FWA finds University breached Agreement â€“ Fixed Term appointment should have been continuing
The NTEU went to Fair Work Australia on behalf of a member employed by University of Melbourne on a Fixed Term Contract appointment, even though the work did not fall into any of the allowable categories for Fixed Term employment under our Collective Agreement. Due to a series of mistakes by local management, a policy of not approving continuing appointments, and lack of attention to the process by HR, a 12 month contract was issued which claimed the appointment was to a “new organisational area”, even though it clearly wasn’t.
Instead of acknowledging that the appointment should never have been fixed term, the University fought us all the way, trying several other categories of fixed term employment on for size. None of them fit.
The University was found to have contravened both Clause 17 and Clause 20 of the Agreement, and our member was paid a full 12 months severance payment and had her superannuation for the year she had been employed topped up from 9% to 17%.
If you are employed on a fixed term contract, it is important to check that it has been properly made. If the University has made a similar mistake in your contract, the NTEU may be able to get your employment converted to ongoing. Contact the Branch Office on 8344 6828 or email@example.com if you are not sure, and we will be happy to advise you on a confidential basis.
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