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Australian Human Rights Commission: 2008 Non-ongoing Employment

Commission – General

2008

Non-ongoing Employment

Contract
employment arrangements

Table of Contents

1 Non-ongoing
employment

Non-ongoing employment is the term commonly used in the Commonwealth public
sector for contract or temporary work. The Commission uses this employment
method to cover a range of circumstances where on-going or permanent employment
is not appropriate. Where possible, however, ongoing employment is the
Commission’s preferred form of employment.

2 Types of Non-ongoing
opportunities

2.1 Maternity Leave
relief

When employees proceed on Maternity Leave they are entitled to retain their
current position until they return to work. The Commission fills their position
in their absence through a non-ongoing contract. Anyone engaged on this basis is
advised that the temporary vacancy is in connection with Maternity Leave and as
such there should be no expectation of ongoing employment.

2.2 Projects

The Commission may also engage non-ongoing employees to access specialist
expertise or skills that may be required for a specific project of defined
duration.

2.3 Defined period
funding

On occasion, the Commission may secure funding for specific purposes which
covers a defined period. In these circumstances, employees may be engaged on a
non-ongoing basis directly linked to the period of funding.

2.4 Other
reasons

The Commission may also use non-ongoing employment to supplement its ongoing
workforce for the following reasons:

  • administrative support
  • during peak workload periods
  • where a new function or requirement has been identified but it is not clear
    whether there will be a longer term need for the role
  • whilst a selection process is conducted to fill an ongoing vacancy
  • to cover a period of extended leave or temporary transfer

3 Sources of Non-ongoing
employees

The Commission may:

  • use expressions of interest from current ongoing employees
  • use a current eligibility list from a merit selection process
  • advertise in the Commonwealth Government Gazette
  • advertise on the Commission’s website, list serves or other electronic
    job notice board
  • use specialist advertisers eg Koori Mail
  • use its Temporary Employment Register
  • use employment agencies
  • use specialists that are well known to the Commission

4 Contracts

Non-ongoing employment contracts should indicate where there are conditions
imposed on the arrangement such as a link to external funding or Maternity
Leave.

5 Moving from non-ongoing
to ongoing

The Commission has the option to advertise positions as non-ongoing or
non-ongoing with a possibility of ongoing. This is particularly helpful where it
is not clear at the time of advertising whether the position will be required on
an ongoing basis or where a vacancy may arise during the next 12 months. There
can be no guarantee of employment becoming ongoing however, and expectations
should not be raised on this basis.

In order to utilise this option, the Commission must offer any ongoing
employment within 12 months of the original advertising. If this condition is
not met, then a new merit selection process must commence.

6 Extended
contracts

The Commission generally offers non-ongoing contracts on the basis of
information available at the time. If circumstances change, then employees
should be advised as soon as possible. For example, if an employee chooses to
extend Maternity Leave, then the non-ongoing employee should be advised as soon
as possible. Similarly, if external funding is linked to a non-ongoing
employment contract and that funding is to continue, advice should be provided
as soon as possible about an offer of extension.

7 End of
Contract

The Commission issues non-ongoing contracts with a specified start and end
date. The contract will also contain a termination clause and notice period,
where either party must give the required notice to terminate the contract.

Where possible, the Commission will give advance notice of any decision to
end a contract before the expected contract end date.

The Commission will also advise employees on non-ongoing contracts linked to
external funding, within 2 months of the end of that contract, of any advice
about continued or finalised funding.

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