/r26

• EHS Management - Section 11.29 EHS Manual - http://www.unimelb.edu.au/ehsm-new

4.17. Adjunct Appointments

4.17.1. Definition

A member of the academic staff who over a number of years makes a substantial contribution to the teaching, research or professional programs of a department other than their own may be awarded an Adjunct appointment in that department.

The names of all Adjunct staff may be added to the University Calendarwithin the appropriate department as Adjunct Professor, Adjunct Senior Lecturer etc. according to the rank of their substantive appointment.

4.17.2. Procedure

The following procedures apply to Adjunct appointments:

• a recommendation for Adjunct appointment is initiated by the Head of Department in which the appointment is proposed and countersigned by the Head of the staff member's department;

• the recommendation is forwarded to the Dean of Faculty for endorsement. Where the proposed appointment is in a department of another faculty the recommendation must be endorsed by both Deans;

• the recommendation is forwarded through Human Resources to the Vice-Chancellor for approval. If the recommendation is for appointment at the professorial level it will be forwarded for approval to the Senior Appointments Committee via the Vice-Chancellor;

• once approved, Human Resources will take any other appropriate action.

Created: September 1995
Last Modified: 12 October 2009
Authorised by: Web & Administrative Officer, Human Resources.