(Last Updated: June 2010)

•  The University of Melbourne Collective Agreement 2010

Each form of professional relationship with the University should be established on a contractual basis (eg. a formal business contract for independent contractors or a letter from local Human Resources in most other cases).

All contracts and letters must include clear statements outlining:

• the rights and obligations of each party; and

• the mechanisms for terminating the relationship.

The rights and obligations of the University and the individual vary with each category of relationship. It is important that the University establishes professional relationships on the correct basis as the University could be subject to claims and penalties if found to be in breach of relevant legislation or industrial regulations.

By law, service or services which are delivered on a regular or directed basis must be recognised through either an employment or contractor arrangement.

The best option is usually to engage the individual as an employee as this provides the individual with the maximum level of benefits and negates the risk of future claims or penalties being applied to the University.

Table 1 below provides an overview of the critical determinants associated with determining the appropriate form of relationship.

The Head of Budget Division is responsible for ensuring appropriate forms of relationship are in place in their Faculty except in the case of casual appointments. In this case, the Head of Department is responsible for ensuring the appropriate form of relationship is in place.

Independent contractors may hold honorary appointments at the University. They may also be recognised as a University Visitor although this affords them no additional benefit. Each form of relationship should be established on its own merits.

Employees are not permitted to establish any professional relationship with the University other than their employment relationship.

(Last amended: June 2010)

Appointment to the university is the establishment of an employer/employee relationship. It is reflected in a letter of offer and employment contract and the employee's acceptance of that offer. All categories of university staff are appointed, and are employed under the applicable industrial instrument or University statute.

Within the period of a staff member's employment, it is possible that the staff member will have more than one employment contract, each of which may have different terms and conditions. For example, a staff member might change the department or faculty for which he or she works, change from a fixed-term period of employment to continuing employment, or change from general to academic staff conditions.

The recruitment and selection processes which culminate in appointment are described in Policy 100 Position details and Funding and Policy 101 Recruitment and Selection. There are general policies and procedures which apply as well as those specific to the type of appointment being made. HR Policies 100 to 106 give a comprehensive account of what is needed for an effective appointment.

• University Statute 7.1 - Academic Titles and Honorary Appointments

• The University of Melbourne Collective Agreement 2010

• Council, April 2000

Appointments of teaching and research staff are made in accordance with applicable industrial instruments at Levels A - E. Salaries and duties for Levels A - E are set out in Policy 115 Salaries and Loadings.

Some of the types of appointment listed in Table 2 below, as well as honorary appointments, visitors, Deans and Heads, Academic Board Officers, and joint university-hospital appointments, are described in detail in the following sections in this Policy. For information on recruitment and selection for teaching and research positions, refer to Policy 101 Recruitment and Selection; for classification standards refer to Policy 114 Section 3 Classification of Academic Staff Positions and for salary details to Policy 115 Section 1 Salaries and Rates of Payment - Academic Staff.

Appointments of research only staff are made in accordance with applicable industrial instruments at Levels A - E. Salaries and duties for Levels A - E are set out in Policy 115 Salaries and Loadings.

 Research Only Staff may be given Teaching and Research titles equivalent to their Research Only rank, provided certain criteria are met.  

The title is granted for the current term of the Research Only staff member's contract.

The Head of Department must substantiate the candidate's research training track record and formal teaching contribution over the previous 3 years, to the Dean. After the Dean has approved the Head of Department's recommendation the following procedures are to be followed:

• Dean sends letter to the Research Only staff member, advising of the approval;

• Dean sends copy of letter to local Human Resources;

• Local Human Resources records the use of the title on the Human Resources Information System.

 Professional Staff appointments are made in accordance with applicable industrial instruments.

Senior administrative staff in the University who have the skills and knowledge necessary to ensure a high level of operational effectiveness and efficiency in the University may be appointed to the Senior Administrative Service (see Section 9 Senior Administrative Service).

(Last amendment: June 2010)

• University Statute 2.4 - The Vice-Chancellor

• University Statute 7.1 - Academic Titles and Honorary Appointments

• The University of Melbourne Collective Agreement 2010

• Council Minutes - September 2004

• Council Minutes - December 2005

Professors are appointed by Council to chair positions.

In addition, a Vice-Chancellor, Provost or Deputy Vice-Chancellor appointed for not less than 5 years, the Director of the Centre for the Study of Higher Education, and Deans of Faculties (see Section 5 Deans, Heads, and Other Officers) are appointed as Professors.

The title of Associate Professor may be accorded to non-professorial Heads of Department (see Section 5.3.7 Appointment - Heads of Department). Associate Professors may also be appointed as Associate Professor (Clinical) in the Faculty of Medicine, Dentistry and Health Sciences. Staff members appointed as "Associate Professor and Reader" or those appointed as principal research fellows may elect to take the title of Reader or Associate Professor, or may elect to use both titles.

PACs must approach gender balance.

PACs consider candidates for a vacant position and make recommendations based on the merit of candidates as they meet the selection criteria and the criteria for appointment to professor or professorial fellow.

PAC recommendations must be defensible and be provided in writing detailing Committee membership, search processes, female candidates considered, details of candidates interviewed, reference checking, and other matters considered in the selection process.

Appointments at Professorial level are approved by the Provost, on advice from the Senior Appointments and Promotions Committee.

(Last Updated: October 2011)

The University may, from time to time, appoint as Melbourne Laureate Professors:

• Nobel Laureates or scholars equivalent in standing to Nobel Laureates (who will be in fields in which Nobel prizes are not awarded); or

• Distinguished professors from existing University of Melbourne professoriate.

All such appointments will carry the title of Melbourne Laureate Professor. The appointment represents a significant honour. The University will ensure that prominence is given to the work of such professors.

• Review of Council Committees - December 2005

• Standing Resolution of Council 2.3 - Honours Committee

• Honours Committee - Meeting 1/06, 2/06, 7/10 and 1/11 

• Council Minutes - July 2006

• Approval by Vice-Chancellor on 27 February 2007

• Council Minutes - December 2010

• Council Minutes - May 2011

• Honours Committee - Meeting 1 September 2011

• Council - Meeting 12 September 2011

A. Nobel Laureates or scholars equivalent in standing

B. Distinguished University of Melbourne professors

A.         Nobel Laureates or scholars equivalent in standing will normally be offered full-time or part-time appointments for 5 years or other such period as determined by the Honours Committee.

B          Distinguished professors from amongst the professoriate of the University will hold an appointment for five years. It is expected that staff appointed as Melbourne Laureate Professors will hold an appointment of at least 50%.

A.         Nobel Laureates or scholars of equivalent standing will be recommended for appointment under this scheme by a Dean or member of the Senior Executive.  Where the recommendation is from a member of the Senior Executive, the views of the relevant Dean (or Deans where the case crosses disciplines) will be sought.  All views will be taken into account by the Committee in determining the case.

Applications will be considered at any time and the Dean will present a detailed case, including curriculum vitae, publication record and must include information to assist the Committee in respect to expected outcomes to be achieved from the appointment. The Committee will consider and assess each case against established criteria and guidelines. The Committee may determine if further information is required to support the application, including referee reports. 

