Common use of Fixed Term Contract Employment Clause in Contracts

Fixed Term Contract Employment. 2.6.1 Subject to this clause Employees may be employed on contracts having fixed terms. 2.6.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 Notwithstanding sub-clause 2.6.2, the Employer will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion to permanent appointment in agreed circumstances. 2.6.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: a) internal Surplus employees are considered first; b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 In exercising its employing authority, the Employer may only employ a person as a fixed term contract Employee in the following circumstances: a) covering one-off periods of relief; b) work on a project with a finite life; i. where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; ii. where external funding has been consistent on an historical basis and it can be reasonably expected to continue, the Employer shall assess the percentage of positions for which permanent appointment can be made; c) work that is seasonal in nature; d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or e) in any other situation as agreed between the parties to this Agreement. 2.6.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 and the dates of commencement and termination of the contract of employment. 2.6.7 The Employer will provide the Union the names and work locations of all Employees on fixed term contracts within 28 days of a request being made in writing.

Fixed Term Contract Employment. 2.6.1 2.5.1 Subject to this clause Employees may be employed on contracts having fixed terms. 2.6.2 2.5.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 2.5.3 Notwithstanding sub-clause 2.6.22.5.2, the Employer will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under a process referred to permanent appointment in agreed circumstancesat sub-clause 2.5.8. 2.6.4 2.5.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: a) internal Surplus employees are considered first; b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 2.5.5 In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee in the following circumstances: a) covering one-off periods of relief; b) work on a project with a finite life; i. where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; ii. where external funding has been consistent on an historical basis and it can be reasonably expected to continue, the Employer shall assess the percentage of positions for which permanent appointment can be made; c) work that is seasonal in nature; d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or e) in any other situation as agreed agree between the parties to this Agreement. 2.6.6 2.5.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 2.5.5 and the dates of commencement and termination of the contract of employment. 2.6.7 2.5.7 The Employer will provide the Union the names and work locations of all Employees on fixed term contracts within 28 days of a request being made in writing. 2.5.8 The parties acknowledge that Commissioner’s Instruction No. 23 – Conversion and appointment of fixed term contract and casual employees to permanency (CI 23) was a corrective measure to enable the conversion of some fixed term contract and casual employees to permanent employment in agreed circumstances. CI 23 will continue to apply to fixed term and casual employees employed or engaged on 10 August 2018. CI 23 is subject to review according to its terms.

Fixed Term Contract Employment. 2.6.1 2.7.1 Subject to this clause Employees and in accordance with clause 2.3 – Commencement of Employment, employees may be employed on contracts having fixed terms. 2.6.2 2.7.2 Before employing a person as a fixed term contract Employee employee or providing a new or extended fixed term contract to an Employeeemployee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 2.7.3 Notwithstanding sub-clause 2.6.2, 2.7.2 the Employer will have discretion to renew an existing fixed term contract if the Employee employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion to permanent appointment in agreed circumstancesunder the relevant Public Sector Commissioner’s Instruction process. 2.6.4 2.7.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: a) internal Surplus employees are considered first; b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 2.7.5 In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee employee in the following circumstances: a) covering one-off periods of relief; b) work on a project with a finite life; i. c) where a project is substantially externally funded including multiple external funding sourcesfunding, the Employer must present a business case supporting the use of fixed term contract Employees employees in such positions to the JCCUnion; ii. d) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall assess the percentage of positions for which permanent appointment can be made; ce) work that is seasonal in nature; df) where an Employee employee with specific skills is not readily available in the Public Sector is required for a finite period; or eg) in any other situation as is agreed between the parties to this Agreement. 2.6.6 2.7.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under sub clause 2.6.5 2.7.5 and such advice shall specify the dates of commencement and termination of the contract of employment. 2.6.7 2.7.7 The Employer will provide the Union the names and work locations of all Employees employees on fixed term contracts within 28 days of a request being made in writing.

