Example Pro Forma for Secondment into the University

Document Sample
Example Pro Forma for Secondment into the University Powered By Docstoc
					                 PRO-FORMA
                 For Secondment into the University

           The following pro-forma secondment agreement is suitable for situations where an employee from
           another organization is seconded to the University of Melbourne.

           This pro-forma is designed to cover circumstances where a department wishes to second a person to
           the University of Melbourne. It should be noted that the University bears the costs of employing the
           secondee during the period of the secondment but the secondee remains an employee of the other
           organisation.

           You should carefully consider this pro-forma as to whether it is appropriate for the type of arrangement
           that you propose to establish.. For example, in some cases it may be more appropriate to appoint a
           person on a fixed term contract or appoint them as an Honorary. Your Human Resources Consultant can
           help you when considering issues surrounding the secondment or when considering other options for
           appointment.

           Follow the italicized prompts to complete the agreement.

           After preparing the secondment agreement, forward the agreement to Human Resources for content
           approval. After approval, it is then your responsibility to obtain the relevant signatures (the secondee’s
           and the other organisation’s) and to forward the executed agreement to Human Resources for final
           approval. Human Resources will then provide the two executed copies to the organisation asking it to
           provide their employee with a copy.




           Guidelines for Use
              This agreement is between the University of Melbourne, the employer of the secondee (referred to
               as the Home Institution) and the secondee. All parties must be correctly named and the correct
               address inserted.
              The date of the agreement should ideally be the date that the last party signs the agreement. The
               first two parties should sign the agreement and leave the date blank.
              This agreement should be used where an employee of another organisation is to be seconded to the
               University of Melbourne.
              The agreement should state the position that the secondee will fill during the period of the
               secondment to the University and the position the secondee will return to at their organisation once
               the agreement (and therefore the secondment) has ended.
              The position description at the University of Melbourne should be clear and must be attached to the
               agreement.
              Reporting lines need to be clear.
              Terms and conditions of employment with the Home Institution take precedence. However, the
               University of Melbourne requires the secondee to abide by its policies and procedures during the
               term of the secondment. In particular, performance assessment during the secondment period is to
               be carried out in accordance with the University’s performance development framework.
           Intellectual Property (IP):
              The IP clause is drawn in general terms. It includes an acknowledgement that the employee may
               have created something prior to taking up a secondment to the University of Melbourne.
               Employees of the University should be appropriately counselled and advised of the need to consult
               the University before releasing any University IP to a secondee, the Home Institution or any other
               organisation. University employees are to assess what information and University IP may need to be
               released to the secondee or other organisations.



20101208                                                                                                         Page 1 of 11
Pro-forma for Secondment into the University                                                                     Human Resources



                         Faculties will need to determine in each case:
                               whether the secondee (or his/her employer) has developed any IP which is relevant to their
                                work at the University;
                               whether the University can use that IP or whether separate arrangements need to be made;
                               whether there are any complications in relation to licensing, curricula or access to materials
                                required for work at the University.
                      Scope of the Agreement:
                         This agreement does not cover the situation where an appointment is to be made but presumes that
                          the incumbent is already an employee of the Home Institution and is being seconded for a set period
                          of time.
                         Other than OH&S matters, the agreement does not cover the provision of facilities to the secondee
                          at the University.
                         The agreement covers both confidential information of the University and personal and health
                          information (privacy issues). The latter is important when a hospital is the Home Institution.
                         The above summarises some aspects of the pro forma secondment agreement. It will not be suitable
                          for all circumstances. If any variations are required, the agreement should be forwarded to your
                          Human Resources Consultant, who may consult Legal Services for proper drafting of the required
                          variations.
                      Other Points to Consider:
                         Leave: Has the Secondee already booked some leave (for example, annual, long service or other
                          leave) which has been approved and which should be referred to in the secondment agreement in
                          the annual leave clause? See clause 5.
                         Salary: Will the University pay any increments or other increases to salary during the Term? See
                          clause 6.3.
                         Insurance: Is the secondee an Australian citizen? See clause 9.2 (secondee insurance).