B.         Distinguished professors from amongst the professoriate will be nominated for appointment under this scheme by the relevant Dean or member of the Senior Executive.  Where the recommendation is from a member of the Senior Executive, the views of the relevant Dean (or Deans where the case crosses disciplines) will be sought.  All views will be taken into account by the Committee in determining the case.  

The Committee will review annually the existing appointments as Melbourne Laureate Professor, and determine whether to call for nominations taking into account the current appointments, those due for re-appointment and may at that time indicate a maximum number of appointments that may be made.

All nominations must be endorsed by the Deputy Vice-Chancellor (Research). The endorsement is the provision of an acknowledgement of a prima facie case for consideration by the Honours Committee. Nominations must be supported by a detailed case including curriculum vitae, publication record and must include information to assist the Committee in respect to expected outcomes to be achieved from the appointment. The Committee will consider and assess each case against established criteria and guidelines.

In the initial application phase referee reports are not required. Once the Committee considers the nominations, it will then determine whether to proceed to obtain referee reports. The Committee can make an appointment based on the initial information provided without proceeding to obtain referee reports. However with a particular application if the Committee deems that it is appropriate to obtain referee reports, the Dean will be invited to meet with the Committee for review of the referee reports and determination of the nomination.

Referees will be selected on the basis of their own eminent standing and their ability to assist in assessing the nomination.

A.         Allocated through the Division of the Senior Vice-Principal (Strategic Initiatives Program Budget), Faculties will receive the following payment to support the appointment of a Nobel Laureate or scholar equivalent in standing:

• $175,000 per annum for full-time appointments; or
• $100,000 per annum for part-time appointments - where the time spent at the University will be at least two months each year.

The Vice-Chancellor, in consultation with the relevant Dean, will determine to what extent the Faculty will pay for that scholar's remuneration.  Additional remuneration paid will be a matter for the individual Faculty.

B.         Allocated through the Division of the Senior Vice-Principal (Strategic Initiatives Program Budget), distinguished professors will be provided with a Melbourne Laureate Professor Loading of $50,000 per annum.  To be eligible for the loading staff must hold an appointment of at least 50% time fraction, and the loading will be paid on an equivalent pro rata basis.  This will be in addition to the existing remuneration paid by the Faculty. 

            The Loading may be paid in a number of ways including as an additional cash component, to support research activities or salary packaged to superannuation.  Local HR Consultants can provide advice.

If the Committee decides to recommend that an offer of appointment as a Melbourne Laureate Professor be made, that recommendation will only take effect if the recommendation is approved by Council, or, in cases of urgency, by the Vice-Chancellor on behalf of Council.

A.         Nobel Laureates or scholars of equivalent standing may be re-appointed as salaried Melbourne Laureate Professors for a further period (normally three years) as recommended by the Dean and or member of the Senior Executive where a compelling case demonstrating continued exceptional performance, as measured against established criteria, has been argued.

In such cases, prior approval for the continuation of the funding support from the Senior Vice-Principal (Strategic Initiatives Progam Budget) is required to be confirmed by the Provost and prior to approval of the re-appointment.

B.          Distinguished professors may be re-appointed for a further period (normally three years) as recommended by the Dean and or member of the Senior Executive where a compelling case demonstrating continued outstanding performance and high achievement has been argued.

The Loading will continue to be paid where it is demonstrated that there is continued exceptional performance, as measured against established criteria.

The use of the title Melbourne Laureate Professor will continue while the professor continues to maintain an association with the University of Melbourne as honorary Professorial Fellow or, in the Faculty of Medicine, Dentistry and Health Sciences, Professor/Director.

If appointed as a Professor Emeritus, the title will be Emeritus Melbourne Laureate Professor. Staff holding the title of Melbourne Laureate Professor at the time of retirement, will become an Emeritus Melbourne Laureate Professor.

The Honours Committee will consider whether the University wishes to recognise individual Melbourne Laureate Professors through award of the title (but not the loading) while they continue to hold ongoing appointments with the University of Melbourne. It is envisaged that this honour will be reserved to recognise lifetime achievement or eminence as a public intellectual and will be periodically reviewed by the Honours Committee and may, in cases where there is no ongoing national or international recognition for the University, withdraw the title.

If further guidance is requried contact the local Human Resources representative.

• Assessment Guidelines for Melbourne Laureate Professor Appointments and Re-appointments

(Updated: June 2010)

This policy sets out the policy and procedures relating to the appointment of Deans, Acting Deans, Deputy Deans, Associate Deans, Assistant Deans, Sub-deans and Heads of Department.

Non-professorial Deans are granted the title of Professor for the duration of their appointment as Dean, and non-professorial Heads of Departments are designated Associate Professor for the duration of their appointment as Head. These titles are relinquished when the Head or Dean leaves that office and resumes his or her previous position and title.

In recognition of their additional responsibilities, Heads receive loadings (the amount of which depends on the size of the department), or temporary classification as Professor or Associate Professor.

• University Statute 5.1 - Academic Structures

• The University of Melbourne Collective Agreement 2010

• Council Minutes July 2001

As Deans are excluded from coverage by the University's enterprise agreement, they are appointed under senior executive contracts.

Where an existing staff member is appointed to the office of Head of Department, their current contract of employment will be varied to reflect the appointment, the term of office and any additional remuneration.

A Dean of Faculty is appointed by the Vice-Chancellor on the recommendation of the Remuneration and Employment Conditions Committee (RECC). While the methods by which nominee/s for deanship may vary, in all cases the RECC is required to consult each member of the relevant faculty about the nomination/s. The RECC considers the advice received and recommends an appointment to the Vice-Chancellor.

A Dean is normally appointed for not less than 3 years and not more than 5 years, unless special circumstances apply. A person who has been appointed Dean is eligible for reappointment.

Deans' appointments are handled by the Office of the Vice-Chancellor.

A Deputy Dean may be either elected by members of the faculty or appointed by a recommendation to the Vice-Chancellor by a selection committee.

Deputy Dean appointments within the Faculty of Medicine, Dentistry and Health Sciences may be made by the Dean.

The Dean may establish one or more Offices of Associate Dean of a faculty. The Dean also determines the period and conditions of appointment of an Associate Dean. A recommendation to Associate Dean may be via election by members of the faculty.

Associate Deans are appointed by the Dean for not more than 5 years.

A person who is eligible for appointment as Dean may be appointed by the Vice-Chancellor as Acting Dean, on the recommendation of a selection committee. The appointment will be for a period determined by the Vice-Chancellor.

Sub-deans and Assistants to the Dean may be appointed by the Dean, on the recommendation of the faculty, for a period of not more than 5 years.

Heads of Department or Heads of School are appointed by the Dean. While the methods by which a faculty chooses nominee/s for its Head may vary, in all cases the Dean should establish a collegial consultation process.

A Head is normally appointed for not less than 3 years and not more than 5, unless special circumstances apply. A person who has been appointed Head is eligible for reappointment, provided he or she is still qualified to hold office.

Absences of more than 3 months duration are not normally approved for Deans or Heads. In special circumstances, such absences may be referred to the Provost for approval.

(Updated:December 2009)

• Melbourne University Act 1958, s. 28

• University Statute 4.1 - The Academic Board

In accordance with Statute 4.1, the Academic Board elects three of its members to be President, Vice-President, and Deputy Vice-President respectively for the ensuing calendar year. Office bearers may be re-elected for subsequent terms. Every member of the Board is entitled to vote and to nominate for office.