Fixed Term Contract Employment. 2.6.1 Subject to this clause Employees ‌ 19.1 The Employer may be employed employ employees on contracts having a fixed termsterm contract in accordance with Clause 14 – Contract of Service of the Agreement. 2.6.2 19.2 Before employing a person as a fixed term contract Employee employee, or providing a new or extended fixed term contract to an Employeeemployee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 19.3 Notwithstanding sub-clause 2.6.2, subclause 19.2 the Employer will have discretion to renew an existing fixed term contract if the Employee employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under the process referred to permanent appointment in agreed circumstancesat subclauses 19.9 – 19.14. 2.6.4 19.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall will apply for access to the role or dutiesa Dental Officer role: (a) internal Surplus employees are will be considered first; (b) if there are no suitable internal Surplus employees are suitableemployees, Registered employees from other employing authorities are will be considered; and (c) if there are no suitable Registered employees are suitableemployees, Registrable employees from other employing authorities are will be considered. 2.6.5 In exercising its employing authority, the 19.5 The Employer may only employ a person as a fixed term contract Employee employee in the following circumstances: (a) covering Covering one-off periods of relief; (b) work Work on a project with a finite life; i. (i) where a project is substantially externally funded including multiple external funding sourcesfunding, the Employer must present a business case supporting the use of fixed term contract Employees employees in such positions to the JCCJoint Consultative Committee; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall will assess the percentage of positions for which permanent appointment can be made; (c) work Work that is seasonal in nature; (d) where Where an Employee employee with specific skills is which are not readily available in the Public Sector is required for a finite period; or (e) in In any other situation as is agreed between the parties to this Agreement. 2.6.6 19.6 Employees appointed for a fixed term shall will be advised in writing of the terms of the appointment, including the circumstances of for the appointment as provided under clause 2.6.5 for at subclause 19.5, and such advice will specify the dates of commencement and termination of the contract of employment. 2.6.7 19.7 The Employer will provide the Union with the names and work locations location and business email addresses of all Employees employees on fixed term contracts within 28 days of a request being made in writing. 19.8 The Government commits to completing, within the life of the Public Sector CSA Agreement 2021, a review of employment practices in the Public Sector as governed by Commissioner’s Instruction No.2 – Filling a Public Sector Vacancy (CI 2). The CI 2 review will examine, among other things, the question of long term acting in vacant roles within the Public Sector, secondments, appointment pools, suitability lists, and other recruitment practices. The review will be carried out in consultation with stakeholders, including the Union and other Public Sector unions.

