Know Your Rights - Fixed Term Appointments
The processes for appointment, renewal and review of term appointments (officially called specified period appointments and sometimes called term contracts) can be confusing, stressful and frustrating. The CSIRO Staff Association can provide assistance in understanding and negotiating these processes and all staff are welcome to contact the delegate or Association office if you need confidential advice and/or assistance.
The appointment of staff to CSIRO on term appointments can occur where:
• the work has specifically defined objectives related to the period of the term;
• the work is beyond the skills and/or capabilities of existing officers; and,
• after the work has been completed, there will be no ongoing need for the skills and/or additional capacity that is being sought.
Examples of situations where term employment is regarded as appropriate are listed in Clause 1 of Schedule 2 of the CSIRO Enterprise Agreement 2002-2005.
All these three criteria must be met each time a term appointment is made or renewed.
If a term appointment is not going to be renewed or a continuing term appointment is to be made, CSIRO should either provide a notice of separation, or notice that a new term appointment will be made. A new letter of appointment must be issued before each specified period of employment. A written notice should be given in the case of separation. If staff do not receive any notification at least 3 months from the end of their current term, it is recommended that they seek confirmation of separation or continuing employment from their Division. Staff are free to contact the CSIRO Staff Association for advice and assistance at any stage.
Severance Payment
On termination of employment (by completion of term or by CSIRO terminating employment early), all term staff with more than 1 year's service, are entitled to a severance payment of 1 weeks salary for every completed 6 months of service. It is not retrospective and qualifying service starts from 12 June 1998. There can be breaks of service of up to 3 months as long as you are re-employed in the same Division. Staff are not entitled to a severance payment if they resign before the end of their term, or if CSIRO terminates employment due to inefficiency or misconduct.
Redeployment and Outplacement Support
Term staff with at least 4 years of continuous service who were appointed by a competitive recruitment process, have access to redeployment across Divisional boundaries. They may also request outplacement support.
Reviews of Tenure
Under the Enterprise Agreement, CSIRO is required to review the tenure status of long-serving employees on term appointments before they are re-appointed to another term.
These reviews will occur;
• where the employee has had more than 4 years continuous service or where they are being considered for another term which will extend their total period of employment beyond 4 years, and;
• where the employee has had more than 7 years continuous service.
These reviews should be held in the last 3 months of their current term. The reviews are to determine whether further employment is appropriate and whether any further employment will be offered on a term or indefinite basis. Periods of employment are deemed to be continuous notwithstanding breaks in service of up to 3 months (in the same Division/Unit).
Four Year Review
The four year review will be done at Divisional level and is overseen by the Chief.
The assessment must address the following;
1. The officer's skills and knowledge,
2. Reasonable inferences as to the Division's ongoing skill needs taking into account all of the work being undertaken,
3. The availability of suitable ongoing work, and
4. The claims of other similarly qualified term staff.
The employee must be notified in writing of the result of the assessment and the reasons for the decision will be provided in writing if requested. It should be noted that the decision is not subject to review under the Enterprise Agreement or by any other CSIRO review mechanism.
Seven Year Review
The seven year review will be an assessment process managed at the CSIRO Corporate level and the review panel must include a representative nominated by the employee.
The assessment must address the following;
1. The officers skills and knowledge,
2. Reasonable inferences as to the Division's ongoing skill needs, taking into account all of the work being undertaken
3. The availability of suitable ongoing work,
4. The criteria justifying previous term appointments, and
5. Consideration of any previous assessment.
The employee must be notified in writing of the result of the assessment and the reasons for the decision will be provided if requested. If the employee is not satisfied with the decision, an independent review process can be activated under Clause 20 of the Enterprise Agreement.
There is a requirement for indefinite employees to be recruited through a competitive process, as candidates for an externally advertised position. This requirement can be waived if a staff member is being offered indefinite employment following the seven year review and the Division considers there would be no advantage in conducting a competitive selection process.
Staff Association Assistance
All staff are welcome to contact the CSIRO Staff Association if they require further information. As long as you are a member, we can provide advice and assistance during all stages of the review process. You are entitled to be accompanied by a Workplace Delegate or colleague officer or be represented by an Association official at any interview. Expert advice and/or representational assistance can be supplied.
Contacts
Your local Workplace Delegate is your best first contact, if you don't know who that person is – check the Association notice board at your site or call the Association office on 03 8620 6348.
References
1. CSIRO Enterprise Agreement 2002-2005, Schedule 2-Specified Term Appointments
2. CSIRO Personnel Management Manual, Section 1.3.
Authorised by Pauline Gallagher, Secretary, CSIRO Staff Association, August 2004