If a casual vacancy arises in the office of President, Vice-President, or Deputy Vice-President, the Board may elect another member to the vacant office for the remainder of the calendar year, depending on the circumstances and time of year.

The President is ex-officio a member of Council. The President normally chairs meetings of the Academic Board.

Responsibility loadings are paid to the President, Vice-President, their respective Secretaries, the Deputy Vice-President, and the Assistant Vice-President (Public Programs), by virtue of their respective offices (see Policy 115 Section 3.8 Academic Board Officers for further details).

Elections for office-bearers of the Academic Board are held consecutively, usually beginning in September for the following calender year. Matters relating to the elections are handled by the University Services, who advise the local Human Resources representative of the results of the elections.

• Individual hospital-university joint employment agreements.

• University Statute 7.1 - Academic Titles and Honorary Appointments

University clinical staff who undertake a significant patient-care load may enter into a separate contract with their Healthcare Network. Such staff will be paid by the Network on a sessional basis. The University also, under certain circumstances pays a clinical differential loading (see Policy 115 Section 3.3 Clinical Loadings for details).

(Updated: June 2010)

• The University of Melbourne Collective Agreement 2010

• Administrative Policies and Practices Group, September 2009

Casual staff are engaged by the hour and paid on an hourly basis.

Casual staff are paid a loading in lieu of annual and sick leave which a casual staff member is not eligible to receive.

Casual staff are engaged to work on an ad hoc or irregular basis.

Each work period is a separate and distinct period of service.

Each distinct period of service must have a formal contract of employment showing the duties required, the number of hours that are anticipated to be required, the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for.

Casual staff are engaged with no guarantee or expectation of work beyond the period of their current employment.

Refer to Policy 118 Section 1.3.5 Casual Staff Employer Contributions for superannuation entitlements for casual staff.

Refer to Policy 107 Section 1.4.4 Overtime for Casual Professional Staff.

Departments should use their best endeavours to provide casual staff members with the facilities and resources appropriate to enable the fulfilment of their duties. For casual staff (other than those employed on an occasional or ad hoc basis) this may include telephone access, PC access, an email account, a work desk, a library card and designated space if student consultation is required.

All casual appointments must comply with the University's policy on Personal relationships, employment and other staffing decisions located at Policy 109 Section 10.3.1 Personal behaviour.

All casual staff members must sign a contract of employment prior to their engagement (refer http://www.hr.unimelb.edu.au/aboutus/forms).

If the staff member will be required to work in an area in which they will be exposed to known occupational hazards the HR15 Health and Hazard Assessment Questionnaire must be completed and forwarded to the Occupational Health Nurse at the University Health Service. Refer to Policy 102 Section 2 Health Checks for more information.

Current rates of payment for casual staff are set out in Policy 115 Section 1 Salaries and Rates of Payment - Academic Staff and Policy 115 Section 2 Salaries and Rates of Payment - Professional Staff.

The casual payroll is run every second week.

Please comply with the following procedures when submitting claims for casual payments:

• all casual staff members must complete the HR20 Contract of Employment form and an Employment Declaration (Tax) form when commencing employment at the University (available from http://www.hr.unimelb.edu.au/aboutus/forms);

• all payments are made by Electronic Funds Transfer (EFT) to a bank account nominated by the staff member;

• casual payments may be processed either online through Themis Timekeeper or Self-Service Timecard or via a signed HR26 Employee Payment Request Form available at: http://www.hr.unimelb.edu.au/aboutus/forms;

• the request for payment for online entries requires approval prior to 4pm on the Monday before pay day (refer to http://hr.unimelb.edu.au/benefits/payroll for pay period calendar);

• approved paper-based forms need to be submitted to Human Resources by 5pm on the Wednesday in the week preceding the casual pay day (refer to http://hr.unimelb.edu.au/benefits/payroll for pay period calendar)

The Contract of Employment form must be kept for seven years in the Department. The Contract of Employment form is available from http://www.hr.unimelb.edu.au/aboutus/forms.

The appointment and payment of a casual employee is normally authorised by the relevant level 2 delegate.

Applications for conversion to non-casual employment will be determined by:

• an offer of continuing or fixed-term employment at the same classification level and for the same or similar duties as the staff member was previously undertaking; or

• rejection of the application in writing on reasonable grounds (see Section 8.5.1.4 Consideration of applications for conversion).

In some cases, where the pattern of previous work determines, conversion may be to a seasonal, part-year or annualised hours contract.

Casual professional staff who believe they meet the eligibility for conversion criteria in Section 8.5.1.4 Consideration of applications for conversion should first discuss this possibility with their supervisor.

To apply for conversion eligible casual professional staff must address their application for conversion in writing to the Head of Budget Division (in cases of conversion to continuing employment) or a level 2 delegate (in cases of conversion to fixed term employment), including their name and employee number and a brief statement as to the reasons why the staff member believes they meet the eligibility for conversion criteria.

Upon receiving a casual professional staff member's application for conversion, the Head of Budget Division or level 2 delegate must seek the advice of their local Human Resource Consultant.

(Updated: June 2010)

Subject to Section 8.3.1 General (paragraph 2), the Senior Administrative Service in the University is designed to foster a core group of senior administrative staff in the University who have the skills and knowledge necessary to ensure a high level of operational effectiveness and efficiency in the University. Such staff need to be developed, have a group identity and operate in an environment where excellent performance is rewarded.

The University of Melbourne Collective Agreement 2010 contains incrementally based pay scales for the 10 work value levels in the salary structure, which are also set out at Policy 115 Section 2 Salaries and Rates of Payment - Professional Staff. Professional Staff Level 10, the level at which members of the Senior Administrative Service are appointed, contains a minimum salary point, and the University has developed the salary structures beyond that point.

The University of Melbourne has determined that in future all members of staff employed at Level 10 will be members of the Senior Administrative Service.

• The University of Melbourne Collective Agreement 2010

• University of Melbourne Council Minutes - July, 1993

• Minutes of Administrative Committee Meeting 11/95

• Minutes of Administrative Committee Meeting 1/99

Staff whose jobs are classified at Professional Staff Level 10.

Staff who are receiving salaries within the level 10 range, but the work value of whose position is now below level 10 are not included as members of the Senior Administrative Service.

Senior Administrative Service staff may package salary by dividing the gross salary into two components: cash and benefits (or non-cash). If a staff member does so, then the University will (a) pay the amounts of the benefits on their behalf and (b) reduce the staff member's gross annual salary by the cost of the amounts paid. The balance of the salary remaining, after paying for the benefits, will then be taxed at its face value. For more information on salary packaging refer to Policy 115 Section 4 Flexible Remuneration Packaging.

Staff who package their salaries should note that higher duties allowances, bonuses, annual leave payouts on termination and long service leave payouts on termination are calculated on the total package amount divided by 1.17. (See Policy 115 Section 2.1.1 Classification Structure).

All members of the Senior Administrative Service are subject to the University's Performance Development Framework (see Policy 111 Section 6 Performance Development Framework) for both staff development and reward. Appraisal is based on an annual cycle, is outcome-oriented and includes the development of measures for performance of both the individual and the unit for which he or she is responsible. In addition the process emphasises the future development needs of the staff member.

