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Personnel Policy and Procedures Manual 7. Employee Movements and Changes |
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[? Search] [Top] [Contents]
[Prev: 6. Probation and Confirmation]
[Next: 8. Hours and Related Conditions]
- 7.1. Further Employment for Existing Staff
- 7.1.1. Overview
- 7.1.2. References
- 7.1.3. Policy
- 7.1.4. Procedures
- 7.2. Transfer
- 7.2.1. Overview
- 7.2.2. References
- 7.2.3. Policy
- 7.2.4. Procedures
- 7.3. Placement Process for Professional Staff
- 7.3.1. Overview
- 7.3.2. Process
- 7.4. Secondment
- 7.4.1. Overview
- 7.4.2. Policy
- 7.4.3. Procedures
- 7.4.4. Authorisation
- 7.5. Early Retirement Incentives and Pre-retirement Contracts
- 7.5.1. Overview
- 7.5.2. References
- 7.5.3. Policy
- 7.6. International Exchange
- 7.6.1. Overview
- 7.6.2. References
- 7.6.3. Policy
(Last amendment: July 2006)
A staff member employed on a fixed-term contract holding a contract of employment with the University should have no expectation of a further period of employment when that contract ends. Generally, a staff member appointed for a fixed term automatically ceases employment on the date originally fixed as the end date, however situations may arise when a further period of employment is required. Offers of further fixed term employment are covered in Section and Section 2.2.
The University of Melbourne Enterprise Agreement 2006
Contiguous fixed-term appointments may only be made if combined time fraction of those engagements do not exceed a full time appointment (100%) (see Section Fixed-term employment).
A second or subsequent fixed-term contract may contain a probation period where the duties are substantially different.
Breaks between fixed-term appointments of up to two times per year and of up to six weeks do not constitute breaks in continuous service.
Staff on a second or subsequent fixed-term contract to work on a 'specific task or project' or who are engaged to perform research, may be entitled to a severance payment or retrenchment benefit payment if the contract is not renewed because the same or substantially similar duties are no longer required by the University (see Section 20.4).
Further periods of employment may involve changes to the position, funding, department/section, time fraction/hours worked, and/or days worked.
It is important that any changes proposed in a recommendation to offer a new contract of employment are made according to the University's established employment practices (see Chapters 1 - 6). Human Resources Consultants can provide assistance and advice.
(a) Where the University has provided a fixed staff member with written notice that at the expiry of the contract the University intends to:
continue the fixed-term position on a further fixed-term contract basis; or
continue the fixed-term position on a continuing basis.
the staff member will be given further employment in the fixed-term or continuing position provided the staff member was employed in the relevant position through a competitive and open selection process and has performed at a 'good' level in the context of the Performance Development Framework is recorded in Themis HR at the date of the appraisal.
(b) Nothing prevents the University from employing a staff member on a further fixed-term contract where the staff member was not initially employed through a competitive and open selection process or has participated but not completed a Performance Development Framework cycle, or otherwise meets the requirements of the position.
Where the University gives written notice that at the expiry of the contract the University intends to continue the fixed-term position on a further fixed-term contract basis, and the staff member was employed in the relevant position through a competitive and open selection process and has performed at a 'good' level in the context of the Performance Development Framework, the staff member may apply for conversion to continuing employment on the same salary and classification.
The University may refuse conversion on reasonable grounds, which may include, but are not limited to, the following:
the staff member is a student;
the staff member is a genuine retiree;
the staff member elected to change from continuing employment to a pre-retirement contract;
the staff member is employed on a performance based contract;
the staff member is an apprentice or trainee (and did not complete the apprenticeship or traineeship during the term of the first fixed-term contract);
the work performed by the staff member is predominantly related to discontinued programs;
the fixed-term employment is for a specific task or project, to undertake predominantly research or is funded by an identifiable funding source external to the University; or
the fixed-term employment is for the purposes of filling a temporary vacancy or to meet a curriculum requirement in vocational or professional education for recent practical or commercial experience.