Fixed Term Contract Employment. 2.6.1 Subject to this clause Employees ‌ 19.1 The Employer may be employed employ employees on contracts having a fixed termsterm contract in accordance with Clause 14 – Contract of Service of the Agreement. 2.6.2 19.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employeeemployee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties requiredduties. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 19.3 Notwithstanding sub-clause 2.6.2, subclause 19.2 the Employer will have discretion to renew an existing fixed term contract if the Employee employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under a process referred to permanent appointment in agreed circumstancesat subclause 19.8. 2.6.4 19.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall will apply for access to the role or dutiesa Dental Officer role: (a) internal Surplus employees are will be considered first; (b) if there are no suitable internal Surplus employees are suitableemployees, Registered employees from other employing authorities are will be considered; and (c) if there are no suitable Registered employees are suitableemployees, Registrable employees from other employing authorities are will be considered. 2.6.5 In exercising its employing authority, the 19.5 The Employer may only employ a person as a fixed term contract Employee employee in the following circumstances: (a) covering Covering one-off periods of relief; (b) work Work on a project with a finite life; i. (i) where a project is substantially externally funded including multiple external funding sourcesfunding, the Employer must present a business case supporting the use of fixed term contract Employees employees in such positions to the JCCJoint Consultative Committee; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall will assess the percentage of positions for which permanent appointment can be made; (c) work Work that is seasonal in nature; (d) where Where an Employee employee with specific skills is which are not readily available in the Public Sector is required for a finite period; or (e) in In any other situation as is agreed between the parties to this Agreement. 2.6.6 19.6 Employees appointed for a fixed term shall will be advised in writing of the terms of the appointment, including the circumstances of for the appointment as provided under clause 2.6.5 for at subclause 19.5, and such advice will specify the dates of commencement and termination of the contract of employment. 2.6.7 19.7 The Employer will provide the Union with the names and work locations location of all Employees employees on fixed term contracts within 28 days of a request being made in writing. 19.8 The parties acknowledge matters relating to the development of criteria for fixed term contract conversion are subject to further consultation and consideration by Government. 19.9 The criteria for fixed term contract conversion will be based on the following principles: (a) the parties recognise that the usual and preferred basis for engagement is permanent appointment; and (b) to ensure that non-ongoing employment arrangements are genuine the Employer will review the employment status of fixed term and casual Employees who are continuously employed for more than two years against determined criteria in accordance with subclause 19.8. 19.10 The parties acknowledge that Commissioner’s Instruction No. 23 – Conversion and appointment of fixed term contract and casual employees to permanency (CI 23) was a corrective measure to enable the conversion of some fixed term contract and casual employees to permanent employment in agreed circumstances. CI 23 will continue to apply to fixed term and casual employees employed or engaged on 10 August 2018. CI 23 is subject to review according to its terms. 19.11 The Government commits to identifying, within 12 months of the registration of this Agreement, and in consultation with the Union and other Public Sector unions, an ongoing mechanism to facilitate the review of fixed term contract and casual employees for conversion to permanent employment. Findings of the CI 23 review will inform this broader review. 19.12 The Government commits to a review of employment practices in the Public Sector as governed by Commissioner’s Instruction No. 2 – Filling a Public Sector Vacancy (CI 2). The CI 2 review will examine, among other things, the question of long term acting in vacant roles within the Public Sector, secondments, appointment pools, suitability lists and other recruitment practices. The review will be carried out in consultation with stakeholders, including the Union and other Public Sector unions.

Fixed Term Contract Employment. 2.6.1 16.1 Subject to this clause and in accordance with clause 8 – Contract of Service of the Award, Employees may can be employed on contracts having fixed terms. 2.6.2 16.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees Employees can undertake the role or duties required. If a permanent Surplus employee Employee can undertake the role or duties, they will be are offered the employment. 2.6.3 16.3 Notwithstanding sub-clause 2.6.216.2, the Employer will have has discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion to permanent appointment under a process in agreed circumstancesclause 16.8. 2.6.4 16.4 Where more than one appropriate permanent Surplus employee Employee exists, the following hierarchy shall apply applies for access to the role or duties: (a) internal Surplus employees Employees are considered first; (b) if no internal Surplus employees Employees are suitable, Registered employees Employees from other employing authorities are considered; and (c) if no Registered employees Employees are suitable, Registrable employees Employees from other employing authorities are considered. 2.6.5 16.5 In exercising its their employing authority, the Employer may can only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life;: i. (i) where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall must assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or (e) in any other situation as agreed between the parties to this Agreement. 2.6.6 16.6 Employees appointed for a fixed term shall must be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 16.5 and the dates of commencement and termination of the contract of employment. 2.6.7 16.7 The Employer will must provide the Union the names and work locations and business email addresses of all Employees on fixed term contracts contract Employees within two months of registration of this Agreement and subsequently, within 28 days of a request being made in writing.. Conversion to Permanency for Fixed Term Employees 16.8 For the purposes of this clause: (a) an ‘eligible fixed term Employee’ is a fixed term Employee who: (i) has completed two or more years of service: (aa) in the same or a similar role;

