Recruitment (Temporary Engagement) Policy

1. Purpose

To ensure that persons engaged for temporary employment by CIT meet strategic and operational business needs and human resource requirements.

2. Scope

This policy applies to the engagement of temporary employees and incorporates the principles set out in the Fair Work Act 2009 (the FW Act), the Public Sector Management Act 1994 (the PSM Act) and the Public Sector Management Standards (the Standards). For educators the ACT Public Sector Canberra Institute of Technology (Educator’s) Enterprise Agreement 2023-2026 (Clause M2) also applies.

This policy applies to all CIT managers with delegations under the Public Sector Management Act 1994, with respect to the employment of temporary staff.

3. Principles

3.1 Temporary employees are employed only when a vacancy arises which is expected to be filled over a specified period or for a specific non-ongoing task or project.

• 3.1.1 Where ongoing work is expected, permanent employment should be considered.

3.2 Temporary employees may be employed under the PSM Act for:

• 3.2.1 Short-term employment – not more than 12 months; or
• 3.2.2 Long-term employment – between 1 and 5 years; however, fixed term contracting limitations outlined in the FW Act reduce this to a maximum of 2 years.

3.3 FW Act fixed term contracting limitations include:

• 3.3.1 Time limitation: fixed-term contracts may not be for longer than 2-years (including extensions or renewals).
• 3.3.2 Renewal Limitation: fixed-term contracts may not be extended or renewed more than once.
• 3.3.3 Consecutive contract limitation: new fixed-term contracts may not be provided if:
  • 3.3.3 (a) the employee was previously on a fixed-term contract,
  • 3.3.3 (b) with mainly the same type of work, and
  • 3.3.3 (c) there was no substantial break in the continuity in employment.

3.4 In line with the Standards (section 11) short-term temporary employment for 6-months or longer will be advertised on jobs.act.gov.au and the selection of employees must be:

• 3.4.1 From a field of applicants from the advertisement,
• 3.4.2 A Person listed on a temporary employee register, or
• 3.4.3 A Person recommended by an employment agency.

3.5 Where circumstances change and ongoing engagement of a temporary employee becomes likely, the employee may be converted to permanent by:

• 3.5.1 Undergoing a full selection process and being selected by merit,
• 3.5.2 Being directly appointed in line with the Standards (section 14), or
• 3.5.3 Being considered eligible for conversion through the Secure Work Process.

3.6 Where ongoing engagement of a temporary employee breaches the FW Act limitations (see provision 3.3), the employee’s fixed-term end date will no longer apply, and the employee will become an ongoing-temporary employee. CIT and the employee will be responsible for maintaining the employment relationship as it existed previously, until:

• 3.6.1 The employee is converted to permanent employment under principle 3.5,
• 3.6.2 The employee ceases their employment with CIT, or
• 3.6.3 CIT ceases the employment of the employee in line with the Agreement, in which case the employee’s cessation will incur a redundancy payment in line with section 119 of the Fair Work Act 2009.

4. Documentation

• Fair Work Act 2009
• Public Sector Management Act 1994
• Public Sector Management Standards 2016
• ACT Public Sector Canberra Institute of Technology Enterprise Agreement 2023 – 2026
• ACT Public Sector Canberra Institute of Technology (Educator’s) Enterprise Agreement 2023-2026

5. Definitions

All terminology used in this policy is consistent with definitions in the CIT Definitions of Terms.

6. Policy Contact Officer

For more information about this policy contact humanresources@cit.edu.au.

Contact CIT Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.

7. Procedures

This policy is implemented through the associated procedures. Authority to make changes to the procedures rests with the policy owner.