The University recognises exceptional and outstanding performance. Rewards may include public recognition and opportunities for further career advancement. In exceptional circumstances, options for additional monetary reward are available.

To cater for situations where additional reward will take monetary form, a series of annual bonuses based on performance will be offered. Bonuses are awarded for one year only, are not to be superannuable (except to any extent required under superannuation guarantee law), and as an outcome of the performance management process.

Once approved, recommendations for payment of bonuses should be forwarded to the Remuneration and Benefits Team at the end of the staff member's performance appraisal cycle.

(Last amendment: June 2010)

Junior rates may apply to Professional positions where the staff member is under the age of 21 years. In these circumstances, salary will be based on a percentage of the full time salary.

An apprentice or trainee would normally be employed on a fixed-term contract where a formal apprenticeship or traineeship can be offered through a relevant statutory authority (refer to Policy 100 Section 2.3.2.4 Fixed-term categories of work activity). 

An apprenticeship or traineeship aims to provide the staff member with relevant skills, experience, training and qualifications in a specific trade field.

Trainee positions are designed to facilitate:

• the employment of people who have little or no relevant job skills; or

• the re-entry of people who have been absent from the workforce for a period and whose job skills are inadequate or need updating; or

• people making a significant career change.

Professional staff who require training and do not perform the complete duties of a position may be paid a percentage of the full salary, which is based on the level of skill acquired and not age.

• The University of Melbourne Collective Agreement 2010

The term junior applies to Professional staff where the staff member is under the age of 21 years. The salary for a junior will be based on a percentage of the full time salary dependant on the age of the staff member. The following junior rates will apply where appropriate.

An apprentice is a staff member normally employed on a fixed term basis where he or she is employed pursuant to a formally recognised apprenticeship approved by the relevant statutory authority (refer to Policy 100 Section 2.3.2.4 Fixed-term categories of work activity). The salary rates for apprentices are based on the level obtained through the apprenticeship and not based on age. The appropriate salary rates will be included in the relevant documentation from the relevant statutory authority as part of the formal approval process.

Apprentices will normally be paid at the following percentage rates (refer Policy 115 Section 2.1.2.2 Apprentices):

• 1st year: 42% of base trade rate;

• 2nd year: 55% of base trade rate;

• 3rd year: 75% of base trade rate;

• 4th year: 88% of base trade rate.

A trainee is a staff member normally employed on a fixed-term contract basis where he or she is employed pursuant to a formally recognised traineeship approved by the relevant statutory authority which will include an approved training course or training program (refer to Policy 100 Section 2.3.2.4 Fixed-term categories of work activity). A trainee is a professional staff member normally appointed to full-time positions advertised as 'Trainee Position'.

A trainee position is only offered at Professional Staff Level 2 or 3, or in exceptional circumstances, at Level 1. The level of a trainee position is the same classification level applying to the position for which the trainee is to be prepared and would occupy on completion of training.

Trainee contracts of employment are subject to a probationary period in accordance with the University's standard probation requirements outlined in Policy 105 Probation and Confirmation.

The Job Card in the e-recruitment system must be completed and approved with a copy of the position description, Health and Hazard Questionnaire and an outline of the training program attached.

A training position should be classified at the same level as that of the position for which the trainee is being trained. The trainee will be paid at the appropriate trainee salary rate (see Policy 115 Section 2.1.2.1 Trainees) and the traineeship should not normally exceed two years.

1st year in trainee position : 85% of Professional Staff Level (1, 2 or 3)

2nd year on trainee position : 90% of Professional Staff Level (1, 2 or 3). 

(Updated: June 2010)

Job sharing is a voluntary arrangement where two or more staff share one full-time or part-time (where the part-time position is at least 0.8) position, each working on a part-time basis. Such arrangements can benefit staff who are phasing themselves into or out of the workforce, or staff whose family or study commitments do not enable them to undertake a full-time job. This policy provides information about aspects of job sharing to be borne in mind when setting up such an arrangement.

• The University of Melbourne Collective Agreement 2010

• Council Minutes - September 1997

• Best HR Practice Guide : Work and Family: The Links and the Balance

• Policy 120 Equal Opportunity Policy

A job sharing arrangement will be with the approval of a Level 2 delegated authority.  Level 2 delegates are advised to consult with local Human Resources to ensure compliance with Equal Opportunity policy and legislation.

Each member of staff appointed to a job share position is regarded as a separate appointment.

Job-share fixed-term appointments should be made in accordance with Policy 100 Section 2.3.2.3  Fixed-term Employment and Section 2.3.2.4 Fixed-term categories of work activity.

While the content of the contract of employment must conform with the policies set out in Policy 101 Section 5 Contracts of Employment, for job-share staff, additional information about time fractions, days and times to be worked within each appointment will be specified in the contract issued by Human Resources.

A staff member employed on a continuing contract whose position becomes a job-share for a fixed period of time will retain a continuing appointment with the University.

A staff member employed on a continuing contract who is appointed to an advertised fixed term job-share position may apply to take up the position on a fixed term basis via temporary transfer.

Should one job-share partner leave the position and/or the University, and the remaining partner and the Level 2 delegated authority agree that the job-share arrangement should continue, the Level 2 delegate will seek to appoint a new person to fill the vacant position on a job-share basis.

Subject to approval by a level 2 delegate, a staff member may undertake the duties of his or her position in the University at home. The staff member is required to spend some time at the University workplace. Such arrangements are specified in a home-based work arrangement.

• Council Minutes - September 1997

• Administrative Committee Minutes - 17 November 1999

• Equal Opportunity Act (1995) Victoria

• Work and Family:The Links and the Balance - January 2002

• Performance Development Framework Policy (Policy 111 Section 6)and Guidelines

• Environment, Health and Safety Policy and Guidelines

A home-based work agreement can be initiated by either the University or the staff member. Level 2 delegates have the delegation to approve applications for home-based work. The level 2 delegate must be satisfied that the arrangement meets the guidelines outlined below.

Compliance with University EH&S policy is required at all times. The staff member must notify the University of any accident, injury or near miss as a result of carrying out duties necessary to fulfil the requirements of the position. An Incident Report is available on http://www.pb.unimelb.edu.au/ehs/ehs/incidentreporting/.  EH&S policies and procedures are available in the Policy Library, http://policy.unimelb.edu.au/.

A designated area in the home must be established as the Work Site and a Work Site and Work Station assessment must be completed and assessed as satisfactory as soon as the Work Site is established and before commencement of work. A Work Site Assessment checklist is available from http://www.pb.unimelb.edu.au/ehs/riskmanagement/. A KeyBoard Work Station Assessment checklist is available from http://www.pb.unimelb.edu.au/ehs/workplace_ehs/office_ergonomics/. The Department will arrange and pay for a suitably qualified nominee or an independent contractor to conduct the assessment. Advice on engaging an independent contractor is available from the Environmental Health & Safety Unit. Advice on Environment, Health and Safety is available from the Environmental Health & Safety Unit.

The staff member must notify their supervisor if they are ill and unable to perform the duties of the position. An application for sick leave must be made.