Where an academic staff member converts from fixed-term to continuing status, he or she may be required to undertake a probationary period in accordance with the University's probation period (see Section ), provided that the staff member will be eligible to be considered for confirmation no later than five years after commencing employment with the University.
Staff members appointed on fixed-term contracts are normally required to take accrued leave before the expiry of the appointment. Any leave not taken is paid out on cessation of employment.
Twelve weeks before the completion of the fixed term appointment Human Resources will send a HR22 - Contract of Employment Advice and Action Form to the Department with the request to either confirm that the appointment is to cease or to recommend that a new contract of employment be offered.
If a new contract of employment is not required, the termination date and reason should be shown on the HR22 - Contract of Employment Advice and Action Form (see Section 20.3 for additional information about notice period and severance payments).
If a new contract of employment is required, on receipt of the HR22 - Contract of Employment Advice and Action Form please ensure the following steps are taken by the Head of Department:
the HR22 Form is completed, advising any changes to the position, funding, department/section, time fraction/hours worked, days worked, and/or superannuation,
the completed form is returned to Human Resources 4 weeks before the current appointment end date.
Delegations to approve further contracts are:
Heads of Budget Division where it is a second or subsequent fixed-term contract; and
the Vice-Chancellor where it is a renewal of contract involving staff members occupying the offices of Provost, Deputy Vice-Chancellor, Pro Vice-Chancellor, Assistant Vice-Chancellor, Senior Vice-Principal, Vice-Principals, Deputy Principals, Deans and Officers of the Academic Board on the advice of the Remuneration and Employment Conditions Committee.
(Last amendment: August 2007)
Every staff member occupies a designated position or positions at the University. A member of staff may permanently or temporarily transfer from one position to another within the University for a variety of reasons.
For temporary transfers the staff member will return to his or her previously held position or to another agreed position.
Council Minutes - September 2004
The University of Melbourne Enterprise Agreement 2006
The Vice-Principal (Human Resources) may direct a staff member to be transferred.
When a staff member permanently transfers to another position, the terms and conditions of the previous position are foregone, and those associated with the new position to which the staff member has transferred are adopted.
Temporary transfers are normally based upon discussion between the releasing department, the host department, and the staff member concerned, or, if the transfer is to be within the same department, consultation with the departmental and section Heads and the staff member.
A staff member being temporarily transferred will receive a variation to their contract of employment to cover the period of the transfer. Unless otherwise agreed, the position vacated by the staff member should be the position to which he or she returns at the end of the period.
It may be agreed between the releasing department and the staff member that at the end of the period of temporary transfer the staff member will not return to their previous position, but to another position of equivalent classification. In such circumstances, the releasing department must ensure that such a position is available at the end of the period.
Best practice in Recruitment and Selection would normally call for the employee to discuss with their releasing department if they are wishing to apply for temporary transfers.
A transfer may be requested of the supervisor, Head of Department, or Human Resources, in the following situations:
WorkCover
upon successful application a staff member is offered another position within the university;
a staff member is offered by invitation another position within the university;
for staff development purposes;
a staff member is physically incapable of carrying out the duties of his or her current position;
as part of the redeployment process in a redundancy situation;
personality conflicts exist; or
for any other reason as determined by the Vice-Principal (Human Resources) should circumstances require such action.
Where a staff member is to be temporarily or permanently appointed to a position of higher classification, the relevant procedures outlined in Section 2.1.4 must be followed.
Probation provisions normally do not apply to transfer arrangements if the employee has already completed a probationary period within the University. Probation periods may apply in certain circumstances where the type of employment is changed markedly, eg. a move from a professional staff position to an academic staff position.
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(New Section: December 2007)
This policy is relevant to situations where the University has identified that a Faculty or Administrative Division will be undertaking a major change exercise on a large scale which is likely to impact on a number of professional staff positions.
This policy has been developed to assist the University to retain the considerable knowledge and expertise of professional staff members in continuing positions during times of major change. It is expected that eligible staff will engage fully in the process. A definition of 'major change' can be found in the Enterprise Bargaining Agreement (EBA), Clause 85 (http://www.hr.unimelb.edu.au/__data/assets/pdf_file/0019/26407/ea-2006.pdf).
