RMIT University Academic and Professional Staff Enterprise Agreement 2014


14. Special conditions of employment for ‘performance based contract employees’

14.1

A “performance based contract employee” (PBCE) is an employee defined as follows:

(a) An Academic Employee, engaged in a position other than Dean / Head of School, and whose contract of employment will provide for a total fixed remuneration excluding salary leave loading not less than $198,996 per annum, or such greater threshold amount as provided in sub clause 14.9; or

(b) A Professional Employee whose contract of employment provides a total fixed remuneration excluding salary leave loading of not less than $158,939 per annum, or such greater threshold amount as provided in sub clause 14.9.

14.2

For the purposes of this clause “total fixed remuneration” means the sum of salary, employer superannuation contributions and salary leave loading together with the cost of other benefits as part of an employee’s remuneration package.

14.3

For the purposes of this clause “salary” for a PBCE is the total fixed remuneration less employer superannuation contributions and salary leave loading. This amount is used for the purposes of calculating termination payments for untaken annual leave, untaken long service leave or other termination entitlements.

14.4

For the purposes of this clause, “superannuable salary” for a PBCE is the notional salary on which superannuation contributions are based.

14.5

Notwithstanding clause 10.2, a fixed term contract made in accordance with Clause 14 are terminable by the University with a payment equivalent to six months salary or the balance of the contract whichever is the lesser.

14.6

PBCE’s are covered by this Agreement. However, the University may determine not to apply the following clauses to a PBCE.

(a) Clause 10.2 (c) Fixed Term Employment;

(b) Clause 42.9 Annual Leave Loading;

(c) Clause 28 Disciplinary Action and Termination of Employment;

(d) Clause 29 Disciplinary Procedures;

(e) Clause 25 Redundancy and Redeployment; and

(f) Clause 53 Probationary Employment.

14.7

The University may engage a PBCE on a fixed term contract of employment that includes a period of probation as agreed between the University and the employee.

14.8

A PBCE engaged on a fixed term contract is entitled to a minimum of four weeks notice of the University’s intention to renew, or not to renew, employment with the employee upon the expiry of the contract.

14.9

The benchmark annual total fixed remuneration, excluding leave loading, of $198,996 and $158,939, for the purposes of defining a performance based contract employee described in clause 14.1 above, will apply from the commencement of this Agreement, and will be increased on the dates and by the percentages specified for the salary movements contained in clause 30.

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