The Department may reimburse all telephone calls made in relation to the work. A record detailing local, mobile, STD and international calls must be maintained. The record must include date, telephone number, cost, person telephoned and reason for call.

The Department will cover dial in and internet access costs necessary to fulfil the requirements of the position. Further information regarding home based internet access is available at Policy 122 Section 10 Home Based and Mobile Internet Access.

The Department will provide or reimburse the cost of all consumables necessary in relation to the work undertaken. Documentation and receipts must be submitted with any claims for reimbursement.

The home-based work agreement can be found in the HR Forms Library. A copy must be forwarded to local Human Resources for placement on the staff members personal file. It must include:

• Commencement and end date of arrangement;

• Number of days/hours per week at home Work Site;

• Attendance requirement details at University workplace;

• Sketch of the designated home Work Site;

• Completed and approved Work Site assessment;

• Completed and approved Work Station assessment (Signed by suitably qualified nominee or independent contractor);

• List of equipment specifying items supplied by the Department and items to be supplied by the staff member;

• Copy of list of Equipment to be taken "Off Campus" (For items over $5000 supplied by the University); and

• Other Details (Any special arrangements relating to home-based work signed by both staff member and supervisor).

(Updated: June 2010)

• The University of Melbourne Collective Agreement 2010

• Administrative Services Co-ordination Group, January 1998

• Council Minutes - March 1998

The University encourages the casual and short-term employment of its own students in departments and faculties.

Normal University guidelines in relation to conflict of interest apply to the employment of students.

Care should be taken not to employ students from the Faculty or Faculties in which they are studying, in areas, or on tasks, which might be regarded as "student" sensitive.

Students must be adequately supervised at all times. Access to Merlin or other sensitive computer systems must be closely monitored. In such areas preference might be given to the employment of post-graduates.

Departments wishing to engage students may contact the Student Employment Service or advertise in UniNews.

Students employed as casual staff members must be provided with a contract of employment stipulating the type of employment and the terms of engagement in relation to the duties required, the number of hours required, the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for.

The Contract of Employment for Casual Staff form is available on the internet at: http://www.hr.unimelb.edu.au/aboutus/forms.

Students are paid appropriate rates of pay for the job being undertaken. Reference to Policy 114 Section 2 Classification of Professional Staff Positions for professional staff and Policy 114 Section 3 Classification of Academic Staff Positions for academic staff will help with the classification of positions. Casual rates of pay are contained in Policy 115 Section 1 Salaries and Rates of Payment - Academic Staff and Policy 115 Section 2 Salaries and Rates of Payment - Professional Staff.

(Updated: June 2010)

Staff may be employed to undertake a series of sessions over a specific period, e.g. undertake tutorials, or act as demonstrators over a semester. Under this policy the University offers a prospective academic or professional staff member an agreement that outlines the task/s, the times when the individual must be available to undertake those tasks and the period over which it is expected the task/s will be completed. These staff are employed under casual conditions of employment, with some variations as outlined in this policy.

• The University of Melbourne Collective Agreement 2010

As a general guide the following principles apply:

• there is an anticipated period in which the task or series of tasks should be completed;

• sessional staff members are engaged with no guarantee or expectation of work beyond any given agreed period of employment.

Should the University choose to employ a person on a sessional basis, the level 2 delegate will furnish the prospective staff member with a Sessional Employment Contract (form HR28) before the commencement of employment. The completed form should contain the following information:

• the date of commencement of employment;

• the expected date on which the appointment will expire;

• a description of the tasks or tasks to be performed by the staff member;

• the number of hours that are anticipated to be required over the length of the engagement;

• the normal pattern in which those hours are to be worked;

• the rate of payment per hour or session;

• the total amount that will be earned by the staff member if he or she satisfactorily completes the tasks during the required period; and

• advice that the total amount will be paid in equal fortnightly instalments.

Current rates of payment for sessional staff are set out in Policy 115 Section 1 Salaries and Rates of Payment - Academic Staff under "casual" (see Policy 115 Section 1.1.2 Rates of Payment for Casual Academic Staff for academic rates and Policy 115 Section 2.1.2.4 Rates of Payment for Casual Professional Staff for professional staff rates).

All payments to sessional staff will be made via electronic funds transfer to a nominated account held in a financial institution.

Sessional staff are paid fortnightly according to the following formula:

• total amount to be paid to the staff member is s/he satisfactorily completes the required tasks in the designated period divided by the number of fortnightly pay periods in the designated period.

The staff member must advise the level 2 delegate if the agreed hours have not been worked or completed. In those circumstances, the level 2 delegate and the staff member may either make alternative arrangements to complete the task, or the level 2 delegate may arrange for the staff member's payment to be adjusted accordingly.

If arrangements cannot be made to complete the hours or the task (e.g. because it is no longer required) or the staff member refuses or fails to complete the hours or tasks, the level 2 delegate must:

• immediately notify local Human Resources to stop payment;

• advise the person in writing that there will be no further payment (other than for work already performed).

Staff members employed under this policy are only entitled to those entitlements that ordinarily accrue to casual staff (see Section 8 Casual Staff).

In addition to the facilities provided to all casual staff in accordance with Section 8.3.6 Facilities for casual staff, Departments should use their best endeavours to provide sessional staff with the following facilities for 3 months after their contract ceases, if it is likely that the staff member will have further employment with the University within 3 months:

• library cards,
• email accounts, and
• University network and intranet access.

The sessional staff member must agree to comply with University policy in relation to these matters during this 3 month period.

Level 2 delegates should comply with the following procedures before employing a sessional staff member:

• determine the rate of payment (the rates of payment for casual academic and general staff are set out in Policy 115 Section 1.1.2 Rates of Payment for Casual Academic Staff and Policy 115 Section 2.1.2.4 Rates of Payment for Casual Professional Staff);

• complete the HR15 Health and Hazard Assessment Questionnaire (HHAQ) if the staff member will be required to work in an area in which they will be exposed to known occupational hazards;

• forwarded the completed and signed HHAQ to the Occupational Health Nurse (refer to Policy 102 Section 2.4. Procedures for more information)

• prepare Sessional Employment Contract (form HR28) before the commencement of employment. The completed form should contain the following information:

• the date of commencement of employment;

• a description of the tasks or tasks to be performed by the staff member;

• the number of hours to be worked by the staff member;

• the normal pattern in which those hours are to be worked;

• the period in which the work must be completed;

• the rate of payment per hour or session;

• the total amount that will be earned by the staff member if he or she completes the tasks; and

• advice that the total amount will be paid in equal fortnightly instalments. 

 Note: Forms available from http://www.hr.unimelb.edu.au/aboutus/forms.

On the first day of work the following procedures should be followed to ensure that sessional staff are paid:

• the sessional staff member completes a HR5 Employee Registration Form and an Employment Declaration (Tax) Form;

• the Head of Department supplies local Human Resources with a copy of the HR 28 Sessional Employment form, the HR5 Employee Registration Form and the Employment Declaration (Tax) Form;

• Local Human Resources will place the new staff member on the payroll and pay the staff member according to Section 14.3.3 Payment of Sessional Staff.

Note: Forms available from http://www.hr.unimelb.edu.au/aboutus/forms.