In circumstances described above, prior to the Faculty or Division providing formal written notification to Human Resources under Clause 81.2 of the EBA (http://www.hr.unimelb.edu.au/__data/assets/pdf_file/0019/26407/ea-2006.pdf) that a professional staff member's position is excess to requirements, the University will provide the following process to enable staff to be considered for any suitable positions that arise.
Where as a result of a decision by the University to undertake major change as described above, a continuing staff member's position has been identified as likely to be declared in excess, the staff member will be considered for a transfer under this policy. Such a staff member will be assisted in this process by a placement coordinator within Human Resources. The Vice-Principal (Human Resources) is responsible for ensuring the process is followed.
The staff member will meet with the placement coordinator who will normally assist with the preparation of an up to date curriculum vitae. The placement coordinator will then make an assessment of the staff member's potential for transfer to other vacant positions in the University.
Having identified possible suitable positions within the University and taking the views of the staff member about their suitability for those positions into account, the placement coordinator will contact the relevant Head of Department/s or nominee/s and indicate that a current staff member/s is being recommended for placement. The current staff member/s must be considered by the Head of Department/s or nominee/s prior to proceeding with advertising and/or interviewing any other applicants.
There are three possible actions at this stage:
The Head of Department or nominee immediately confirms that the staff member is suitable for the position and requests that the Vice-Principal (Human Resources) transfer the staff member into the position. Refer to the procedures at Section 7.2. Where more than one staff member has been identified by the placement coordinator as possibly suitable for the position, action 2. below will be implemented.
The Head of Department or nominee recommends that a properly constituted selection panel is convened to consider the staff member/s recommended by the placement coordinator.
In these cases a properly constituted selection panel will consider the current staff member/s curriculum vitae against the position description, and meet with them prior to making a decision about their suitability for appointment. The selection panel decision must be based on whether the staff member meets the selection criteria or could reasonably be expected to meet the requirements of the position within a short period of time (3 - 6 months).
Where the selection panel recommends appointment, refer to the procedures at Section 7.2.
Where the selection panel does not consider that the current staff member/s adequately meets the selection criteria or could reasonably be expected to meet the requirements of the position within a short period of time (3 - 6 months), a written statement of reasons must be submitted to the placement coordinator in Human Resources.
The Head of Department or nominee forms the view that the staff member is not suitable for the position and submits a written statement of reasons to the placement coordinator in Human Resources. The Head of Department's decision must be based on whether the staff member adequately meets the selection criteria or could reasonably be expected to meet the requirements of the position within a short period of time (3 - 6 months).
Where a selection panel or Head of Department forms the view that the staff member is not suitable for the position, the reasons for the decision and relevant documents including the curriculum vitae and the position description will be forwarded to the placement coordinator. In circumstances where the reasons for the decision not to place a staff member are considered by the placement coordinator to be 'unreasonable' the documentation will be referred to the Vice-Principal and Head of University Services (or nominee) who will determine the matter after consultation with a review panel. The review panel will be impartial and consist of a Head of Budget Division, Faculty General Manager and another Senior Administrative staff member.
The placement coordinator will be responsible for providing feedback to the staff member/s if it is determined that they are unsuccessful for a position. Additional support will be provided to the staff member on a case by case basis.
Staff members will be placed into continuing positions wherever possible and will only be placed into fixed term positions by agreement.
Once instigated, the process of searching for a suitable vacant position will be concluded within a two month period, and before the staff member can be formally declared excess to requirements in accordance with Section 10.6 Redeployment and Redundancy Arrangements - Professional Staff.
(Last amendment: July 2006)
Secondments may be used for a range of purposes, the most common being staff development. Secondment is also often used when the University wishes to gain the services of an employee of another organisation for a defined period. Secondments must be based on mutual agreement between the staff member, the University and the releasing or host organisation and must be for a specific period and must be agreed by those parties before commencement of any secondment.