C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                        Page 2 of 11
Pro-forma for Secondment into the University                                                                                                             Human Resources




                      This Secondment Agreement
                      is made on …………………………..between the following parties:

                      1. The University of Melbourne
                         of Grattan Street, Parkville VIC 3010 Australia
                      2. Full name of employer of secondee
                         …………………………………………………………………….of …………………………………….(Home Institution)
                      3. Full name and address of Employee,
                         ................................................of ......................................................................................... (Secondee)


                      (COLLECTIVELY “THE PARTIES”)

                      Recitals

                      A. The Home Institution has agreed to second the Secondee to The University of Melbourne in order
                         for the Secondee to perform the role of ……………………………………….
                      B. This Agreement sets out the terms and conditions of the secondment to The University of
                         Melbourne.
                      C.    The Secondee remains at all times an employee of the Home Institution and his/her employment
                            continues to be subject to the terms and conditions of an employee of the Home Institution.
                      The parties agree:




                      1. Definitions and interpretation
                      1.1 Definitions
                            In this Agreement, unless a contrary meaning is clear from the context:
                                  Agreement means this Agreement and includes any Schedule to it and Secondment Agreement
                                   has the same meaning;
                                  Commencement Date means the date on which the secondment and this Agreement
                                   commences, as stated in clause 2(a)
                                  End Date means the date on which both the secondment and this Agreement ends, as stated in
                                   clause 2(a).
                                  GST means Goods and Services Tax, as defined in A New System (Goods and Services) Act 1999
                                   as amended;
                                  Intellectual Property shall have the meaning ascribed to it in accordance with Statute 14.1 –
                                   Intellectual Property of the University of Melbourne, available online at
                                   http://www.unimelb.edu.au/ExecServ/Statutes/s141.html;
                                  Party means a party or parties to this Agreement.
                                  Position Description means the explanation of the role which the Secondee is to perform while
                                   at The University of Melbourne, attached as Schedule 1;
                                  Privacy Acts means the Information Privacy Act 2000 as amended and the Health Records Act
                                   2001 as amended, and Privacy Principles and Health Privacy Principles have the meanings as
                                   used therein; and
                                  Term refers to the period of time outlined in clause 3.


C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                                                                   Page 3 of 11
Pro-forma for Secondment into the University                                                                        Human Resources



                      1.2 Interpretation
                           In this Agreement, unless the context otherwise requires:
                           a)   the singular includes the plural and vice versa;
                           b) a gender includes all genders;
                           c)   a reference to any law, legislation or legislative provision includes any statutory modification,
                                amendment or re-enactment, and any subordinate legislation or regulations issued under that
                                legislation or legislative provision;
                           d) this Agreement must be interpreted so that it complies with all laws applicable in Victoria. Any
                              provision that does not comply must be read down so as to give it as much effect as possible. If
                              it is not possible to give a provision any effect at all then it must be severed from the rest of the
                              Agreement;
                           e)   a reference to any agreement or document is to that agreement or document as amended,
                                novated, supplemented or replaced from time to time;
                           f)   unless otherwise stated, no word or provision of this Agreement limits the effect of any other
                                word or provision of this Agreement;
                           g)   headings and the index to this Agreement are for guidance only and do not affect the
                                interpretation of this Agreement;
                           h) where a word or phrase is defined, its other grammatical forms have corresponding meanings;
                           i)    an obligation imposed by this Agreement on more than one person binds them jointly and
                                severally;
                           j)   a reference to a recital, clause or schedule is a reference to a recital, clause or schedule in this
                                document; and
                           k)   an expression importing a natural person includes any company, trust, partnership, joint
                                venture, association, corporation, body corporate or governmental agency.




                      2. Period of secondment
                           a)   The Employee will be seconded to The University of Melbourne from
                                ………………….(“Commencement Date”) to ………………………….(“End Date”)
                           b) At the conclusion of the Term, the Secondee will return to a position with the Home Institution.




                      3. Term of Agreement
                           a)   This Agreement will commence on the Commencement Date and, unless terminated earlier in
                                accordance with this Agreement, remain in force until the End Date.




                      4. Secondment arrangements
                      4.1 Secondment position
                           The Secondee will be assigned the position of ………………………at The University of Melbourne.
                           a)   The University of Melbourne has provided a Position Description contained in Schedule 1
                                setting out the Secondee’s duties. [Please attach this to the agreement].




C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                           Page 4 of 11
Pro-forma for Secondment into the University                                                                    Human Resources



                           b) The Secondee will be responsible for the duties as outlined in the Position Description.
                           c)   The Secondee will report to the (supervisor)…………… of the Department of……………. for the
                                Term.

                      4.2 Nature of relationship
                           a)   At all times during the Term, the Secondee will remain an employee of the Home Institution.
                                This Agreement does not create an employment relationship between the Secondee and The
                                University of Melbourne.