(Last updated: December 2009)

Individuals awarded honorary appointments are not obliged to perform any specific work for the University, but are expected to contribute to the teaching and research or general betterment of the University through voluntary activities. These individuals are not provided with remuneration for their service.

These individuals may receive payment for reasonable travel and living expenses of up to $248 per day (as set by the Australian Taxation Office) and for overseas individuals, unless travelling on a business visa, to a maximum of $20,007 per annum (as set by the Department of Immigration and Citizenship).

Accordingly, and by law, individuals awarded honorary appointments are not employees of the University and cannot deliver service or services to the University on a regular or directed basis through this appointment.

Honorary appointments are established by means of a letter of invitation issued by local Human Resources which stipulates the terms and conditions of employment, and the individual's written acceptance of these terms and conditions.

Honorary appointees are awarded an academic title during the period of their honorary appointment at the University and their names are added to the University Calendar during their term of appointment.

Categories of honorary appointments are:

• Honorary Fellows (see Section 15.3 Principles and Policy - Honorary Fellows)

• Visiting Professors (see Section 15.4 Policy - Visiting Professors)

• Professors Emeritus (see Section 15.5 Policy - Professors Emeritus)

University Visitors are similar to honorary appointments in that they are not obliged to perform any specific work for the University, but they are expected to contribute to the teaching and research or general betterment of the University through voluntary activities, and are not provided with remuneration for their service.

Similar to honorary appointments, these individuals may also receive payment for reasonable travel and living expenses of up to $248 per day (as set by the Australian Taxation Office) and for overseas individuals, unless travelling on a business visa, to a maximum of $20,007 per annum (as set by the Department of Immigration and Citizenship).

However, the characteristic which distinguishes University Visitors and Honorary appointments is that University Visitors are not awarded an academic title during the period of their contribution. If the individual holds an academic title at another university, they are entitled to use that title for the period of contribution, as long as they continue to hold that title.

There are two categories of University Visitors. These are:

• Academic Visitors, and

• Non-academic visitors

Academic Visitors are individuals who have a substantive academic appointment at another higher education institution or who make a direct contribution to the academic programs of the University of Melbourne.

Non-academic Visitors may contribute to the teaching and learning program of the University, or to other programs which aid the general betterment of the University. Examples of Non-academic Visitors include external members of University committees, volunteers operating in the University Alumni Office, individuals from industry presenting public lectures and artists setting up their exhibit in the Museum of Art.

All University Visitors should be issued with a letter of invitation from local human resources, and formally accept that invitation before commencing their service to the University.  The Department also receives and stores the written acceptance of the invitation.

Note that, in all cases, if the individual is to be provided with any payment in excess of reasonable living and travel expenses, the individual should be engaged as either an employee or contractor.

Further advice about the categories of professional relationships is available from your local Human Resources Consultant.

The following principles underpin the Honorary Fellows policy:

• Honorary Fellows are highly valued members of the University of Melbourne community.

• Honorary appointments are academic appointments and, whilst a different process is utilised, are subject to the same degree of rigour as other academic appointments.

• The appointment as an Honorary Fellow at the University of Melbourne does not of itself create an employment or independent contractor relationship between the individual and the University.

• Where an employment or independent contractor relationship will arise between the individual and the University, this must be established by a means other than an honorary appointment.

• An individual may have more than one type of relationship with the University operating concurrently. However, the establishment of more than one type of relationship does not negate the University's and the individual's rights and obligations in respect of each relationship.

• Honorary Fellows are obliged to comply with certain University statutes, regulations and policies whilst undertaking any activity in their capacity as an Honorary Fellow at the University.

• Honorary staff may, on the approval of the Dean, be allocated supervisor responsibilities if they are required to supervise University of Melbourne staff.

 The categories of Honorary Fellows are:

Individuals may only be appointed to honorary appointments when it is demonstrated that the individual will be making a significant contribution to the teaching and learning and/or research of the University during the term of their appointment.

An employment relationship between the individual and the University will not be created as a consequence of the appointment and, if an employment or independent contractor relationship will exist in addition to honorary appointment, this is established by other means.

The criteria for appointment in the four Fellow categories follow University norms for salaried academic staff at the rank of Lecturer and above.

An honorary appointment can only be conferred when the individual has formally accepted the terms and conditions of their appointment, as set out in the letter of appointment issued by local Human Resources.

To appoint an honorary as a supervisor, the Head of Department will provide a case through the Dean, for the honorary staff member to be appointed as a supervisor of University of Melbourne staff. The case by the head of department must be accompanied by the HR14 form - Themis HR - Changes to Supervisor and Workflow Co-ordinator. No local HR action will be taken unless the complete documentation is approved by the Dean.

Honorary supervisors will receive formal notification of the supervisor status from local Human Resources and will be required to sign acceptance of the conditions required of all supervisors.

The supervisor will be assigned supervisor responsibilities through Themis HR.

Honorary appointments will be effective while the appointee continues to have an ongoing association with the University of Melbourne, as determined by the Head of Department, Dean and/or on behalf of the University Council.

Honorary appointments may be terminated at any time by the Head of Department or Head of Budget Division (dependant on level of appointment) and the appointee will be advised that they no longer have honorary status.

The names of all Honorary Fellows may be added to the University Calendar for the period of their employment at the University of Melbourne.

Honorary Fellows are not, by virtue of their office, members of the Academic Board or any Faculty.

Honorary Fellows may obtain a visitors card and have access to the University's information facilities, including its electronic communication network.

Honorary Fellows may be provided with office accommodation at the discretion of the Head of Department.

Honorary Fellows must comply with certain University statutes, regulations and policies as they relate to their activities including:

• Statute 14.1 Intellectual Property;

• Use of the University's electronic communication network policy;

• State and Federal equal opportunity laws applying to the University of Melbourne and any related University policies;

• State and Federal occupational health and safety laws applying to the University of Melbourne and any related University policies;

• Those elements of Regulation 17.1.R8 - Code of Conduct for Research which are relevant to the activities of the Honorary Fellow;

• Those elements of any University academic or student related statutes, regulations and policies which are relevant to the activities of the Honorary Fellow.

The Senior Appointments and Promotions Committee (SAPC) will award the title of Professor Emeritus to recognise "distinguished service" to the University.

An employment relationship between the individual and the University will not be created as a consequence of the appointment and, if an employment or independent contractor or Honorary Fellow relationship will exist in addition to a University Visitor appointment, this is established by other means.

Individuals are appointed as Academic Visitors at the same level as their substantive appointment at their home institution.

An Academic Visitor appointment can only be confirmed when the individual has formally accepted the terms and conditions of their appointment, as set out in the letter of invitation.

In all cases, the individual must be advised of their and the University's rights and obligations, including the conditions under which the appointment may be terminated, through the letter of invitation.

University Visitors are initially appointed for up to one year. Appointments may be subsequently renewed for up to one year. There is no limit on the number of times an appointment may be renewed.

The appointment ceases when the individual ceases making a significant contribution to the University of Melbourne, or at the end of the agreed term of appointment, whichever is sooner.

The Provost may withdraw a University Visitor appointment before end of term on recommendation of a Dean or Executive Director (Human Resources).

University Visitors are not, by virtue of their office, members of the Academic Board or any Faculty.

University Visitors may obtain a visitors card and have access to the University's information facilities, including its electronic communication network.

