1. Provisions for determining modes of employment and employment contracts are provided for under the ANU Enterprise Agreement and the ANU Appointments Policy.

General staff recruitment and engagement

2. Except in the circumstances referred to in clauses 5 and 6 below, or where the Director - Human Resources authorises otherwise, vacancies for general staff positions will be advertised by the University.
3. The University may advertise vacancies in such a manner as it deems fit provided that notice of vacancies is given through the normal internal advertising mechanism.
4. Prospective applicants should normally be given not less than 7 working days (external advertising) and 5 working days (internal advertising) to lodge a response to an advertisement.
5. Vacancies will be measured against staff seeking redeployment (surplus to needs/redundant) before recruitment action is undertaken. Where a person is assessed as having the skills and experience necessary to effectively perform the duties of the vacant position, that person will be transferred to the position as directed by the Director, Human Resources.
6. A fixed term general staff appointment of 12 months or less may be offered without advertisement provided that the area gives priority to suitably qualified staff members seeking rehabilitation, redeployment or transfer.
7. Any person who has been employed at the ANU within the previous 12 months and is registered with the Casual Pool will have the status of internal applicant for advertised vacancies.

Contracts of employment other than senior management contracts

8. Upon engagement, the University will provide each staff member with a contract of employment stipulating the type of appointment being offered and informing the staff member of the terms of engagement. The contract of employment will specify all the terms and conditions that relate to the staff member. The contract will be in the form of a letter of offer with reference to the University's Enterprise Agreement. The contact will also make specific reference to the application of University policies.
9. The contract of employment must contain the following information:

(a) for a staff member other than a casual employee:

• the classification level and salary of the staff member on commencement of the employment;
• the hours or the fraction of full time hours to be worked; and
• where the employment includes a probationary period, the length and terms of the probation.

(b) for a fixed term staff member, the reason for the use of fixed term employment, in accordance with clause 25;

(c) for a casual staff member:

• the duties required;
• the number of hours required;
• the classification level and rate of pay for each duty required;
• a statement that any additional duties required during the term will be paid for at the rate of pay appropriate to the classification level of the additional duties; and
• for a general staff member, a statement that he or she may have a right to apply for his or her appointment to be converted to a non-casual appointment in accordance with the eligibility for casual general staff conversion provision of the ANU Enterprise Agreement.

(d) grounds for termination in accordance with the ceasing employment provisions of the ANU Enterprise Agreement; and

(e) other main conditions of employment including the identity of the employer, the legal and/or administrative sources from which those conditions arise, the duties and supervisor of the position.

10. Each staff member will have a nominated supervisor and will be advised in writing of the position of that person. The supervisor of an academic staff member will normally be the head of the academic unit in which the staff member is employed, and University policy will prescribe how alternative supervisors (at least at Level C or above) for academic staff can be appointed.
11. ‘Supervisor' means the nominated person who provides direction to the staff member on behalf of the University.
12. The University will provide appropriate training for supervisors.

13. The University will engage a person as an employee in accordance with this procedure on terms that correspond with the following types of employment:

• continuing employment;
• part-time employment;
• senior management appointments;
• Graduate Recruitment and Development Program;
• continuing (contingent funded) employment;
• fixed term employment; and
• casual general staff employment and sessional academic employment .

14. Nothing in this procedure limits the number or proportion of employees that the University may employ in a particular type of employment.

Continuing employment

15. The University may appoint a staff member with highly specialised and/or senior industry expertise to a position and grant the staff member an academic rank which recognises the unique but significant contribution they will bring to the research and/or education reputation of the University. Any such appointment requires the approval of the Director, Human Resources or the Vice-Chancellor.
    
16. Continuing employment means all employment other than fixed term, continuing (contingent funded), senior management appointments, casual employment or those employed on employment schemes under this procedure. A continuing appointment is made for an indefinite period and may be full time or part time.