                      4.3 Work conduct
                           a)   The Secondee will continue to be covered by the terms and conditions of the Home Institution.
                           b) In addition, during the Term, the Secondee must abide by the statutes, regulations policies,
                              procedures and guidelines which apply to The University of Melbourne for academic or
                              professional staff (Refer to Personnel Policy and Procedures, a copy of which can be found at
                              http://www.unimelb.edu.au/ppp/docs ).
                           c)   Should there be any conflict between the statutes, regulations, policies, procedures and
                                guidelines of the two institutions, those of the Home Institution shall take precedence.

                      4.4 Performance assessment
                           a)   Where the Term is for more than one year, the University will conduct an annual assessment of
                                the Secondee’s performance in accordance with The University of Melbourne Performance
                                Development Framework. The University will provide the results of this assessment to the
                                Secondee and the Employer.
                           b) It is the responsibility of the Head of Department (or equivalent) to liaise with the supervisor of
                              the employee at the Home Institution to ensure an annual assessment is conducted within the
                              principles and practice of The University of Melbourne’s Performance Development
                              Framework. The Secondee will be provided with the results of this assessment and the
                              University supervisor will also enter the performance rating in Themis HR.




                      5. Taking of leave during secondment
                      5.1 Annual Leave
                           a)   The Secondee is eligible for his/her normal entitlements to annual leave and sick leave as
                                specified by the conditions of the Home Institution.
                           b) The timing of the Secondee’s annual leave must be mutually agreed between the Secondee,
                              the Home Institution and the (supervisor at The University of Melbourne)…………………. The
                              Home Institution agrees not to unreasonably withhold its consent to the Secondee taking
                              annual leave.
                           c)   The University of Melbourne agrees to provide the Home Institution with written notification
                                of the timing and amount of all annual leave taken during the Term.

                      5.2 Other Leave
                           a)   The Secondee may take other forms of leave (including sick and carer’s leave) during the Term
                                in accordance with the conditions of the Home Institution.
                           b) Where the Secondee is required to provide documentation to establish his or her entitlement
                              to such leave, copies of that documentation must be provided to both the Home Institution
                              and to The University of Melbourne.



C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                       Page 5 of 11
Pro-forma for Secondment into the University                                                                        Human Resources



                           c)   The University of Melbourne will provide the Home Institution with written notification of the
                                timing and amount of all personal and bereavement leave taken during the Term.

                      5.3 Long Service Leave
                           The Secondee will continue to accrue long service leave in accordance with the conditions of the
                           Home Institution.
                           If Secondee is eligible but no long service leave is to be taken, insert this clause below and delete all
                           other clauses:

                           No long service leave is to be taken by Secondee during the Term.
                           Or, if Long Service Leave is to be taken insert either clause (a) or (b) and delete the above clauses:
                           a) The University of Melbourne will approve the taking of long service leave on [INSERT DATE]
                              until [INSERT DATE].
                              The University of Melbourne will not invoice the Home Institution for the costs associated with
                              the Secondee’s long service leave during the period of the secondment.
                              Or
                           b) (The University of Melbourne will approve the taking of long service leave for a period of
                              [INSERT WEEKS]. The final timing and duration of such leave will be negotiated between the
                              Secondee and The University of Melbourne.

                           After being informed of the exact timing of long service leave, The University of Melbourne will not
                           invoice the Home Institution for the costs associated with the Secondee’s Long Service leave during
                           the Term.




                      6. Financial arrangements
                      6.1 Payments to Secondee
                           a)   The Secondee will remain on the payroll of the Home Institution. The Home Institution will
                                continue to make all payments and provide all benefits to the Secondee as required by the
                                Secondee’s contract of employment, applicable legislation, and any applicable industrial
                                instrument.
                           b) The Secondee will remain a member of his or her current superannuation scheme under the
                              conditions of the Secondee’s employment with the Home Institution.

                      6.2 Reimbursement of expenses
                           a)   Subject to prior approval by The University of Melbourne and the presentation of receipts, The
                                University of Melbourne agrees to reimburse the Secondee for all reasonable and necessary
                                out of pocket expenses properly incurred by the Secondee in the performance of his or her
                                work for The University of Melbourne during the Term.