University Visitors may be provided with office accommodation at the discretion of the Head of Department.

University Visitors must comply with certain University statutes, regulations and policies as they relate to their activities. For Academic Visitors, this is likely to include:

• Statute 14.1 Intellectual Property;

• Use of the University's electronic communication network policy;

• State and Federal equal opportunity laws applying to the University of Melbourne and any related University policies;

• State and Federal occupational health and safety laws applying to the University of Melbourne and any related University policies;

• Those elements of Regulation 17.1.R8 - Code of Conduct for Research which are relevant to the activities of the University Visitor;

• Those elements of any University academic or student related statutes, regulations and policies which are relevant to the activities of the University Visitor.

University Visitors may be eligible for reimbursement of reasonable payments which cover the expenses associated with the provision of their contribution to the University of Melbourne - for example, travel, accommodation and other living expenses. A guide to the level of these payments is available from Financial Operations, on advice from the Australian Taxation Office and the Department of Immigration and Citizenship.

University Visitors are not eligible for the payment of remuneration. When the University wishes to provide an individual with payment in excess of reasonable expenses, these payments should be effected through an employment or independent contractor relationship.

The following procedures apply to appointments and re-appointments to Professorial Fellow for individuals who are not either:

• full professors of a Group of Eight or Universitas 21 university; or

• recognised as Senior Principal Research Fellows or Senior Research Fellow by the NHMRC or ARC.

For appointments:

• the Dean forwards a recommendation to the Senior Appointments and Promotions Committee;
• Senior Appointments and Promotions Committee approves;
• after approval, Human Resources advise local Human Resources representatives of the approval; and
• local Human Resources prepares the necessary documentation.

Re-appointments are approved by the Dean.

The following procedures apply to appointments and re-appointments to:

• Professorial Fellow for individuals who are either:

  • full professors of a Group of Eight or Universitas 21 university; or

  • recognised as Senior Principal Research Fellows or Senior Research Fellow by the NHMRC or ARC.

For appointments:

• the Head of Department forwards a recommendation to the Dean;

• the Dean approves;

• after approval, the Dean advises local Human Resources by submitting:

  • an HR4 Honorary Appointments form; and

  • a brief version of the nominee's curriculum vitae;

• Local Human Resources prepares the necessary documentation.

Re-appointments are approved by the Dean.

The following procedures apply to appointments and re-appointments to:

• Principal Fellow

• Senior Fellow

• Fellow

For appointments:

• the Head of Department approves;

• Head advises local Human Resources by submitting:

  • an HR4 Honorary Appointments form; and

  • a brief version of the nominee's curriculum vitae;

• Local Human Resources prepares the necessary documentation.

Re-appointments are approved by the Head.

The following procedures apply to appointments to Visiting Professor:

• the Vice-Chancellor forwards a recommendation to a Committee comprising the Chancellor (as Chair), the Provost, the President of the Academic Board (or nominee) and a Deputy Vice-Chancellor;

• the Committee approves;

• after approval, Human Resources advise the local Human Resources representative of approval;

• Local Human Resources prepares the necessary documentation.

In exceptional circumstances where the Vice-Chancellor believes it to be imperative that such an appointment be made immediately, the Vice-Chancellor may make such an offer without reference to the Committee.

The following procedures apply to appointments to Professor Emeritus:

• Senior Appointments and Promotions Committee considers the name of a person nominated to be awarded the title of Professor Emeritus within one year of the retirement or resignation of the nominated Professor;
• the Committee approves the nomination;
• after approval, Human Resources advise the local Human Resources representative of approval;

• Local Human Resources prepares the necessary documentation.

For all academic and non-academic Visitors:

• the level 2 delegate approves;
• the relevant Department issues a letter of invitation;
• the relevant Department receives and stores confirmation of acceptance of the invitation from the individual.

Re-appointments are approved by the level 2 delegate.

Honorary Fellows, Clinical Fellows and University Visitors may be eligible for reimbursement of reasonable payments to cover the expenses associated with the provision of their contribution to the University, such as travel, accommodation, meals and incidentals. 

These payments are administered through Accounting Operations (refer to the Finance Policy 141 Section 2 Honorary Appointees and Visitor Payments).

Payments to international fellows and visitors must be in accordance with the visa that the individual has obtained. 

(Last amendment: January 2010)

Independent contractors provide services to the University and receive remuneration in excess of reasonable travel and living expenses for those services. Whilst the required outcome is defined, in general, the individual can decide how the work is done and receives remuneration according to the results they achieve.

For individuals to be engaged by the University, they must be able to demonstrate that they are clearly in business on their own account.

• Independent Contractors Act 2006 (Cth) - http://www.comlaw.gov.au/comlaw/Legislation/Act1.nsf/0/3E9385D6CD1B9EACCA257242000CFD08?OpenDocument
• Fair Work Act 2009 (Cth)
• Finance Policy and Procedures Manual Policy 141 Payments to Individuals Section 2.5 'Individual Independent Contractor Payments'

• Superannuation (Productivity Benefit) Act 1988 - http://www.finance.gov.au/superannuation/policy-and-legislation/productivity-benefit.html

• Superannuation Guarantee (Administration) Act 1992 - http://legislation.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/framelodgmentattachments/9E3EF358A892DCFDCA25718E0000846A

• ATO's "Superannuation Guarantee Ruling SGR 2005/1 'Superannuation guarantee: Who is an employee?"ATO's "Guidelines for Employers - Superannuation Guarantee - How to meet your super obligations" - http://law.ato.gov.au/atolaw/view.htm?rank=find&criteria=AND~SGR~basic~exact:::AND~2005%2F1~basic~exact&target=EF&style=java&sdocid=SGR/SGR20051/NAT/ATO/00001&recStart=1&PiT=99991231235958&recnum=14&tot=24&pn=ALL:::ALL

• Occupational Health and Safety Act, 2004 (Vic) - http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/750e0d9e0b2b387fca256f71001fa7be/$FILE/04-107A.pdf (pdf)

• Occupational Health and Safety Regulations 2007 (Vic) - http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/7e27929611f1d5c2ca256dac00186f32/da19e13cb92a0becca25730700205411!OpenDocument

• Risk Management Committee, July and November 2008

• Administrative Policies and Practices Group, May 2009

It is important that individuals providing services to the University are engaged through an appropriate arrangement. The University faces serious penalties if it fails to meet its obligations in respect of individuals providing services to it.

To determine if an individual should be engaged as an independent contractor or a staff member of the University, it is critical that the totality of the relationship is taken into account.

For an individual to be engaged as an independent contractor, he or she should normally be able to demonstrate that they are in business on their own account. In general, this is indicated if an individual:

• has a valid Australian Business Number (ABN);

• is to be engaged on a one-off or ad hoc basis;

• has a substantial number of clients other than the University;

• is not directed how to produce the specified service - that is, has the right to exercise control over the manner in which the work is performed, hours of work etc;

• is not to be fully integrated into the Department - that is, is not given permanent office space or provided with other infrastructure or administrative support;

• is able to sub-contract the service;

• is to be paid a fee for providing specified services;

• operates from a separate place of business; and

• carries the risk of commercial loss through professional indemnity and personal liability insurances.

None of the above items are definitive determinants in their own right and it is the totality of the situation which determines the most appropriate form of relationship.