17. Part time employment may be continuing, continuing (contingent funded) or fixed term.
18. A staff member employed part time is entitled to the same employment conditions, calculated on a pro rata basis, as an equivalent full time employee.
19. A part time general staff member will either:

• work a regular pattern of hours which totals less than the full time hours in a pay period; or
• have a regular pattern of employment which, over a specified period is equivalent to an agreed number of part time hours in a pay period, for which the staff member will be paid accordingly; or involves agreed periods of attendance on full pay and periods of stand-down without pay.

20. Senior management appointment means employment in a specified senior management position excluded from certain conditions contained in the ANU Enterprise Agreement. The list of specified positions and the conditions for senior management appointments are contained in the procedure - Senior Management Appointments.

21. The University may offer employment to higher education institution graduates under its Graduate Recruitment and Development Program (GRDP), with an initial 12-month structured induction, training and development program including rotation to different work areas within the University or Division. Following successful completion of this 12-month program, employment will be confirmed at the ANU Officer 5 step 3 salary level. Thereafter, the staff member will be eligible for salary progression in accordance with the Incremental salary progression of the ANU Enterprise Agreement.

22. A fixed term staff member appointed to a position funded by contingent funding for a period of 12 months or more, and who is to be appointed to their second consecutive contract, shall be employed on a continuing (contingent funded) contract of employment in accordance with this provision.
23. "Contingent funding" is limited term funding provided from external sources, but not funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.
24. The process and conditions for conversion of fixed term staff on contingent funding are contained in the procedure Continuing (Contingent Funded) Employment.

25. ‘Fixed term employment' means employment for a specified term where the employment contract specifies the start and finish dates of that employment. Where a fixed term appointment is made for a specific task or project, the contract may, in lieu of a finishing date, specify the circumstance(s) that results in employment ceasing.
26. The use of fixed-term employment is limited to the employment of a staff member engaged on work activity that comes within the description of one or more of the following circumstances:

(a) specific task or project where a definable work activity has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it also includes a period of employment provided for from identifiable funding external to the University, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

(b) research work by a staff member engaged on research intensive functions for:

• i. a general staff contract period not less than 3 months and normally not more than 3 years except where funding is directly attached to external grants secured for up to 6 years; and
• ii. an academic staff contract period not exceeding 5 years.

(c) new organisational arrangement where a general staff member is employed for up to 12 months until the practicality of permanently filling the position is known dependent on the continuing operation of the area.

(d) Employment schemes as specified below in this procedure

(e) Research Academic Staff Career Employment as specified below in this procedure.

27. A fixed term staff member will be offered further work if available in the relevant position except if employed under an employment scheme, provided that:

• there is funding security for the position;
• the staff member has satisfactory performance; and
• the staff member was initially employed after a normal competitive selection process for the relevant type of position.

28. A staff member with more than 12 months' continuous service may apply for conversion to a continuing appointment not less than 3 months prior to the fixed term contract expiring subject to:

• the staff member has satisfactory performance;
• further work is available in the relevant position;
• there is funding security for the position;
• the staff member was initially employed after a normal competitive selection process for the relevant type of position; and
• the field of applicants attracted when the position was initially advertised.

29. The University may refuse to grant the application, but will not unreasonably do so.
30. The above does not prevent the Director - Human Resources making an offer of further employment at his or her discretion. Where this further employment is fixed term, this does not prevent the staff member being considered eligible for conversion or for severance payments.
31. Where a general staff member has been employed under clause 25(b)(i) above, the appointment can be extended only once for a period not exceeding 12 months except where the continuation of identifiable external funding is subject to milestone reviews. Except for extensions due to milestone reviews, where the duties of the fixed term position continue unchanged or substantially unchanged, any further appointment to the position will be a continuing appointment.

32. The University acknowledges the contribution that casual general staff and sessional academic staff make to the success of the University.
33. A casual appointment is one where the employee is not appointed on an ongoing basis and is normally required to work an irregular pattern of hours on an intermittent or irregular basis.
34. An essential feature of casual appointments is that there is no expectation of continuity of employment and the appointment may be terminated in accordance with the general notice period provision of the ANU Enterprise Agreement.
35. The conditions for casual and sessional staff are contained in the procedures:

• Sessional Academic Staff Conditions; or
• Casual General Staff Conditions.