There are two types of secondment:
1. Secondment out of the University.
An employee of the University is placed in another organisation for a specified period, and at the end of that time will return to duty at the University. Any secondment proposal must specify the arrangements for return.
2. Secondment into the University.
A person may be seconded into the University to fill a vacant position. The secondment arrangement must specify that the seconded staff member will return to the releasing organisation at the end of a fixed term or will no longer be an employee of that organisation if the employment has come to an end. Where the secondment involves a University appointment, standard appointment processes and policy must be followed.
A formal secondment agreement must be entered into if:
an employee of the University is placed in another organisation for a specified period; or
an employee from another organisation is performing work for The University of Melbourne and The University of Melbourne is reimbursing the other organisation for this work.
Where it is proposed that the host organisation will pay all costs of employment directly to the employee, the employee should request leave without salary and it is not necessary to prepare a secondment agreement. For conditions surrounding Leave Without Salary including information relating to increments, the accrual of sick leave, annual leave and long service leave and the payment of superannuation during the period of leave without salary, see Section 9.3. GST is applicable to secondment agreements.
Secondment agreements must specify the manner in which employee payments are to be treated. Employee payments during secondment will normally be processed by the University continuing to pay the staff member and then invoicing the host organisation for reimbursement, including all associated on-costs.
A secondment arrangement should specify arrangements for the staff member's return to his or her current position. The vacated position may be filled with a fixed-term position who will receive a contract of employment for the duration of the secondment period.
It may be agreed between the University and the staff member that at the end of the period of secondment the staff member will not return to their previous position, but to another position of equivalent classification. In such circumstances the releasing department must ensure that such a position will be available at the end of the period. The vacated position may then be filled on a continuing full-time or part-time basis.
Prior to approving a secondment agreement the Head of Department should ensure that the secondee does not have excessive annual leave or long service leave. If the secondee does have an excessive leave balance, arrangements should be made to reduce the leave either prior to or during the secondment period.
Details of the University of Melbourne Travel Insurance Policy is available at the Insurance Office Website at the following address: http://www.unimelb.edu.au/insurance/travel/index.html.
Travel Insurance shall be used for work related overseas trips that leave and return to Australia within 12 months. Departments need to ensure that expatriate insurance is provided for overseas travel that extends this time frame. For information and advice regarding expatriate insurance please contact the Risk Management Office.
Secondment agreements must specify the manner in which payments to the individual are to be treated. Payments to the individual being seconded into the University during secondment will normally be made by the releasing organisation continuing to pay the individual, plus associated on-costs, and invoicing the University for reimbursement. In this instance the department must ensure that a signed secondment agreement is entered into prior to commencing the secondment.
If the releasing organisation grants the individual an unpaid absence for the stated period and the University pays all costs, the employee is appointed to the University and normal appointment processes and policy must be followed.
There should be no expectation of further employment at The University of Melbourne when the secondment period reaches it's end date.
Human Resources Consultants should be consulted regarding the arrangements for the secondment prior to entering the agreement and can help ensure that appropriate arrangements are entered into for meeting salary and other associated costs. Human Resources Consultants can advise on all aspects of secondment, including terms and conditions, leave entitlements, leave without salary, and continuity of service for the purposes of long service leave.
Human Resources will work with the department to produce an appropriate written secondment agreement which must be signed by the staff member, the University and the releasing or host organisation prior to entering the arrangement.
[For a basic pro-forma secondment agreement where an employee is seconded from the University, go to http://www.hr.unimelb.edu.au/advicesupport/recruitment/transfers-secondments]
[For a basic pro-forma secondment agreement where an employee is seconded into the University, go to http://www.hr.unimelb.edu.au/advicesupport/recruitment/transfers-secondments]
Secondment agreements for employees entering and leaving the University must contain the following information:
name, title and address of the secondee;
the name and address of the host organisation;
the date of the first and last day of the period of secondment;
a position description outlining the duties that the secondee will perform while on secondment including the name of the secondee's immediate supervisor;
the manner in which employee payments are to be treated;
details of the position to which the secondee will return (if it is a different one to the position being vacated);
the terms and conditions the employee will be employed under (including leave positions);
intellectual property clauses;
details on termination of contract;
how early termination will be handled; and
how unsatisfactory performance will be handled.