                      6.3 Payments to the University of Melbourne
                           a)   The University of Melbourne will reimburse the Home Institution for payment of …….% EFT
                                for the Secondee’s salary and on-costs (to cover superannuation, payroll tax, WorkCover levy,
                                and leave accruals) during the period of the secondment.
                                Do you want to commit to pay rises awarded by the Employer?
                           b) Such payment will not include the cost of any annual leave taken in excess of 20 days per
                              annum.
                           c)   Administrative arrangements for the transfer of funds will be organised between the Home
                                Institution and ……Department contact……………



C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                           Page 6 of 11
Pro-forma for Secondment into the University                                                                     Human Resources



                      6.4 GST
                           a)   Any amount referred to in this agreement is exclusive of GST.
                           b) If GST is imposed on any supply (or deemed supply) made by any party under or in connection
                              with this agreement, the consideration for that supply shall be increased by an amount equal
                              to the amount of that consideration multiplied by the rate at which GST is imposed in respect
                              of that supply.
                           c)   The party which makes the supply must provide to the recipient of that supply a GST tax
                                invoice as required by any relevant legislation.




                      7. Occupational health and safety
                           a)   The University of Melbourne agrees to provide a safe and healthy working environment for the
                                Secondee.
                           b) The Secondee agrees to work in a safe manner and to report any safety concerns during the
                              secondment immediately to the supervisor in the Department of [FACULTY] at The University of
                              Melbourne.




                      8. Intellectual Property and Confidentiality
                      8.1 Confidentiality
                           The Secondee agrees that, except in the course of his or her duties, as required by law, or with the
                           prior written consent of The University of Melbourne, the Secondee will not:
                           a)   directly or indirectly disclose any information of The University of Melbourne which is not in
                                the public domain; or
                           b) use, copy, transmit or remove or attempt to use, copy, transmit or remove any part of the
                              information of The University of Melbourne which is not in the public domain.
                           These obligations extend to disclosure or transmission of information of The University of
                           Melbourne to other employees and agents of the Home Institution.

                      8.2 Privacy
                           a)   The Parties agree to comply with the Privacy Principles and the Health Privacy Principles
                                established under the Privacy Acts where applicable and with the University of Melbourne’s or
                                the Employer’s privacy policy and guidelines as amended from time to time. In particular, they
                                must observe the Privacy Principles and Health Privacy Principles in relation to any personal or
                                health information held, managed, collected or used by them or which they become aware of
                                or have access to in connection with this Agreement. The University of Melbourne’s privacy
                                policy can be located at: http://www.unimelb.edu.au/unisec/privacy/privacypolicy.html

                      8.3 Intellectual property
                           a)   Subject to clause 8.3(b), all ownership of Intellectual Property arising out of the secondment to
                                The University of Melbourne shall, unless otherwise agreed in writing, reside with The
                                University of Melbourne or in accordance with any third party agreements that would
                                otherwise govern the ownership and management of that Intellectual Property.
                           b) If the parties are unable to reach an agreement as to the ownership of Intellectual Property
                              under clause 8.3(a) then:
                                       i). ownership of that Intellectual Property vests in each party as tenants in common in
                                           proportion to each party’s contribution;


C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                         Page 7 of 11
Pro-forma for Secondment into the University                                                                     Human Resources



                                       ii). each party grants a licence to the other party to use the Intellectual Property for
                                            that party’s own non-commercial, educational, teaching or research purposes; and
                                      iii). any commercial use of the Intellectual Property will be subject to an agreement
                                            resulting from negotiations between the parties made in good faith.
                           c)   Ownership of Intellectual Property rights in any background Intellectual Property contributed
                                by the University, the Secondee and/or a third party to any project material developed during
                                the course of the secondment shall remain with the University, the Secondee or the third party,
                                as the case may be.




                      9. Insurance
                      9.1 University and Home Institution insurance obligations
                           a)   The University of Melbourne and Home Institution must take out and maintain appropriate
                                levels of public liability, property damage, Workcover and professional indemnity insurance to
                                cover claims or demands regarding their respective responsibilities, obligations and liabilities
                                under this Agreement.

                      9.2 Secondee insurance
                           The Parties acknowledge that:

                           a)   Secondees are not employees of The University of Melbourne and are not covered by The
                                University of Melbourne’s WorkCover protection for any work related injury or illness received
                                during the Term.

                           b) In the absence of a specific agreement to the contrary, the Secondee will not be covered under
                              The University of Melbourne’s public liability and professional indemnity insurance.
                           c)   If the Secondee is an Australian resident, then he/ she may obtain cover for an injury or illness
                                incurred whilst working at The University of Melbourne through the following options:
                                       i). If acting in the course of their employment: Workers Compensation protection for
                                           their “work” related injury or illness, through the Home Institution’s scheme; or
                                      ii). If self-employed: Medicare and/or personal insurance covers such as private health
                                           insurance and personal accident protection;
                           d) If the Secondee is not an Australian resident, then written confirmation must be provided on
                              request to confirm whether the Secondee can recover any medical expenses incurred for an
                              injury or illness which occurred in Australia during the Term through one of the following
                              options:
                                       i). If acting in the course of their employment: Workers Compensation protection for
                                           their “work” related injury or illness, through the Home Institution’s scheme; or
                                      ii). The Secondee’s own country's health insurance scheme, or
                                      iii). The Secondee’s own travel insurance.