36. The University may employ a staff member on one of the following fixed term employment schemes, which do not attract severance payments:

‘Replacement Employee Scheme' is a scheme which allows for employment of a staff member to undertake the work of another staff member absent on leave or temporary transfer, or perform the duties of a vacant position where recruitment action has commenced, or perform the duties of a position where the substantive occupant is performing higher duties in a vacant position for which recruitment action has commenced.

‘Professional Practice Scheme' is a scheme where a curriculum in professional or vocational education requires that work be undertaken by a person who has practical or commercial experience. Employment periods on this scheme will not total more than 2 years.

‘Career Entry Development Scheme' means employment of new staff members who may or may not have completed Year 12, or tertiary studies, and the University considers it appropriate to enter into arrangements concerning their studies while they earn a salary and develop on-the-job skills.

‘Student Internships Scheme' is a scheme to provide career development opportunities for university students. Employment will be offered on a general staff fixed term basis within the ANU Officer 3 salary level.

‘Student Employment Scheme' is a scheme where a student is employed to perform work generally related to their course, for the period of their course, including any short period thereafter.

‘Apprenticeship Scheme' is a scheme where a person is employed as an apprentice for a time to complete disciplines to obtain recognition in their chosen trade/vocation.

‘Trainee Technical Officer Scheme' is a scheme where a staff member is employed for a specified period to complete a prescribed course of study. The traineeship may be extended by agreement between the University and the trainee due to illness or where there is the need for additional time to complete the relevant course/s.

‘Trainee Scheme' is a scheme where a staff member is employed for a fixed term to complete an approved training course or training program. A trainee will be employed subject to an agreement made between the University and the trainee and registered with the relevant State or Territory Training Authority.

‘Pre-Retirement Scheme' is where a staff member declares his or her intention to retire, and enters into a contract with a cessation date on or around their stated retirement date.

‘Rehabilitation Scheme' is a scheme to assist in rehabilitation of fixed term staff members who have suffered a work related injury.

Research Academic Staff Career Employment

37. Research Academic Staff Career Employment (RASCE) means academic employment at Levels A, B, or C, predominantly for research and subject to the following:

• the employment of academic staff under RASCE will be for an initial period of 7 years, with the option of renewal or conversion at the end of the initial employment agreement if the criteria set out below are met.
• during the first year of employment, the academic staff member will be engaged almost entirely on research activities (other than teaching on an occasional basis). For the remaining 6 years, the contact teaching load will not exceed an average of 40% of that which would apply to a comparable continuing teaching-and-research position for the same classification, academic area and fraction.

38. Six months prior to the end of the 7-year period of employment, the University will decide either to:

• terminate the employment (in which case the staff member will receive a severance payment applicable to fixed term staff); or
• convert the employment to a continuing or continuing (contingent funded) appointment; or
• to engage the staff member for a further 7-year appointment under the same terms as the initial employment;
• where relevant provide notice of termination for the employment to end at a later date than the end of the initial 7-year period, to complete a research project on which the staff member is currently employed.

39. In making this decision, the University will have regard to the security of funding of the relevant academic area or activities in relation to the mix of continuing, RASCE and fixed term employment, the performance of the staff member, as well as other relevant factors. The University will not unreasonably refuse a request for conversion to continuing employment or for a further 7-year period, to which all of the above conditions apply. A staff member will not be engaged on more than two such fixed term periods of employment.
40. A staff member on a RASCE will have the same conditions of employment as a staff member with continuing employment, except for termination on the grounds for redundancy or unless otherwise specified above.

October 2009- New Clause 15 added

March 2009- Previously in two policies (Modes of employment and Employment conditions and agreements), changed to procedure and modified for new EBA.