In circumstances where the host organisation produces the secondment agreement, the agreement must contain the above information.
If the secondment entails a release teacher from the Ministry of Education, Human Resources must be informed as soon as possible as special conditions and costs apply.
After preparing the secondment agreement, the department will forward the agreement to Human Resources for content approval. After approval, it is then the department's responsibility to obtain the relevant signatures of the host/releasing organisation and forwarding the executed agreement to Human Resources for final approval. Human Resources will then provide a copy of the agreement to the employee to also sign the agreement prior to the executed agreement being distributed to all parties to the secondment agreement.
If agreement cannot be reached, the secondment will not proceed and the employee should consider applying for Leave Without Salary.
If it is necessary for the secondee to have access to the University IT facilities, complete an HR39 IT Access Application form http://www.hr.unimelb.edu.au/benefits/forms and forward to Human Resources, once the secondment has commenced.
Secondments for Professional and Academic staff must be approved by both:
the Dean or Head of Budgetary Unit after consultation with the Head of Department; and
the Vice-Principal (Human Resources).
(Amended: September 2008)
From time to time Budget Divisions or Departments may need to reshape their workforce, in order to accommodate changes in student demand, discipline emphasis, or to provide for appropriate succession planning. In order to support this process, the University offers an early retirement incentive and pre-retirement contracts. These may only be offered where approval has been given to do so on the basis of an approved and comprehensive work force plan for a Budget Division or Department.
The University of Melbourne Enterprise Agreement 2006
Human Resources Advisory Committee minutes, April 2007
Administrative Policies and Practices Group, September 2008
The University will only approve early retirement incentives or pre-retirement contracts if the recommendation to offer staff such benefits is based on a Workforce Plan where consideration has been given to:
Growing Esteem;
the strategic directions of the Faculty or Department;
age/renewal of staff;
reallocation of resources;
refocusing the effort of the Faculty or Department;
succession planning; and
retraining of staff.
A plan should also incorporate information about the proposed reallocation of funds saved by the termination of the staff member including:
whether the duties will continue;
the timeframe for replacement of staff members;
whether the funds will be used to provide time out for retraining staff members;
other proposed uses.
Approval may not be given for a staff member to receive both an early retirement incentive and a pre-retirement contract.
Except for academic staff appointed to honorary positions, a staff member who has accepted a termination payment which attracts concessional tax treatment, must not be re-employed in the same job.
For the purposes of this subclause 7.5.3.2, the term 'same job' includes a role that is identical to the role held by the staff member prior to termination of their employment and any role that whilst not identical is substantially the same involving similar duties to be performed within the same department at the same or similar classification level to the role held by the staff member prior to termination.
At the time of the termination, there must be no agreement, arrangement or understanding (including any informal arrangement) between the staff member and the University, or the University and another person, to employ the staff member after the termination time.1
Procedures concerning the approval of further periods of employment after accepting an early retirement incentive or pre-retirement contract are detailed in Section 2.4.3.6 http://www.unimelb.edu.au/ppp/docs/2.html#2.4.3.6.
Early retirement incentives and pre-retirement contracts are a charge against the budget of the division from which the staff member's salary is funded.
The Head of Budget Division may offer a pre-retirement contract to a staff member holding a full or part-time position:
after the Provost has approved a Workforce Plan for the Budget Division or the Department concerned which outlines the need for such action; and
where change is necessary as a result of workforce or academic discipline planning requirements.
A pre-retirement contract is not convertible to a continuing appointment. A further fixed term contract may not be offered after the completion of a pre-retirement contract. The staff member accepting such terms and conditions must terminate their employment with the University at the end of the contract period.
A staff member on a pre-retirement contract is entitled to the same terms and conditions as apply to full-time or part-time staff engaged in an equivalent classification and working an equivalent proportion of normal weekly ordinary hours for the classification.