Fixed Term Contract Employment. 2.6.1 Subject to 17.1 The provisions of this clause Employees may be employed on contracts having fixed termsreplace the relevant provisions of clause 2.2 – Contract of Service of the Award. 2.6.2 17.2 An employer may employ employees for a fixed term. 17.3 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 17.4 Notwithstanding sub-clause 2.6.2, 17.3 the Employer employing authority will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under a process referred to permanent appointment in agreed circumstancesat clauses 17.9 to 17.15. 2.6.4 17.5 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: (a) internal Surplus employees are considered first; (b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and (c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 17.6 In exercising its employing authority, authority the Employer may only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of reliefrelief to maintain the efficiency of the Department’s youth custodial service, and to cover one-off duties such as escorts of contractors within the facility; (b) work on a project with a finite life, such as the performance of escort/security for building projects; i. where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; ii. where external funding has been consistent on an historical basis and it can be reasonably expected to continue, the Employer shall assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or (e) in any other situation as is agreed between the parties to this Agreement. 2.6.6 17.7 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 17.6 and the dates of commencement and termination of the contract of employment. 2.6.7 17.8 The Employer will provide the Union the names and work locations and business email addresses of all Employees on fixed term contracts contract employees within two months of registration of this Agreement and subsequently, within 28 days of a request being made in writing.. Conversion to Permanency for Fixed Term Employees 17.9 For the purposes of this clause: (a) an ‘eligible fixed term Employee’ is a fixed term Employee: (i) who has completed two or more years of service: (aa) in the same or a similar role;

Fixed Term Contract Employment. 2.6.1 11.4.1 Subject to this clause and in accordance with clause 11 – Types of Employment of this Agreement, Employees may be employed on contracts having fixed terms. 2.6.2 11.4.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 11.4.3 Notwithstanding sub-clause 2.6.211.4.2, the Employer will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under a process referred to permanent appointment in agreed circumstancesat clause 11.4.8. 2.6.4 11.4.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: (a) internal Surplus employees are considered first; (b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and (c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 11.4.5 In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life; i. (i) where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, the Employer shall assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or (e) in any other situation as agreed between the parties to this Agreement. 2.6.6 11.4.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 11.4.5 and the dates of commencement and termination of the contract of employment. 2.6.7 11.4.7 The Employer will provide the Union the names and work locations and business email addresses of all Employees on fixed term contracts contract employees within two months of registration of this Agreement and subsequently, within 28 days of a request being made in writing.