For example, if an individual does not have a valid ABN but most of the other factors apply, he or she may still be regarded as an independent contractor. Similarly, individuals providing academic services are unlikely to be able to sub-contract their services, yet they may still be regarded as independent contractors in certain circumstances.

Indicative examples of situations in which an independent contractor relationship is appropriate are:

• a piano tuner who has a listing in the yellow pages;

• a course trainer who provides his or her services to a range of clients; and

• a graphic designer operating from his or her own place of business.

Indicative examples of situations in which an independent contractor relationship is NOT appropriate are:

• tutors, demonstrators and sessional lecturers (see Section 16.3.12 Items related to specific groups of Independent Contractors);

• circumstances in which an individual holds a management position, eg. Deputy Head of Department or course co-ordinator, at the University.

If in doubt whether to engage an individual as an independent contractor or a staff member of the University, please contact the Manager, Remuneration and Benefits, Human Resources.

It is the responsibility of the Executive Director (Human Resources) to provide University staff with access to advice about the appropriate form of engagement. Further guidance is also provided at Section 1.3.1 Categorising and Establishing the Relationship.

The engagement of an independent contractor must be effected through a written contract which is to be signed by an authorised University staff member and the individual operating as an independent contractor. These contracts can be found at http://www.legal.unimelb.edu.au/legal_services/standard.

Reference should also be made to:

• the University Compliance Manual - Section 3, Contracts and Agreements - https://www.unimelb.edu.au/compliance/manual/index.html

• Financial Delegations UOM0383

Contracts with individuals operating as independent contractors should define:

• the work to be performed, the payment to be provided (including those required by law, such as where applicable, payroll tax and superannuation payments) and all other parameters of the engagement;

• the rights and obligations of the individual and the University;

• the ownership of any intellectual property that is developed in connection with the services being provided by the independent contractor;

• the obligations of the independent contractor relating to maintaining appropriate insurances;

• the obligations of the independent contractor relating to occupational health and safety; and

• the parameters and mechanisms relating to early termination of the contract.

The Dean or Level 2 delegated authority (refer Table 13 below) is responsible for ensuring copies of signed contracts with independent contractors are accessible for audit and other purposes.

An independent contractor or consultant will be treated as an employee for superannuation purposes in either of the following circumstances:

• if the contractor / consultant will be treated as an employee under common law, or

• if the contract with the worker is wholly or principally for their labour (note: an individual's labour may include physical labour, mental effort or artistic effort).

Further information on determining the above two factors is available at http://www.ato.gov.au/super/content.asp?doc=/content/43970.htm&page=6&H6. Referral to the ATO site for each individual case is strongly recommended to ensure compliance. If, on the balance of factors, a worker is determined to be an employee at common law or the contract with the worker is wholly or principally for their labour, the University must provide superannuation support for them.

Note: if the contract is with an intermediary such as a company or partnership rather than the individual then the individual is not an employee for superannuation purposes and superannuation does not apply.

Superannuation obligations will be outlined in the individual contract. Each individual contract must be examined in order to determine whether the person is engaged as an employee or as an independent contractor.

Independent contractors:

• are not University staff members in the performance of services covered by their engagement as independent contractors;

• may, at the discretion of the Head of Department, obtain an independent contractor (Visitor) card and have access to the University's information facilities, including its electronic communication network;

• may, at the discretion of the Head of Department, be provided with accommodation;

• must comply with University statutes, regulations and policies as they relate to their activities; including:

  • Statute 14.1 Intellectual Property - http://www.unimelb.edu.au/Statutes/s141.html;

  • Use of the University's electronic communication network policy (see Policy 122 Section 4 Use of Computer and Networking Facilities)

  • State and Federal equal opportunity laws applying to the University of Melbourne and any related policies;

  • State and Federal occupational health and safety laws applying to the University of Melbourne and any related policies;

  • Those elements of Regulation 17.1.R8 - Code of Conduct for Research which are relevant to the activities of the Independent Contractor - http://www.unimelb.edu.au/Statutes/r171r8.html;

Independent contractors may not:

• commit or authorise expenditure of University funds (variations to this item require authorisation of the Head of Budget Division); or

• unless specific arrangements are in place, carry out performance appraisals for University staff without a co-supervisor who is a University staff member.

The Finance Policy and Procedure Manual - (available from the Policy Library - http://policy.unimelb.edu.au/category/Finance) must be followed in relation to the purchasing of services from independent contractors, in particular:

• Policy 138 Purchasing Section 1 for details regarding EHS issues related to purchasing

• Policy 138 Purchasing Section 3 for details regarding external suppliers, including independent contractors

• Policy 138 Purchasing Section 5 for details regarding purchases from non-preferred suppliers

• Policy 141 Payments to Individuals  Section 2.5 for details regarding payments to independent contractors

• Building construction and maintenance

  • Due to the inherent risks presented and the speciality of required contracts, individuals providing building construction and maintenance services to the University are only to be engaged through Property and Campus Services.

    The individuals will be required to participate in the University's induction program for building construction and maintenance contractors - http://www.pcs.unimelb.edu.au/.

• Testing and Tagging of Electrical Equipment

  • Whilst the responsibility for ensuring electrical equipment is tested and tagged rests with the Head of Department, individuals providing the service are only to be engaged through Property and Campus Services.

    Property and Buildings will not impose any surcharge for this activity.

• Tutors, Demonstrators and Sessional Lecturers

  • Tutors, demonstrators and sessional lecturers who are teaching existing course material or who are under the supervision of a University staff member should normally be engaged as a staff member of the University. Only in exceptional circumstances should these individuals be engaged as independent contractors.

    The Provost must approve any engagement of tutors, demonstrators and sessional lecturers as independent contractors.

Further advice on independent contractor matters is available from:

• For general information: contact the Manager, Employee Remuneration and Benefits, Human Resources - http://hr.unimelb.edu.au/aboutus/contact/payroll

• University Standard Agreements: Legal Services - http://www.legal.unimelb.edu.au/legal_services/standard

• Payments and taxation issues: Finance Policy and Procedures Manual Policy 141 Payments to Individuals Sections 2.5, 2.6 and 2.7

• Insurance: contact the Insurance Manager, Insurance Office - http://www.unimelb.edu.au/insurance

• Categorising and establishing relationships, See Section 1.3.1 Categorising and Establishing the Relationship

• University Compliance Manual - Section 3 Contracts and Agreements - https://www.unimelb.edu.au/compliance/misc/summary/ch03.html

• EHS Management - EHS Manual Policy 348 EHS Management Of Service Providers (Contractors)

A member of the academic staff who over a number of years makes a substantial contribution to the teaching, research or professional programs of a department other than their own may be awarded an Adjunct appointment in that department.

The names of all Adjunct staff may be added to the University Calendar within the appropriate department as Adjunct Professor, Adjunct Senior Lecturer etc. according to the rank of their substantive appointment.

The following procedures apply to Adjunct appointments:

• The Dean may approve an adjunct appointment below professorial level.
• The Provost, on advice of the Senior Appointments and Promotions Committee (on recommendation from the relevant faculty committee) may approve an adjunct appointment at the professorial level.
• once approved, local Human Resources will take any other appropriate action.