                      10. Termination
                      10.1 Termination by agreement




C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                        Page 8 of 11
Pro-forma for Secondment into the University                                                                     Human Resources



                           This Secondment Agreement may be terminated by agreement in writing by each of the three
                           Parties after prior consultation between the [insert name of supervisor at the Home Institution,
                           insert supervisor name in the Department] and the Vice-Principal (Human Resources ) of the
                           University of Melbourne.

                      10.2 Termination by resignation
                           If the Secondee wishes to resign from his or her employment with the Home Institution during the
                           Term, the Secondee must give at least [PERIOD]…….. notice to the University of Melbourne and the
                           Home Institution. At the conclusion of that notice period, the secondment and this Secondment
                           Agreement will terminate.

                      10.3 Termination for misconduct
                           If the Secondee engages in any form of inappropriate behaviour or misconduct, The University of
                           Melbourne may terminate the secondment immediately by giving written notification to the
                           Secondee and to the Home Institution. The Home Institution will be entitled to take such action as
                           it considers appropriate in relation to the Secondee in accordance with the Home Institution’s
                           policy and the Secondee’s contract of employment.

                      10.4 Termination for other reasons
                           Each party must notify the other immediately if:
                           a)   it disposes of the whole or part of its assets, operations or business relevant to this
                                Secondment Agreement other than in the normal course of business (except for the purposes
                                of a reorganisation or reconstruction);
                           b) it ceases to pay its debts as they become due;
                           c)   any step is taken to appoint a receiver, a receiver and manager or administrator or other like
                                person of the whole or part of its assets, operations or business.
                           Once notification of one of the events outlined in paragraphs (a), (b) or (c) above has been received,
                           this Secondment Agreement will terminate immediately.




                      11. Disputes
                      11.1 Procedure for dispute resolution
                           a)   If any dispute arises in connection with this Agreement, then a representative of The University
                                of Melbourne, a representative of the Home Institution and the Secondee will negotiate in
                                good faith using their best endeavours to resolve the dispute.
                           b) If the Parties are unable to resolve any dispute in accordance with clause 11.1(a) within thirty
                              (30) days, then the matter may be submitted by either Party to a person agreed by the Parties
                              (or failing agreement to a person appointed by the President of the Law Institute of Victoria or
                              any similar or successor organisation) for determination. The costs of submission to the
                              person appointed pursuant to this clause 11.1(b) will be met equally by the Parties.
                           c)   Nothing in this clause 11 will prevent a Party from seeking interlocutory relief from a court of
                                appropriate jurisdiction. However, a Party shall not otherwise commence legal action in the
                                event of a dispute or difference unless it has first complied with clauses 11.1(a) and 11.1(b).




                      12. General


C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                        Page 9 of 11
Pro-forma for Secondment into the University                                                                   Human Resources



                      12.1 Governing law and jurisdiction
                           This Agreement is governed by the laws of Victoria, Australia. The Parties irrevocably submit to the
                           non-exclusive jurisdiction of the courts of Victoria.

                      12.2 Variation
                           This Agreement may only be varied in writing and signed by all of the Parties.




C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                     Page 10 of 11
Pro-forma for Secondment into the University                                                                  Human Resources




                      Executed as an agreement:


                      Signed for and on behalf of
                      THE UNIVERSITY OF MELBOURNE
                      By its authorised officer:                  ……………………………………….
                                                                  [Insert Name of Head of Budget Division]
                                                                  [Insert Title of Head of Budget Division]
                                                                  [Insert Department/Faculty name]
                                                                  The University of Melbourne


                      Date:                                       ………………………………………..




                      Signed for and on behalf of
                      The Home Institution:                       ……………………………………….



                      Date:                                       ………………………………………..




                      Signed by the Secondee:                     ……………………………………….



                      Date:                                       ………………………………………..




                      Signed:                                     ……………………………………….



                      Date:                                       ………………………………………..




C:\Docstoc\Working\pdf\99ed1d70-361d-471f-9f4b-4c1c3f8894f1.doc                                                   Page 11 of 11

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:1
posted:10/23/2012
language:English
pages:11