A pre-retirement contract may be offered for a fixed term for a period of up to three years.
A pre-retirement contract carries a non-superannuable loading of 20% of the staff member's annual salary.
A pre-retirement contract may be combined with the Part-time employment before retirement scheme.
A staff member accepting a pre-retirement contract is not entitled to either a redundancy, termination or an early retirement incentive.
The Head of Budget Division may offer an early retirement incentive to a staff member holding a full- or part-time position:
after the Provost has approved a Workforce Plan for the Budget Division or the Department concerned which outlines the need for such action; and
where change is necessary as a result of workforce or academic discipline planning requirements.
This payment is treated as an Employment Termination Payment (ETP) under the Taxation Administration Act 1953 Section 15-25 and 15-30. The ETP is a lump sum payment made at termination which is subject to treatment in accordance with Australian Taxation Office rules. Further information relating to taxation treatment of ETP's can be found at http://www.ato.gov.au.
The early retirement incentive should not exceed 60% of the staff member's current base salary and will be additional to any outstanding leave entitlements payable to the staff member on retirement, except that, in special circumstances, the Provost may, at his discretion, negotiate with the Head of the Budget Division to vary the early retirement incentive.
The Head of Budget Division may authorise the issuing of a pre-retirement contract or payment of a retirement incentive only after approval by the Provost of a workforce plan.
In applying for approval of his or her Workforce Plan, the Dean of Faculty or Head of Administrative Division should take into account:
the financial situation of the Faculty or Division,
the operational needs of the area and
whether staff members will need to be replaced.
(Last Amendment: November 1999)
The University is committed to establishing mutually beneficial links between itself and other international universities to share ideas and expertise and as a staff development opportunity for academic and general staff. While individual exchange arrangements differ in minor ways, the following entry sets out basic guidelines to help with the establishment of the arrangement.
Council Minutes - November 1998
Staff members seeking exchange with staff from other Universities should first consult their Head of Department.
A register of staff seeking international exchange is kept in Human Resources. The availability of the register is publicised from time to time and staff are encouraged to express interest by providing their curriculum vitae to Human Resources to be included on the register. Interested staff will be matched with enquiries from international universities and other appropriate staff advised of the enquiry.
The staff member may be financed with Departmental or Divisional funds to the extent of fares for the staff member only and some living away from home expenses.
Half the staff member's normal salary may be salary sacrificed and paid as an assessable Travel Allowance, subject to indemnity and appropriate adjustments (e.g. maintenance of superannuation at the full rate). The Travel Allowance component may be paid in a lump sum up to six weeks before departure date. Staff members receiving a Travel Allowance must make judgments in relation to the taxation implications of the allowance and observe University and Taxation Department requirements for the documentation and recording of activities and expenses.
For the duration of the appointment the staff member will remain an employee of the University of Melbourne and, unless alternative arrangements such as those outlined in this section are made, will continue to:
receive his or her normal salary from the University of Melbourne; and
accrue leave entitlements.
Details of the University of Melbourne Travel Insurance Policy is available at the Insurance Office website at the following address: http://www.unimelb.edu.au/insurance/travel/index.html. Travel Insurance shall be used for work related overseas trips that leave and return to Australia within 12 months. Departments need to ensure that expatriate insurance is provided for overseas travel that extends this time frame. For information and advice regarding expatriate insurance please contact the Insurance Office.
Upon completion of the exchange the staff member is required to serve the University for a period at least equal to the length of the exchange. The whole or part of any allowance paid under Section 7.6.3.2 may be required to be repaid to the University should the required period not be served.
The Head of budget division authorises the final proposal.
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'Agreement' is defined in section 27A(1) of the Income Tax Assessment Act 1936 to mean 'any arrangement or understanding whether formal or informal, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings'. |
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[Prev: 6. Probation and Confirmation]
[Next: 8. Hours and Related Conditions]
Created: September 1995
Last Modified: 12 October 2009
Authorised by: Web & Administrative Officer, Human Resources.
Maintained by: Jo Barnes jo.barnes@unimelb.edu.au
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