Fixed Term Contract Employment. 2.6.1 2.7.1. Subject to this clause Employees employees may be employed on contracts having fixed terms. 2.6.2 2.7.2. Before employing a person as a fixed term contract Employee employee or providing a new or extended fixed term contract to an Employeeemployee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 2.7.3. Notwithstanding sub-clause 2.6.2, subclause 2.7.2 the Employer employing authority will have discretion to renew an existing fixed term contract if the Employee employee has been in the same or similar role for more than two (2) years and the arrangements are being reviewed for possible conversion under a process referred to permanent appointment in agreed circumstancesat subclause 2.7.8. 2.6.4 2.7.4. Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: a) : internal Surplus employees are considered first; b) ; if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and c) and if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 2.7.5. In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee employee in the following circumstances: a) : covering one-off periods of relief; b) ; to temporarily fill a vacancy during a recruitment process; for periods of traineeships and cadetships; if the person is in Australia on a visa with a fixed duration; work on a project with a finite life; i. i) where a project is substantially externally funded including multiple external funding sourcesfunding, the Employer must present a business case supporting the use of fixed term contract Employees employees in such positions to the JCCUnions; ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall assess the percentage of positions for which permanent appointment can be made; c) ; work that is seasonal in nature; d) nature or subject to demand-driven fluctuation; where an Employee employee with specific skills is not readily available in the Public Sector is required for a finite period; or e) or in any other situation as is agreed between the parties to this Agreement. 2.6.6 2.7.6. Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 2.7.5 and such advice shall specify the dates of commencement and termination of the contract of employment. 2.6.7 2.7.7. The Employer will provide the Union Unions the names and work locations of all Employees employees on fixed term contracts within 28 twenty-eight (28) days of a request being made in writing. 2.7.8. For the purposes of this clause: An ‘eligible fixed term employee’ is a fixed term employee: i) who has completed two or more years of service in the same or a similar role under one or more fixed term contracts with the Employer without a break in service; ii) has a documented record of satisfactory performance in their role; and iii) who is engaged at a classification and remuneration level below General Division Level 9.1 as identified in the Public Sector CSA Agreement 2019 or its replacements. A break in service is between contracts of more than two weeks, attributable to fluctuating demand or business need, or taken at the request of the employee. Any period between contracts for which payment in lieu of leave has been made by the Employer does not count towards calculating the two-week period. If a question arises in a dispute under this Agreement as to whether a break between contracts constitutes a break in service, it is the responsibility of the Employer to demonstrate the break was attributable to fluctuating demand or business need, or in response to the employee’s request, and was not imposed to avoid an obligation to review or permanently appoint an employee. 2.7.9. The Employer must review the contract and the circumstances of the work being performed by the employee at the time of the review to determine whether the fixed term employment meets a circumstance listed in subclause 2.7.5. 2.7.10. The review at 2.7.9 must take place, no later than three months after: a) the date on which an employee became an eligible fixed term employee; b) for an employee who is an eligible fixed term employee on the date of registration of this Agreement – that date; and c) for an employee who continues to be employed on a fixed term contract in the same or a similar role without a break in service – each second anniversary of the date referred to in paragraph (a) or (b). 2.7.11. If, after carrying out a review referred to in subclause 2.7.9, the Employer determines the fixed term employment does not meet a circumstance listed in subclause 2.7.5, the Employer must appoint the employee permanently to the same position at their current FTE. 2.7.12. The requirement at 2.7.11 does not apply if the PTA’s CEO (or CEO’s delegate) certifies in writing that the role performed by the fixed term employee can no longer be funded from within the PTA’s approved salary expense limits. 2.7.13. If, after carrying out a review referred to in subclause 2.7.9, the PTA determines the fixed term contract meets a circumstance listed in subclause 2.7.5, the PTA must give the employee in writing no later than two weeks after the date of completing the review:

Fixed Term Contract Employment. 2.6.1 18.1 Subject to this clause and in accordance with clause 8 – Contract of Service of the Applicable Award, Employees may can be employed on contracts having fixed terms. 2.6.2 18.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be are offered the employment. 2.6.3 18.3 Notwithstanding sub-clause 2.6.218.2, the Employer will have has discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years 12 months and the arrangements are being reviewed for possible conversion to permanent appointment under a process in agreed circumstancesclause 18.8. 2.6.4 18.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply applies for access to the role or duties: (a) internal Surplus employees are considered first; (b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and (c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 18.5 In exercising its their employing authority, the Employer may Employers can only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life; i. (i) where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, the Employer shall must assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is skills, not readily available in the Public Sector Sector, is required for a finite period; or (e) in any other situation as agreed between the parties to this Agreement. 2.6.6 18.6 Employees appointed for a fixed term shall must be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 18.5 and the dates of commencement and termination of the contract of employment. 2.6.7 18.7 The Employer will must provide the Union the names and work locations and business email addresses of all Employees on fixed term contracts contract Employees within two months of registration of this Agreement and subsequently, within 28 days of a request being made in writing.. Conversion to Permanency for Fixed Term Employees 18.8 For the purposes of this clause: (a) an ‘eligible fixed term Employee’ is a fixed term Employee: (i) who has completed 12 or more months of service:

Fixed Term Contract Employment. 2.6.1 Subject to this clause ‌ 19.1 The Employer may employ Employees may be employed on contracts having a fixed termsterm contract in accordance with “Clause 14 – Contract of Service” of the Agreement. 2.6.2 19.2 Before employing a person as a fixed term contract Employee Employee, or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees Employees can undertake the role or duties required. If a permanent Surplus employee Employee can undertake the role or duties, they will be offered the employment. 2.6.3 19.3 Notwithstanding sub-clause 2.6.2, subclause 19.2 the Employer will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two (2) years and the arrangements are being reviewed for possible conversion to permanent appointment in agreed circumstancesunder the process provided for at subclauses 19.9-19.14. 2.6.4 19.4 Where more than one (1) appropriate permanent Surplus employee Employee exists, the following hierarchy shall will apply for access to the role or dutiesa Dental Technician role: (a) internal Surplus employees are Employees will be considered first; (b) if there are no suitable internal Surplus employees are suitableEmployees, Registered employees Employees from other employing authorities are will be considered; and (c) if there are no suitable Registered employees are suitableEmployees, Registrable employees Employees from other employing authorities are will be considered. 2.6.5 19.5 In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life;: i. (i) where a project is substantially externally funded including multiple external funding sourcesfunding, the Employer must present a business case supporting the use of fixed term contract Employees in such positions position to the JCCJoint Consultative Committee; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall will assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is which are not readily available in the Public Sector is required for a finite period; or (e) in any other situation as is agreed between the parties to this Agreement. 2.6.6 19.6 Employees appointed for a fixed term shall will be advised in writing of the terms of the appointment, including the circumstances of for the appointment as provided under clause 2.6.5 for at subclause 19.5 and such advice will specify the dates of commencement and termination of the contract of employment. 2.6.7 19.7 The Employer will provide the Union the names and work locations location of all Employees on fixed term contracts within 28 days of a request being made in writing. 19.8 The Government commits to a review of employment practices in the Public Sector as governed by Commissioner’s Instruction No. 2 – Filling a Public Sector Vacancy (CI 2). The CI 2 review will examine, among other things, the question of long term acting in vacant roles within the Public Sector, secondments, appointment pools, suitability lists and other recruitment practices. The review will be carried out in consultation with stakeholders, including the Union and other Public Sector unions.

Fixed Term Contract Employment. 2.6.1 2.6.1. Subject to this clause Employees employees may be employed on contracts having fixed terms. 2.6.2 2.6.2. Before employing a person as a fixed term contract Employee employee or providing a new or extended fixed term contract to an Employeeemployee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 2.6.3. Notwithstanding sub-clause 2.6.2, 2.6.2 the Employer will have discretion to renew an existing fixed term contract if the Employee employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under a process referred to permanent appointment in agreed circumstancesat sub-clause 2.6.8. 2.6.4 2.6.4. Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: a) internal Surplus employees are considered first; b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 2.6.5. In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee employee in the following circumstances: a) covering one-off periods of relief; b) work on a project with a finite life; i. i) where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees employees in such positions to the JCCUnion; ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall assess the percentage of positions for which permanent appointment can be made; c) work that is seasonal in nature; d) where an Employee employee with specific skills is not readily available in the Public Sector is required for a finite period; or e) in any other situation as is agreed between the parties to this Agreement. 2.6.6 2.6.6. Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 and the dates of commencement and termination of the contract of employment. 2.6.7 2.6.7. The Employer will provide the Union the names and work locations of all Employees employees on fixed term contracts within 28 days of a request being made in writing. 2.6.8. The parties acknowledge that Commissioner’s Instruction No. 23 – Conversion and appointment of fixed term contract and casual employees to permanency (CI 23) was a corrective measure to enable the conversion of some fixed term contract and casual employees to permanent employment in agreed circumstances. CI 23 will continue to apply to fixed term and casual employees employed or engaged on 10 August 2018. CI 23 is subject to review according to its terms.

