Termination of Temporary Employment Policy

1. Purpose

To ensure that the termination of temporary staff, prior to the expiration of the employment contract, meets the Canberra Institute of Technology’s (CIT) legal responsibilities under the Public Sector Management Act 1994 (the PSM Act), the Public Sector Management Standards 2016 and the Fair Work Act 2009 (the FW Act).

This policy does not cover termination for underperformance or misconduct and discipline matters. For these matters refer to the relevant Enterprise Agreement.

2. Scope

This policy applies to temporary employees and excludes casual employees.

This policy must be read in conjunction with consultation requirements set out at clause F1 of the relevant Enterprise Agreement.

3. Principles

3.1 The delegate may, in accordance with section 110 of the PSM Act, terminate the temporary employment of an employee at any time before the contracted end date by providing reasonable written notice.

3.2 Minimum periods of notice are provided at section 117 of the FW Act:

NB. An increase in the period of notice of one week applies to employees over 45 years old who have completed at least 2 years continuous service.

3.3 Temporary employment may be ceased in circumstances such as:

• 3.3.1 Changes in work volume or pattern.
• 3.3.2 Changed financial circumstances.
• 3.3.3 Return of position’s permanent occupant.
• 3.3.4 Placement of an excess or another permanent officer.

3.4 Where ongoing engagement of a temporary employee has not met the FW Act fixed-term contract limitations (see Recruitment (Temporary Engagement) Policy, provision 3.3), the employee’s cessation will incur a redundancy payment in line with section 119 of the FW Act, in addition to the minimum notice periods above.

3.5 Employees who wish to terminate their employment will provide two weeks’ notice in accordance with the relevant Enterprise Agreement.

3.6 It is not necessary for managers to give formal notice of expiration at the end of a contract.

4. Documentation

• Public Sector Management Act 1994
• Public Sector Management Standards 2016
• Fair Work Act 2009
• 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 PeopleandCulture@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.