Fixed Term Contract Employment. 2.6.1 Subject to this clause and in accordance with clause 2.3 – Contract of Employment, Employees may be employed on contracts having fixed terms. 2.6.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 Notwithstanding sub-sub clause 2.6.2, 2.6.2 the Employer will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under the process referred to permanent appointment in agreed circumstancesat sub clause 2.6.9. 2.6.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: (a) internal Surplus employees are considered first; (b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and (c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 In exercising its employing authority, the Employer may only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life; i. (i) where a project is substantially externally funded including multiple external funding sourcesfunding, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCCUnion; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or (e) in any other situation as is agreed between the parties Parties to this Agreement. 2.6.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under sub clause 2.6.5 and such advice shall specify the dates of commencement and termination of the contract of employment. 2.6.7 The Employer will provide the Union the names and work locations of all Employees employees on fixed term contracts within 28 days of a request being made in writing.

Fixed Term Contract Employment. 2.6.1 18.1 Subject to this clause and in accordance with clause 8 – Contract of Service of the Applicable Award, Employees may can be employed on contracts having fixed terms. 2.6.2 18.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be are offered the employment. 2.6.3 18.3 Notwithstanding sub-clause 2.6.218.2, the Employer will have has discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion to permanent appointment under a process in agreed circumstancesclause 18.8. 2.6.4 18.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply applies for access to the role or duties: (a) internal Surplus employees are considered first; (b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and (c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 18.5 In exercising its their employing authority, the Employer may Employers can only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life; i. (i) where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, the Employer shall must assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or (e) in any other situation as agreed between the parties to this Agreement. 2.6.6 18.6 Employees appointed for a fixed term shall must be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 18.5 and the dates of commencement and termination of the contract of employment. 2.6.7 18.7 The Employer will must provide the Union the names and work locations and business email addresses of all Employees on fixed term contracts contract employees within two months of registration of this Agreement and subsequently, within 28 days of a request being made in writing.. Conversion to Permanency for Fixed Term Employees 18.8 For the purposes of this clause: (a) an ‘eligible fixed term Employee’ is a fixed term Employee: (i) who has completed two or more years of service: (aa) in the same or a similar role;

Fixed Term Contract Employment. 2.6.1 18.1 Subject to this clause and in accordance with clause 8 – Contract of Service of the Applicable Award, Employees may be employed on contracts having fixed terms. 2.6.2 18.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 18.3 Notwithstanding sub-clause 2.6.218.2, the Employer will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under a process referred to permanent appointment in agreed circumstancesat clause 18.8. 2.6.4 18.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: (a) internal Surplus employees are considered first; (b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and (c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 18.5 In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life; i. (i) where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, the Employer shall assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or (e) in any other situation as agreed between the parties to this Agreement. 2.6.6 18.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 18.5 and the dates of commencement and termination of the contract of employment. 2.6.7 18.7 The Employer will provide the Union the names and work locations and business email addresses of all Employees on fixed term contracts contract employees within two months of registration of this Agreement and subsequently, within 28 days of a request being made in writing.. Conversion to Permanency for Fixed Term Employees 18.8 For the purposes of this clause: (a) an ‘eligible fixed term Employee’ is a fixed term Employee: (i) who has completed two or more years of service: (aa) in the same or a similar role;

Fixed Term Contract Employment. 2.6.1 2.5.1 Subject to this clause subclause 2.5.5 Employees may be employed on contracts having a fixed termsterm contract which may have a renewal clause that can be agreed between the Employer and Employee. 2.6.2 2.5.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 2.5.3 Notwithstanding sub-clause 2.6.2, 2.5.2 the Employer employing authority will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion to permanent appointment in agreed circumstancesunder the relevant Public Sector Commissioner’s Instruction process. 2.6.4 2.5.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: a) internal Surplus employees are considered first; b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 2.5.5 In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee in the following circumstances: a) covering one-off periods of relief; b) work on a project with a finite life; i. i) where a project is substantially externally funded including multiple external funding sourcesfunding, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCCJoint Consultative Committee; ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall assess the percentage of positions for which permanent appointment can be made; c) work that is seasonal in nature; d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or e) in any other situation as is agreed between the parties to this General Agreement. 2.6.6 2.5.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 2.5.5 and such advice shall specify the dates of commencement and termination of the contract of employment. 2.6.7 2.5.7 The Employer will provide the Union the names and work locations of all Employees on fixed term contracts within 28 days of a request being made in writing.

Fixed Term Contract Employment. 2.6.1 18.1 Subject to this clause and in accordance with clause 8 – Contract of Service of the Applicable Award, Employees may be employed on contracts having fixed terms. 2.6.2 18.2 Before employing a person as a fixed term contract Employee or providing a new or extended fixed term contract to an Employee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 18.3 Notwithstanding sub-clause 2.6.218.2, the Employer will have discretion to renew an existing fixed term contract if the Employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion under a process referred to permanent appointment in agreed circumstancesat clause 18.8. 2.6.4 18.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: (a) internal Surplus employees are considered first; (b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and (c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 18.5 In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life; i. (i) where a project is substantially externally funded including multiple external funding sources, the Employer must present a business case supporting the use of fixed term contract Employees in such positions to the JCC; (ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, the Employer shall assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee with specific skills is not readily available in the Public Sector is required for a finite period; or (e) in any other situation as agreed between the parties to this Agreement. 2.6.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under clause 2.6.5 and the dates of commencement and termination of the contract of employment. 2.6.7 The Employer will provide the Union the names and work locations of all Employees on fixed term contracts within 28 days of a request being made in writing.

Fixed Term Contract Employment. 2.6.1 2.3.1 Subject to this clause Employees and in accordance with clause 2.2 – Contract of Employment, employees may be employed on contracts having fixed terms. 2.6.2 2.3.2 Before employing a person as a fixed term contract Employee employee or providing a new or extended fixed term contract to an Employeeemployee, the Employer must first consider whether any permanent Surplus employees can undertake the role or duties required. If a permanent Surplus employee can undertake the role or duties, they will be offered the employment. 2.6.3 2.3.3 Notwithstanding sub-clause 2.6.2, 2.3.2 the Employer will have discretion to renew an existing fixed term contract if the Employee employee has been in the same or similar role for more than two years and the arrangements are being reviewed for possible conversion to permanent appointment in agreed circumstancesunder the relevant Public Sector Commissioner’s Instruction process. 2.6.4 2.3.4 Where more than one appropriate permanent Surplus employee exists, the following hierarchy shall apply for access to the role or duties: (a) internal Surplus employees are considered first; (b) if no internal Surplus employees are suitable, Registered employees from other employing authorities are considered; and (c) if no Registered employees are suitable, Registrable employees from other employing authorities are considered. 2.6.5 2.3.5 In exercising its their employing authority, the Employer Employers may only employ a person as a fixed term contract Employee employee in the following circumstances: (a) covering one-off periods of relief; (b) work on a project with a finite life; i. i) where a project is substantially externally funded including multiple external funding sourcesfunding, the Employer must present a business case supporting the use of fixed term contract Employees employees in such positions to the JCCUnion; ii. ) where external funding has been consistent on an historical basis and it can be reasonably expected to continue, continue the Employer shall assess the percentage of positions for which permanent appointment can be made; (c) work that is seasonal in nature; (d) where an Employee employee with specific skills is not readily available in the Public Sector is required for a finite period; or (e) in any other situation as is agreed between the parties to this Agreement. 2.6.6 2.3.6 Employees appointed for a fixed term shall be advised in writing of the terms of the appointment, including the circumstances of the appointment as provided under sub clause 2.6.5 2.3.5 and such advice shall specify the dates of commencement and termination of the contract of employment. 2.6.7 2.3.7 The Employer will provide the Union the names and work locations of all Employees employees on fixed term contracts within 28 days of a request being made in writing.